IF IT WALKS LIKE A DUCK ….

Dear Readers…Looks like the Sentinel got a whiff of the Town’s Colon payout inquiry being finished (thus far) …They had quotes from the Int. Town Manager (we hear they were never responded to by the former manager )…From former Town Manager Esther Colon ” I have no comment”… quite a change from her having plenty to comment on during her days on the dais….The inquiry will be  addressed tonight in the Town Manager’s Report… (prev. post) …Was Colon overpaid?…Was Colon terminated or a retiree?  …And will the Town be reimbursed for the $69 thousand + and whatever else was wrongly received? …In this writer’s opinion…nothing was done with the finances for this self proclaimed “bean counter”, Esther Colon without her direction…knowledge…oversight and consent… She provided big time for herself and her former boss and followed suit with his employment agreements for her staff  denying them what they should have received. from the Personnel Policy Manual …Those “loyal” staff members who will follow her out the door after being terminated are left  to waddle away with empty beaks!…

SENTINEL ONLINE….

“Lauderdale-by-the-Sea commission to review fired town manager’s severance payment

Report alleges overpayment of $69,308 Wages and Pension to Colon”

“LAUDERDALE-BY-THE-SEA

A report about the severance payments to former town manager Esther Colon alleges she was paid $69,308 more than she was entitled to receive.

Interim Town Manager Connie Hoffmann said she will ask commissioners to consider the findings at Tuesday’s meeting. If they authorize her and the town attorney to proceed, Hoffmann said she will attempt to recover the funds.

Colon was fired April 20 and received $296,188, according to the report. Colon’s replacement, her former deputy John Olinzock, was fired a week later.

Asked about the town’s inquiry, Colon said, “I have no comment.”

Olinzock’s dismissal came after officials said they grew concerned about the rapid severance payment to Colon, which led to a lockdown of Town Hall the weekend of April 24.

Commissioners later said that Olinzock was authorized to process payments to his former boss, but that he had also been asked to review the severance payout with the town attorney.

“He did not do that until after the money had already been transferred into her account,” Hoffmann said.

According to Hoffmann’s report, direct deposit payments were made to Colon for:

$169,276 for one year’s salary in severance pay, including $7,499 for a year’s worth of deferred compensation that Hoffmann wrote “was not warranted.”

$41,479 for accumulated vacation leave that included an alleged overpayment of $18,593. “She was getting four weeks’ vacation, two weeks more per year than the commission authorized,” Hoffmann said.

$56,293 for accumulated sick leave that was allegedly $43,215 too much.

“That’s 75 percent more than the policy manual dictated,” Hoffmann said.

$29,138 for comp time.

Also under review is two years’ worth of deductions that Colon directed be made from her severance for health insurance premiums; eye care; dental, life and disability insurance, the report states.

“The question is whether the town is obligated to allow her to do that,” Hoffmann said. “Human resources treated her as a retiree, rather than as a fired employee.”

http://www.sun-sentinel.com/news/broward/lauderdale-by-the-sea/fl-lauderdale-by-sea-manager-20100524,0,3031264,full.story

more to come…

Tags: Lauderdale By The Sea Town Manager Comments On Former Town Manager Colon In The Sentinel, Scoops
Posted in Local Politics, News, Scoops, Web News, local government

NEW MAJORITY..NEW ADMINISTRATION…NEW RECOMMENDATIONS & SUPPORT…

TOWN OF LAUDERDALE-BY-THE-SEA

TOWN COMMISSION
ROUNDTABLE MEETING

WEDNESDAY, MAY 26, 2010 / 7 PM – JARVIS HALL

1. CALL TO ORDER, MAYOR ROSEANN MINNET

2. DISCUSSION ITEMS:

a. Method for conducting search for full time Town Manager (Mayor Roseann

Minuet) -Deferred at the April 28, 2010 Roundtable for Town Attorney to

obtain RFP from the City of Pompano beach and for Town Attorney and

Mayor Minuet to work together.

BC- The Town Manager put together an RFQ (Request For Qualifications) “to issue a single contract to a  firm to provide consulting services to recruit and perform background evaluations on candidates for Town Manager”….It contains the following…

A”Project Overview”… “the intent of this project”…”The successful contractor will furnish assistance to the Town Commission “…”to identify and develop a list of desirable candidates based upon a consensus-developed profile. The contractor will be expected to design a statewide recruitment effort, which will also include conducting  full background,effectiveness, and performance assessments of recommended candidates, and negotiation of a contract with the selected candidate. The approach must include individual interviews with the Town Commissioners to obtain their input on the desired attributes of the Town Manager, and must include organizing at least one gathering in the Town for the top candidate(s0 with Town Commission, Town staff, and members of the community.”…

SHE’S A CANDIDATE …

B. “Specific Requirements” … which spells out the termination of the former TM and that we have an Int. TM who, is a candidate for the position. …It also states the Com. wants the position selected “as soon as is practical”

C. “Background” …an overview of the Town …

Secs. 5.3 /5.4/5.5
Sec. 5.3. Town Manager–Appointment, qualifications and compensation.
The Town Commission shall appoint a Town Manager who shall be the administrative head of the municipal government under the direction and supervision of the Town Commission. The Town Manager shall hold office at the pleasure of the Town Commission. The Town Manager shall receive such compensation as determined by the Town Commission through the adoption of an appropriate resolution. The Town Manager shall be appointed by resolution approving an employment contract between the Town and the Town Manager. The Town Manager shall be appointed solely on the basis of education and experience in the accepted competencies and practices of local public management including, a graduate degree with a concentration in public administration, public affairs, public policy, or public finance and two (2) years’ experience as an appointed city manager or county manager, or four (4) years’ experience as an assistant or deputy city manager or assistant or deputy county manager.

Sec. 5.4. Town Manager–Absence or disability; removal.
During the absence or disability of the Town Manager, the Town Commission may by resolution designate some properly qualified person to temporarily execute the functions of the Town Manager. The person thus designated shall have the same powers and duties as the Town Manager, and shall be known while so serving as “Acting Town Manager.” The Town Manager or Acting Town Manager may be removed by the Town Commission at any time.

Sec. 5.5. Town Manager–Powers and duties.
The Town Manager shall be responsible to the Town Commission for the proper administration of all affairs of the Town coming under the Town Manager’s jurisdiction, and the Town Manager’s powers are and they shall be:
(1) To see that the laws and ordinances of the Town are enforced.
(2) To appoint or remove all subordinate officers and employees.
(3) To exercise, control and direct supervision over all departments and divisions of the municipal government under the classified service, except where otherwise provided.
(4) To see that all terms and conditions imposed in favor of the Town or its inhabitants in any public utility franchise are faithfully kept and performed; and upon knowledge of any violation thereof, to call the same to the attention of the Town Attorney, whose duty it is hereby made to take such legal steps as may be necessary to enforce the same.
(5) To attend all meetings of the Town Commission, with right to take part in the discussions, but without having a vote.
(6) To recommend to the Town Commission for adoption such measures as the Town Manager may deem necessary or expedient in the interest of the Town.
(7) To keep the Town Commission fully advised as to the financial conditions and needs of the Town and at the proper time to submit to the Town Commission for its consideration an annual budget.
(8) To advise and consult with all officers and official heads of the several departments of the Town relative to the affairs of such department, and to make recommendations to the Town Commission respecting such departments as the Town Manager may see fit.
(9) To perform such other duties as may be prescribed under this Charter, or may be required of the Town Manager by motion, direction, ordinance or resolution of the Town Commission.
(10) To prepare and submit to the Town Commission an annual financial audit of its accounts and records, completed no later than six (6) months after the end of its fiscal year by an independent certified public accountant retained by the Town Commission and paid from its public funds.
(11) To sign all checks, warrants, bonds and agreements issued by the Town of Lauderdale-By-The-Sea.
(12) To assist the Town Commission to develop long-term goals for the Town and strategies to implement these goals.
(13) To encourage and provide staff support for regional and intergovernmental cooperation.
(14) To promote partnerships among the Town Commission, staff, and citizens in developing public policy and building a sense of community.
Sec. 3.6
Sec. 3.6. Non-interference in Town Administration.
The Town Commission or its members shall not give orders to any Town officer or employees who are subject to the direction and supervision of the Town Manager, either publicly or privately. Nothing in the foregoing is to be construed to prohibit individual members of the Town Commission from examining by question and personal observation all aspects of Town government operations so as to obtain independent information to assist the members in the formulation of policies to be considered by the Commission and assure the implementation of such policies as have been adopted. It is the express intent of this provision, however, that such inquiry shall not interfere directly with the regular municipal operations of the Town and that recommendations for change or improvements in Town government operations be made to and through the Town Manager.

D. “Submission of Responses” ..What is required to be included in RFQ… to assure consistency, information and conform to the format…Cover letter/project team/statement of skills and experience of project team as related to similar projects for other communities with similar characteristics and demographics, and details regarding the Responder’s capacity to complete the project/ Resumes of key personnel (limit 1 pg per person)/info on costs-fees/project approach/proposed timeline/references for past TM search projects with preference for coastal communities in S.Fl.region…how it is to be bound and initialed

E. “Selection/Evaluation”…Project team experience and capacity/Project approach/Cost-fees ..”State the total cost to the Town for the project.Proposed costs shall be all-inclusive; additional charges to be assessed. State warranty provisions for repeating the process, should the selected candidate not complete at least two years of service with the Town./ Project Timeline

F. “Questions and Communication- Question go to Town Clerk

G. “Addenda”- Town can change or cancel the RFQ at anytime before or after the closing date.

H. “Acceptance Periods”- Qualification in response to RFQ will be considered offers -miust remain open no less than 120 days from closing date.

I. “RFQ Conditions And Provisions”- Responders required to dot i’s and cross t’s

J. “Selection/Evaluation Process-see above

k. “Insurance”- proof of insurance for Responders

L.”Standard Provision” Gov. law/Conflict of Interest/Drug free workplace/Public entity crimes etc…

BC- Very glad to see 5 weeks into her new position the Int. TM is a candidate for the permanent position…I still believe as I did from the get-go…we do not need to have a firm..put out the TM job application as was done in Miami Lakes placed on the proper websites/hard print and go from there..

b. Attorney General Opinion on Law Enforcement Trust Funds -Deferred at the

April 28, 2010 Roundtable for Interim Town Manager to get amount

spent on prison cell and interview room.

BC- This was previously posted …VM Dodd (this writer agrees) believes funds were not used appropriately in the new BSO quarters with the LETF funds and the Gen. Fund should repay a portion to rectify the situation…The Town Commission needs to be vigilant about how those funds are used going forth…Will  VM Dodd have any support with a new majority and a new Administration?…

c. Mitigation of Liens /Nuisance Ordinance /Discussion on Code Enforcement

Liens (Vice Mayor Dodd and Mayor Roseann Minuet) -Deferred at the April

16, 201 D Commission Roundtable to reference Nuisance Ordinance and

Mitigation of Liens

BC- Another VM Dodd (as Comm.) item originally in his first 2 years…it was shot down by the then-majority and the former Admin….At the time it was requested for the former Asst. TM to look at other municipalities..particularly Pompano Beach due to the fact that Dodd had based his item on discussions with the Town’s Special Magistrate who is also the Pomp. Bch Town Atty….True to form that was not done…just a form of what would be required and a “thumbs down” from staff…Fast forward …new majority..new TM/Asst. TM and a resident who provided what staff did not…the Pomp. Bch plan and their “Amnesty Program” that “allows a payment to solve code enforcement liens of 25% or $500 whichever is smaller.” The resident, Mr. Overton states “I think a 50% or $1000 whichever is smaller would be a welcome relief for residents of LBTS”… In the backup was the Amnesty Fact Sheet with the criteria found online … http://www.mypompanobeach.org/directory/index.html#code …. Also in the backup was item 12c from May 26,2009 when this was back on after the May 14,2009 meeting…In the included minutes ..was the “Draft policy on mitigation of coded compliance fines and recorded liens”…”Commissioner Dodd asked whether Town staff spoke with the Magistrate and whether these were the recommendations of the Magistrate. Assistant Town Manager Olinzock said it was a combination of his recommendation along with the recommendation of staff and the Town Manager. He added that staff did not recommend it; they believed it a workable way of approaching it.” Then VM McIntee made a motion to approve (he was most likely asleep at the wheel again) and Dodd 2nd it…”Assistant Town Manager Olinzock explained further that staff did not recommend this as rules were broken, the property owners were in violation and penalties were issued.” (Hmmm…Pot call the Kettle …JohnO?)…”Commissioner Dodd felt that since the Magistrate recommended it, it should be supported. McIntee (woke up) withdrew his motion.” …Another reason why they are no longer in charge!… New Commission…new Administration …new recommendation & support?…

d. Review of Boat Ordinances (Mayor Roseann Minuet)

BC- This stems from a letter from a resident who also came to speak at Public comments a few meetings back when he was no longer allowed to store his boat on their private beach…Attached was the ord. from 6-24-97 “Sec 5.51 Operation of boats restricted- It is unlawful for any person-4. Uses of the beaches, either public or private, for storage or parking of boats…also it was code in 1962/ord. in 1982prior to 1997…Doubt this is going anywhere…surprised he was untouched for code violation for so long…

e. Senior Center Fees (Commissioner Scot Sasser)

BC- This was another example of no clarification in direction by the prev. Comm. and Administration…The idea was not to exclude those not here annually…it was to charge non-residents for  use..renters were considered residents..there was no discussion differentiating between renters and the time they reside here…This writer 1st heard about this as the fiasco of sending those who did not meet the Broward County “list” to Town Hall to sign up…It was again a unilateral decision made by the former Administration to impose the annual criteria for use!… Same as above new majority-new Administration…there should be a new recommendation and support…

f. Recycling (Vice Mayor Stuart Dodd)

BC- VM Dodd wanted the value of return for recycling to discuss ways to increase it and have more participation from Town residents …$9,436.09 is the revenue …and it is listed unencumbered …Right before she was terminated former TM Colon suddenly sent a very strange memo to the Comm. stating she was going to do “research” on single stream recycling in other municipalities as there were residents and Comms. that did not want it!… That was never the case on or off the dais…and single stream is being implemented everywhere…a simple Google would have sufficed (prev. post)…

g. Red Light Cameras (Vice Mayor Stuart Dodd)

BC- Cannot agree with the VM on this one…Red Light Cameras may be at the forefront with lawsuits and trouble for municipalities …TM Hoffman included the following story… http://www.palmbeachpost.com/news/state/crist-signs-florida-bill-legalizing-red-light-cameras-687354.html …http://www.thenewspaper.com/news/30/3006.asp

h. Traffic Lights – SE 15t” Street and A1A / (Commissioner Birute Ann Clottey

and Mayor Roseann Minuet)

BC- Have not seen Mayor “Minuet” in a while on an agenda…oops!… Looks like Clottey and Minnet are responding to a letter from the Bel Air Board for a traffic light …But it seems like deja-vu for this neighborhood…another letter was sent to the Commission from a Bel air resident saying the board did not speak for the majority of the neighbors and a traffic light is not wanted!… Looks like either another door to door survey or another town letter needs to be sent for the true desires of the Bel Air majority…Also was the the call for the Assumption light to be on demand for pedestrians…

i. Lifeguard Feasibility Study (Mayor Roseann Minnet)

BC- Mayor Minnet had a phone conversation on April 27, 29010 with Dr. John  Fletemeyer and discussed a proposal for a lifeguard feasibility study he was submitting , just as he will be conducting with Dr. Stephen Leatherman at Virginia Key Beach this summer. He conclude a similar study in Panama Beach …The objective was to provide an overview about the efficacy of lifeguards and will include a preliminary plan to establish lifeguard service in LBTS..it will focus in cos and funding issues identified by the Mayor during their last 2 phone conversations…He states he “significantly discounted the cost of the study after the Mayor made him aware of limited funding available and “the importance of moving this forward before there are more drownings.”.. The amt $3.400 to be completed in 90 days  with a progress report in 45 days and a power point presentation… Also included was the cost for the Virginia Beach  study which was $60,00!…Huh?….Will the Sentinel be sniffing this one out and make inquiry as to LBTS going toward lifeguards once again?… (prev. posts)… New majority…new Administration…will there be a recommendation and support for this?

j. Discussion regarding the Commission E-mail system (Commissioner Vincent)

BC- Comm. Vincent under “special notes”"I have attempted with great frustration to work with the system and it is not user-friendly and antiquated.” …Welcome to what then -Comm. Dodd frequently was attacked by the former majority and the former Administration for stating the same frustration, Comm. Vincent!… Same as above…new majority..new Administration..definitely new recommendation and support…(see TM progress report..prev. post 5/25/10 agenda)…

3. ADJOURNMENT

more to come….

Tags: Lauderdale By The Sea May 26 2010 Round Table Meeting, Scoops
Posted in LBTS Agendas/Meetings, Local Politics, Scoops, local government

WE SAW THIS COMING ….

TOWN OF LAUDERDALE-BY-THE-SEA

TOWN COMMISSION MEETING

TUESDAY, MAY 25, 2010

7 PM – JARVIS HALL

1. CALL TO ORDER, MAYOR ROSEANN MINNET

2. PLEDGE OF ALLEGIANCE TO THE FLAG

3. INVOCATION -Reverend George Hunsaker

4. ADDITIONS DELETIONS, DEFERRALS OF AGENDA ITEMS

BC- Hopefully there will be no additions this meeting and there will be no additions going forth unless they are time-sensitive …One go round on any additions…more than that…send it to the Round Table … No more = “Happy Campers”…due to shorter meetings/ no surprises!…

5. PRESENTATIONS

6. PUBLIC COMMENTS

7. PUBLIC SAFETY DISCUSSION

a. BSO Police Monthly Report -April 2010 (Chief Oscar Llerena)

BC- Employee of The Month  Deputy Charles Pickell and Deputy John Melbourne for working with  a witness and victim of a robbery with Ft. Laud. PD  in late March. The arrest of the suspect was for narcotics and warrants of the suspect along with solving 2 armed robberies in Ft. Lauderdale … The “Programs ” section of the report …BSO-ATV /Polaris hours primarily on the beach was 85 hrs…The camera surveillance system is being updated due to the recent move of the BSO office… Sgt Doug Brown is handling business/residential security surveys and overseeing the neighborhood crime watch program and organizes and conducts routine seminars…there are still 2 sex offenders residing within town limits Dep. Pickell continues to monitor this sex offender tracking program…crime down 17.5% ytd overall …”Happy Campers”…due to enhanced report from BSO and the job they are doing!…

b. VFD Fire Monthly Report -April 2010 (Chief Robert Perkins)

BC- 36 Reg in-Town members/24 Assoc. out of Town members…27 fire calls/76 “1st responder calls (medical calls)…8 fire drills/5 water drills/10 specialized training …Beach Patrol 120 total hours…station watch combined members (49) 2784 hrs…2nd Qrtly Employee of month Ryan Dussia…Specialized training was CPR course taught by Toby Young (one attendee Exec. Sec. Cheryl Louvaris/Aerial Ladder training by CFSA Instructor …various days w/ practical-classroom apparatus – course- members Chavez/Conn/Hopping/Johnson/Louvaris (Sr. back on the VFD- now that Colon is out?)/McGirr/ Padden/ Paine- Fire Marshal/Silverstone/ Stairs/ Tobaschus …total training hrs 687…avg. response time 4:03..”Happy Campers”…at the VFD  with no TM Colon/McIntee.. “Man Around Town” Award goes to VFD Fire Administrator Danny Chavez…This guy’s name is popping up all over the place…He’s the “go to guy” who is actually “breaking bread” and “mending fences” with those some of the higher- ups in the VFD still don’t respond to…Smooth operator, Chavez!

c. AMR EMS Monthly Report -April 2010 (Chief Brooke Liddle)

BC- o:03:26 response 97% of all calls… This writer received an e-mail on Sat. from an AMR employee stating that AMR successfully aided 2 serious medical calls concurrently on Sat. w/ VFD…Although I asked for the details…no return response on the incidents…But if this was accurate…those in need of aid from EMS services on Sat. were …”Happy Campers”!…

8. APPROVAL OF MINUTES

a. April 20, 2010 Special Meeting Minutes

b. April 26, 2010 Special Meeting Minutes

BC- OK who did the minutes?…They are clear…concise and well done!…If this is what is to be the norm…This writer will be a – “Happy Camper” …

9. CONSENT AGENDA

a. Application to use Jarvis Hall for a Fish Fry on Wednesday, October 6, 2010.

The event organizer is the Lauderdale-By-The-Sea Chamber of Commerce

(Interim Assistant Town Manager Bud Bentley)

BC- How great is this ….we heard there would be no fish fry this year…and if this is a go with no demands placed on the Chamber with the change of administration…the Chamber and the attendees will be- “Happy Campers”…

b. Closure of North Tradewinds Avenue for a neighborhood block party on

Saturday, June 5, 2010 from noon to 6:00 p.m. (Interim Assistant Town

Manager Bud Bentley)

BC- Ok did she or didn’t CIC Chair Liliana Pomareda turn in the $100 deposit required to process her block party?..It was said at the last Comm.meeting it was required before the Town went any further…This was added on agenda tie night of the Comm. meeting by Pomareda -CIC “galpal” “Clueless” Clottey and it went on far too long for a woman who wanted to get one more thing from the commission…(Pomareda got the public comment changed ..time and order… a $56,000 road re-pavement…parking signage…and wanted to add her block party to her long list of “gets”)…But it did not go as planned and was sent to staff..thus the $100 dep. requirement…No mention of it in the backup for this item…While Pomareda stated it was for 8 houses …staff says it is “24 homes that will be affected” ..they “anticipate BSO will want the west closure at the north end of West Tradewinds Avenue visible to northbound drivers.”…It also states “The Town Code does not provide a process for the closing of a local road and we are unaware of a policy or practice of requiring insurance coverage for a street closure of this type. In this case the applicant advises they do not want to purchase insurance as it would make this volunteer event cost prohibitive  for the residents….”Staff recommendation: 1.Approve the street closure as requested with condition the applicant follow the instructions of BSO as to location and physical means of closing the street/2.The applicant shall control block party activities so traffic from homes within the street closure area may safely enter and leave during the hours the street is closed/ 3.By Friday May 21, 201o, the applicant shall provide written notice to all homes affected by the proposed street closure and the street closing application will be considered by the Town Commission at its meeting of May 25, 2010. Documentation that the notices have been delivered shall be given to the Town prior to the Town prior to the May 25, 2010 Commission meeting (not in the backup)/4.We further recommend the Town Commission direct staff to prepare an amendment to the Town Code so local streets can be closed administratively for short periods of time. A street closure proposed as part of a special event application would continue to be considered by the Town Commission.”…Will Pomareda be a “Happy Camper”?…This writer is a “Happy Camper “..with Int. Asst. TM Bentley’s determination/recommendations on this subject…BUT…no $100 dep. or documentation from homeowners on the street…no block party!…

c. Special Event -Cooperative Feeding Program’s Beach Party on Monday,

July 26, 2010 (Interim Assistant Town Manager Bud Bentley)

BC- This applicant did it properly…unlike CIC-Chair Pomareda …$100 dep./ notarized and witnessed…making staff/Commission “Happy Campers”!…

d. Special Event -Wedding on July 10, 2010 at the Sea Watch Restaurant,

6002 N. Ocean Drive (Interim Assistant Town Manager Bud Bentley)

BC- Ditto for this applicant…which is why no special favors for Pomareda…Commissioners!…

10. ORDINANCES -PUBLIC COMMENTS

1. Ordinances 15t Reading

2. Ordinances 2nd Reading

11. RESOLUTION – “Public Comments”

12. QUASI JUDICIAL PUBLIC HEARINGS

13. COMMISSIONER COMMENTS

14. OLD BUSINESS

a. Commission approval to set Calendar from May through September 2010 to

schedule date and time for Fire Assessment, Budget and Trim workshops

and public hearings (Town Clerk June White)

BC- This is back after a little dais “tif” between the Town Clerk and the Town Mgr. …with an indignant June White stating “that’s how we always done it” to the gracious and patient new TM Hoffman…The Fires Assess/Cap. Assets meeting was to be at 5 pm on the 25th..no longer…The new calendar is the reason for this item…The cover letter from Hoffman states she met with the Finance Director and Town Clerk and are now proposing a new calendar They moved up the BSO budget to June 8th at Round Table meeting due to Clottey’s suggestion it be earlier and because the Asst. TM “did not think he could get quality work product done on the CIP by that date. CIP will be June 23rd…BSO sent preliminary figures last week but the numbers exceed the increase allowed by the Town’s contract with BSO (we knew this was coming ) …TM Hoffman “will be contacting BSO with a request for a budget proposal within the parameters of our agreement with them”…The Mgr. checked out VM Dodd’s request for a later start time for the meetings…and again the Town was informed it cannot be before 5:01pm…but allowable any time after…She and the staff are suggesting a 6 pm time …She enclosed a list of the “Budget Preparation Activity”..4-22 budget req. sent to all Dept. Heads/5-11 set budget schedule/5-25 Dept Heads Budget proposals due to Finance Dir./ 6-8 Budget Wkshop 5 pm Millage-Projected Fire Assess. Fee-BSO Budget/ June 23 Budget Wkshop at Com RTable 7 pm CIP-Other Major Budget ideas/ 6-30 to 7-1 Receipt of Assessed Valuation from Broward County Property Appraiser/7-13 Budget Presentation of TM’s Recommended Budget 6 pm wkshop/ 7-27 Special Hearing 6pm-Adopt proposed millage-Adopt proposed Fire Assessment Fee/ 9-13 Special Public Hearing 7 pm Adopt tentative Millage and Budget- Adopt Final Fire Assessment Fee/ 9-25 Special Public Hearing 6pm Adopt Final Millage- Adopt Final Budget…

Still need for the last 3 meetings to be at 7 pm for working people to be in attendance…”Happy Campers” for a 7 pm chance to voice their say…

NOTE to Town/Comm. please put justification sheets and changes made to  budget- etc… from meeting to meeting in the process available online for the duration !…

b. Commission review of RFP 10-03-01 for Audit Services and approval to

proceed with issuing it (Interim Town Manager Connie Hoffman) Deferred

at the April 13, 2010 Commission meeting by Vice Mayor Dodd -

Deferred at the Apri127, 2010 Commission meeting by Vice Mayor Dodd

BC- This was to address one of the biggest fiascos in the Colon “era” …with her preferred choice of Rachlin…1st by actions in 2008 and then by her 2009 RFQ (prev. posts) choice once more with her ” audit committee” again fro Rachlin…(A response from West Park after a PRR was made came last week with only the e-mails previously posted showing minimal involvement in the auditing commission process.).. TM Hoffman went back to the drawing board and we will put out an RFP …a revised draft using the desire of the Comm. for fees to be considered ..also by the time there is an Audit Committee the TM will have a summary page ready…The TAtty. has not yet reviewed the “substantial additions” made by Hoffman and that will be done before the meeting…Also she included a proposed schedule..5-25 Town Comm. decides on makeup and size of audit Committee/6-8 Town Comm. appoints members of audit committee and adopts Reso. outlining the committee’s responsibilities/ week of 6-14 Audit comm. meets to review RFP and set criteria/ RFP advertised-days following audit comm.mtg. – Deadline for RFP responses 7-14/ week of 7-12 staff reviews responses+ makes recommendations to audit comm./week of 7-19 Audit Comm. meets evaluates+ rank the proposals/7-27 Town Comm. reviews committee’s recommendations and selects highest ranks qualified firm or documents reasons for not selecting the highest rank qual. firm (req. by st. statue)/8-24 Town Comm. approves contract…audit would start a month later than normal, “but that is not a serious problem” it would still have final audit in March “which is far in advance of the statutory deadline for audit reports to be completed”…The State…Commission… Taxpayers are “Happy Campers” with the new TM’s RFP/ schedule and meeting st. statute requirements…

c. Report on the history of renting and attempting to sell the Town-owned

warehouse at 5421-23 NE 14t Avenue (Public Information Officer Steve

d’Oliveira)

BC- What’s up with having the PIO do this one?.. I have sent in a PRR after reading the backup for the materials used…there are many questions that come with the “answers”…Readers will recall that Colon/Olinzock pushed for a non-commission contract with bringing forth Advanced Assets to do the job at a low rate…What they did not reveal was the previous use of this company and the Realtor (does not even have a website)…The Comm. gave a 6 month time frame and then never received anything back from the terminated duo except for a runaround when pressed on it from time to time…d’Oliveira points out the 6 month agreement but states “Even though the contract had a written notation indicating the agreement was for six months, in reality it was effective for one year.”…On who’s authority?…It was to come back to the Comm…He adds what we already knew the bulk of showing were in the first 6 mos. and after that it was answering questions…The company invoiced the Town for $10, 625, “did not detail what was done to market the property” ..later the firm sent 4 “summarized work effort reports with details from July 17, 2008 ending in July 10, 2009. The consulting agreement with the Town proposed to list the property in local media print, websites and multiple listing services” with signs, brochures and showing the property…2x it was in Sentinel official notice in June 2008… also included was a Feb.11 2010 memo from Colon to Comms. stating they chose not to hire a Realtor (advised by her and JohnO) and staff would prepare an RFP if the Comm. wanted to now get a Realtor (too little, too late)..d’Oliveira states he watched the video and that no one knew there would be no MLS by not hiring a Realtor although the Mayor states the company will do so..(Again Colon/Olinzock should have come back and advised as soon as they knew fro further direction from the Comm.)..Steve looked into tax exemptions/leasing issues and what is stored there now… What is really a big question is d’Oliveira’s statement that the former TM recommended in Feb. a $175,000 reduction in the price..to the Comm. …I want to see when that happened!… The blunder of the terminated duo Colon/Olinzock again cost the Town…and made the “wash” of buying the crappy hotel a scam…The only thing to do now…keep the warehouse and rent space… no “Happy Campers” except the company that made a cool 10 grand!…

d. Video streaming and available enhancements to Granicus (Town Clerk June

White)

BC- We can have it..webcasting of all the meetings of MPSC/BOA/P & Z and have them archived with backup materials…We can also have minutemaker  if we have a trained Town Clerk like the one June White replaced…and we can have notices to the public when new info becomes available …I caution to take a pass on the Town Clerk’s take…get rid of her and get a qualified computer savvy clerk and there will be no need for a “deputy/office specialist” who can then follow her out the door!… “Happy Campers”…on both fronts an updated system and a new Town Clerk!…

15. NEW BUSINESS

a. Year to date FY09/10 General Fund Budget Analysis (Director of Finance and

Budget Kaola King)

BC- Comm. Sasser asked the Finance Dir. for a report with some changes from the ones we have seen in the past…Here it is…it shows a graft of the monthly revenues collected from Oct.-April for the Gen Fund $11,869.910 and it compared them to prior yrs… in 2009/10 as of 4/30 we have collected 81% of the budget…which is pretty much on par with prev. yrs. that range from 72% in 2007-08 to 82.2% in 2006-07 …She included the largest revenue sources..advalorem 90.67%…fire assess 91.24%. ..utility taxes 49.86%…franchise taxes52.20% ..intergovernmental 52.45% with commentary…Advalorem collection “surprisingly” is ahead of last yr…actual dollars collected are less because of maintained millage rate $800,000 less than last fiscal yr./ Utility rates increased so Town collecting more/Franchise taxes have not rec’d April’s  from FPL-Waste-Gas-Towing so #’s lower then when they close out/ Intergovernmental  state revenue is running close to budget, rec’e in timely manner…Expenditures Oct-April total $7,065,944.48 …compared to prev. yrs…on par ..2009-10 78.5% of Budgt…2006-07 74.2% ..2007-08 81.3%…Largest Gen. Fund Expenditures…Administration 60.23%…Town Atty. 43.22%…General 10.23%…Public Safety 57.77%…Municipal Services 54.85%..Commentary… Administration “Due to pay-out made to former Town Manager, the expenditures in Administration are running ahead of budget. A budget amendment whicch will require an appropriation from contingencies will be submutted for Commission approval now that inquiry into pay-out is completed.”

BC- Who says it is over?… Plus…Readers who look at the backup minutes for April 26, 2010 will see the Town might have had the option to pay the former TM in monthly pay-outs as well as not paying out a good portion of the monies that were not warranted for the pay-out! ..

Town Atty. “Bert J. Harris billings are running lower than projected but Commission meeting have been running longer, the addition of the Roundtable meetings and and a number of special meetings have contributed to attorney costs. Note: April invoices are not included and are expected to be significant.”

BC- Need new RFP for Town law firms …and a contracted agreement gong forth…soon there will be one Commission meeting and one Roundtable meeting…plus an Administration with dept. heads that will require less Atty. time…

Public Safety ” A large percentage difference is nothing to be concerned about due to the full, yearly contract amounts are encumbered at the beginning of the fiscal year and liquidated monthly.

Municipal Services ” The expenditures in Municipal Works are running ahead of budget due to projects expenses including it’s relocation to the Public Safety Complex, Jarvis Hall Improvements, lighting improvements, signage and replacing fixtures with energy conservation parts.”

BC- This was the “dog and pony show” of using these services to cover for the real costs involved with the crappy hotel renovations and moving  etc…

BC- It’s a start…but still want to know …what’s in the 11 Sun Trust Accts.?…and Why 11 Accts.?

b. Status Report on the Town’s preparation for dealing with the impact of the

Deep Water Horizon Oil Spill (Municipal Services Director Don Prince and

Interim Assistant Town Manager Bud Bentley)

BC- Prev. post of what came our way…since then Gov. Crist declared State of Emergency (Exec. Order)…The report shows they contacted Beach Raker, Grubbs and PBS&J advising what would be required by the Town if need be to assist in effort of oil spill…Grubbs/PBS&J on 24 hr. notice- Grubbs pre-positioned its equipment in area and ready to assist…Beach Raker monitoring situation wking w/ DEP

c. Discussion and/or action – opening of pier access alley (Mayor Roseann

Minnet)

BC- Included was the Feb 5, 2009 e-mil from then-Chen Engineer Shaun Bamforth JohnO to Dev. Dir. Bowman of requirements per Chen & Assoc. for alley to be opened …Right of Way permits from county…surveys…Design plans… This was brought up again at last meeting…With the 4th…and upcoming work to be done on drainage along with valet services…let’s get this going…forget the past Commissions part time opened and used …Get rid of beach access down the alley…it’s only 1 store away from the Pavilion entry to the beach…open it for full time access from Pier..no gates…no box …no problem…”stuck Pier customers …..”Happy Campers” with access from the alley!…

16. TOWN MANAGER REPORT

a. Report on payout to the former Town Manager

BC- previous post…

b. Pending assignments/projects list

BC- …. Great just great…the report begins with the status of ordinances…the Administrative issues…such as districts…Town technology- Granicus /outdated technology…Personnel Policies also outdated “issues revealed in Colon payout inquiry”…Budget…analysis of contingencies and reserves…Capital improvements…all the projects ( El Mar/A1A/ Strmwater+ bathrooms…Development issues …the man who was caught in a catch-22 in code changes…Events…July 4th/revisions to special events policy (see above consent agenda block party)/ Financial Matter ..Colon Payout-Internal Controls “Need direction from Commission whether an audit/ analysis of bank transactions is desired/ Banking Services Agreement “Need to review existing agreement and practices (i.e. multiple bank account) for efficiency & effectiveness….RFP for Audit Services …Cash Report…”Have gotten format that another city uses & will be preparing a similar report for LBTS… Other Action Items..Choice  “Bud has met with Comm. Sasser and w the Town Attorney to clarify issues. All 3 to meet next week to finalize issues to be discussed with Choice. Bud, TA & I met 5/20 to determine what solutions can be handled administratively & which require ord amendments. Bud to draft amendments…Use/ possible lease of warehouse ” PIO researched records and prepared report. Awaiting info from appraiser on approx. lease value…Traffic issues ..Imperial lane “Bud reviewed Town Engineer plan; may be some citizen opposition; Town Eng has recommended a stop sign in addition to temporary “choking” of the road; need County’s approval for trial implementation & will seek it…Speeding on Seagrape “BSO has scheduled periodic traffic enforcement”…Trial Valet Project”Meeting held on 5/17 with interested parties. Some disagreement on proposal. Staff indicated we would flesh out a trial period plan & bring it to the Commission Roundtable on 6/9 & for formal approval on 6/23…Open outlet from Pier pkg lot…”Bud met with owners regarding their interest & willingness to comply with traffic engineering requirements for safe access from alley..Completed Assignments…Jarvis Hall lighting..

BC- some items not on progress report should be on a TAtty. progress report such as Ethics /Code of Conduct which were campaign promises being held up by the constraints put on TAtty’s with payout inquiry…

17. TOWN ATTORNEY REPORT

a. Oil spill and the legal implications and recommendations on actions to take

now

BC- Questions and answers about ho we can sue..if we can be compensated for loss of tourism and loss of income/profit-yes…How you prove it…submitting a claim…no cap on monies spent for clean-up..cap for off-shore wells..$75 million..Congress considering raising cap by $10 mil./ it will be challenged..if retroactive as desired… Where it would be filed …either federal or state court… Oil Spill Liability Trust Fund  http://www.uscg.mil/npfc/About_NPFC/osltf.asp …What the DEP is doing (see above item + prev. post)…

Weiss, Serota recommend Immediate contact and coordination made with the applicable FDEP District Office/Immediate implementation of stringent record keeping on city/county since future reimbursement of expenditures will be dependent on these records/Obtain necessary forms/programs in order to make reimbursement requests under initial BP grant.

BC-Records…maybe we have a fighting chance under Hoffman-Bentley!…

BC- Town Atty.needs to do a similar progress report as the TM has done…

18. ADJOURNMENT

Public welcome.in Jarvis Hall ..on Comcast Ch. 78…Town website http://lbts.granicus.com/ViewPublisher.php?view_id=2

more to come…

Tags: Lauderdale By The Sea May 25 2010 Regular Commission Meeting Agenda, Scoops
Posted in LBTS Agendas/Meetings, Local Politics, Public Safety, Scoops, VFD, local government

LBTS-BSO- WERE ON THE RUN…CAUGHT THEIR GUY…WITH K-9s…

Dear Readers… The calls began with Editor Mark Brown stuck in traffic on A1A and seeing helicopters …BSO and K9s …Then we heard the Commissioners were contacted by the Town Manager  …what a difference a TM makes…..Other calls and texts followed from residents as the event continued  and A1A was shut down…… This writer e-mailed  Chief Llerena who was on scene with Lt. Cedeno and other Town deputies… After the incident I received the following response…
FW: Media Incident Alert
Friday, May 21, 2010 5:23 PM
From:
“LLerena, Oscar”

To:
“Barbara Cole”

Hi Barbara,

It will be a bit until we get the paperwork together, but basically there was a shooting in Pompano. The suspects fled southbound on A1A. Deputy Friedrich saw the vehicle speeding down A1A and conducted a traffic stop. The suspects bailed out and fled. Jason was able to tackle one and take him into custody. BSO LBTS with the assistance of BSO Pompano set up a perimeter. BSO Aviation, K-9 and SWAT responded to track the suspect. The suspect was located and successfully apprehended. All suspects are in custody. AMR and VFD responded to the scene to assist in treating one suspect who was injured while we took him into custody.

Due to the seriousness of the crime, A1A was shut down for a while.

Below is the BSO media notification.

Chief Oscar Llerena
Lauderdale-by-the-Sea District
Broward Sheriff’s Office
(954) 491-3920 Office

Please note that Florida has a broad public records law, and that all correspondence sent to me via email may be subject to disclosure.

From: bso_media_relations@sheriff.org [mailto:bso_media_relations@sheriff.org]
Sent: Friday, May 21, 2010 4:04 PM
To: LLerena, Oscar
Subject: Media Incident Alert

The BSO Office of Media Relations is currently working a developing incident regarding a shooting suspect in custody located at: 1967 S. Ocean Dr., LBTS.

Public Information officer Mike Jachles & Jim Leljedal is currently gathering the details. Here’s what we know so far:

At 2:54 pm a man was shot & badly wounded at 125 N. Riverside Dr in Pompano Beach . Suspects fled south on A1A. BSO stopped the vehicle, took one in custody, one fled on foot. Suspect is presumed armed & dangerous. Perimeter set up and K-9 & BSO chopper. CP at 19 St. & A1A.

The second suspect from the shooting at 2:54 pm was caught, hiding in bushes, at 3:55 pm near 1967 S. Ocean Dr. in LBTS. The manhunt ended successfully.

A BSO public information officer will be on scene at approximately: 4:00 PM.

This information should be considered preliminary, and as with any developing situation, the details may change.

………………….

LBTS VFD & AMR were on scene as well and aided the suspect who was “chewed up a bit” by the K9s!…

……………………….

Saturday May 22, 2010 on BSO Site….

POMPANO BEACH SHOOTING VICTIM DIES IN HOSPITAL

BSO Case Number: PB10-05-6411
PIO Number: 10-5-16
Date: 5/21/10
Time: 2:53 p.m. Jurisdiction: Pompano Beach
Place of Occurrence: around the 500 block of N. Riverside Dr., Pompano Beach

Victim(s):

* Stephen Langsford, 25, male, 11/19/84, Liberty Street, Baltimore, MD (DECEASED)

Suspect(s):

* Badi Burgos, 24, male, 1/27/86, 5831 NE 2nd Terrace, OP (IN CUSTODY)
* Drew Betterly, 20, male, 10/13/89, 5272 NE 6 Ave., OP (IN CUSTODY)

Description of Incident:

A drug deal gone bad led to a shooting that ended the life of a Maryland man Friday afternoon in Pompano Beach.

Just before 3 p.m. on May 21 a man ran into the lobby of the Sands Harbor Resort and Marina located at 125 N. Riverside Drive in Pompano Beach, suffering from a gunshot wound. Hotel employees called 911 and Pompano Beach Fire Rescue transported the 25-year-old victim, Stephen Langsford to North Broward Medical Center. As units responded to the emergency call, a BSO deputy on patrol in Lauderdale-by-the-Sea noticed a vehicle traveling at a high rate of speed heading southbound on A1A. The deputy conducted a traffic stop in the 1900 block of A1A, but once the vehicle came to a stop the passenger fled the scene on foot.

Backup deputies quickly established a perimeter as BSO K-9 and chopper searched for the fleeing suspect. The man, identified as 24-year-old Badi Burgos, was found hiding in the bushes near a church in the 1900 block of S. Ocean Drive in Lauderdale-by-the-Sea. A firearm was found nearby. The driver of the vehicle, 20-year-old Drew Betterly, was taken into custody without incident.

Langsford later succumbed to his injuries and was pronounced dead at the hospital.
BSO Homicide detectives say Langsford came to South Florida to make a drug deal. Langsford got into the suspect’s vehicle to conduct a transaction involving prescription drug medications. He was shot inside the vehicle.

Both Burgos and Betterly have been booked into the BSO Main Jail facing a charge of felony murder in the 1st degree.

INVESTIGATORS: Dets. Duggan & Torres, CID Homicide; PBFR; BSO Crime Scene; K-9 & Aviation
THIS REPORT BY: Keyla Concepcion/PIO 5/22/10 2100

http://www.sheriff.org/about_bso/admin/media/newsdetails.cfm?pk=3112&sType=M

Thanks to Mark Brown who was covering the story from the ground for the photos…

more to come…

Tags: Lauderdale By The Sea BSO Captures Homicide Suspect May 21 2010, Scoops
Posted in Public Safety, Scoops

WHAT A STAFF …

Dear Readers ….You just can’t make this stuff up… Hot on the heels of the “Detailed Report” in the previous post that showed the substandard staff the Town had in place under the former Town Manager and the major blunders that cost the taxpayers in paying out monies in excess of what terminated Town Manager Esther Colon was entitled to…as well as past payments to the Florida Retirement System for her and possibly insurance benefits to other employees ….we find the following memos…

On May 18, 2010 Interim Town Manager Hoffman sent a memo to the Commission.. stating it was a memo from the former Town Manager

“FYI:  We found this memo to you from former Town Manager, Esther Colon, in a pile of items to be filed in the Human Resources Office.”

Below is the e-mail from Colon…

“April 20, 2010

To: Town Commission, Town of Lauderdale -By-The-Sea

Via June White, Town Clerk, Town of Lauderdale-By-The-Sea

As per Section 5.0 of my employment agreement with the Town of Lauderdale-By-The-Sea, upon receipt of written unilateral termination and vote by the Town Commission, I have surrendered  all Town property to the Town Clerk and Human Resource Manager as required.

My tenure with the Town has been rewarding. I want to thank the Town residents and elected officials for their support and for giving me the opportunity to serve this community. Most of all, I wish to express my sincere respect and admiration for all the loyal hardworking staff I have had the privilege and pleasure to work with. I will truly miss you.

Respectfully submitted:

Esther Colon

Town of Lauderdale-By-The Sea

cc John Olinzock, Assistant

Town Attorney

Kathy O’Brien, Human Resource Manager

Received by: Town Clerk, June White on:________________ Date & Time

Witness __________”

BC- You see, you can’t make this stuff up…The former Town Manager states it has been rewarding…Yep, $69,308.62 …that was quite rewarding…Colon writes ” Most of all, I wish to express my sincere respect and admiration for all the loyal hardworking staff I have had the privilege and pleasure to work with. I will truly miss you.”…As Colon left, her staff … “Galpal” HR/Risk Mgr. Kathy O’Brien who majorly screwed up according to the “Detailed Report” either on her own or under Colon’s direction…could not even properly file Colon’s parting letter!…And Town Clerk White who was to sign it and distribute it could not manage to follow through either!…Why are we not surprised…

A look at the backup for the May 25th meeting under Town Manager Report should make all taxpayers, residents and businesses in LBTS know we are on the right track now… Take a look at the list of what is being done…and what is needed to get the Town up to par …finally …by a qualified person with the credentials to be Town Manager to see to the Town’s business is being prioritized and organized without going off into left field to play politics or cover-up for decisions made without the direction or knowledge of the Commission …

more to come……

Tags: Lauderdale By The Sea Former Town Manger Colon's Farewell Letter Left In A Pile, Scoops
Posted in Local Politics, Scoops, local government

$$$$$$$$$$$$$$$$ ……

Dear Readers… For the Commission meeting on Tuesday May 25, 2010 Interim Town Manager Connie Hoffman provided the Commission with a  Summary of  her 4 week inquiry into the payouts made to former Town Manager Esther Colon…

She states it is now “essentially complete”  and that “the issues of the payout were complex and due to other Town business limiting her time it required her to engage the services of an experienced municipal finance professional to analyze the leave accruals, review personnel files of many employees with regard to prior actions and precedents, examine and extract data from payroll records, etc”…Ms. Hoffman then looked into “the development of Colon’s contract, reviewed minutes and did other research.” She interviewed HR/Risk Manager Kathy O’Brien to get her explanations. Ms. Hoffman consulted throughout her inquiry with the Town Attorney Susan Trevarthen and the Labor Attorney in the Town’s law firm as well…She ended her opening to the Commission by stating the Town Attorney Susan Trevarthen reviewed the “Detailed Report” and ‘concurs with the conclusions reached.”…

Below portions of the contents of the Interim Town Manager’s “Summary Of Findings” and the “Detailed Report On Issues Relating To Esther Colon” with commentary…

SALARY…BASE OR NO BASIS?….

Summary-1.Former Town Manager Esther Colon “received 5 separate deposits in the payroll that was processed for the pay period ending April 23, 2010.  One deposit was for her normal biweekly wages. Excluding  her wages for that pay period (Deposit #1), Colon’s final payout in terms of gross compensation was $296, 188.33 and was made in four separate deposits as follows:”

A. Deposit #2 in the gross amount $169,276.84… was comprised of three calculations

a. $169,541.94 -one year’s severance pay

BC- In the “Detailed Report” (pg. 8-9) it shows that Colon took a %5 increase in 2007/2008 ($146,743.00-$152,172.45) and a 5.5% increase in 2008/2009  ($152,172.45-$160,542.03) despite no record of any approval from the Commission’s at the time approving a COLA increase for herself or staff …A look at some Public Records Requests for Department Heads show they too received the increases… The Commissions did not take increases for those years or the following year 2009/2010 when Colon took no increase ..only 2.5% to “line employees”…

Summary- Analysis – Colon’s contract provided for one years severance pay…That amount was $160,541.84 according to the contract

JOBBING THE DEFERRED COMPENSATION….

b. was also received $7,499.96 for one year’s worth deferred compensation ..Town Manager Hoffman and the Town Attorney concurred the contract does not include this along with the salary… An interview with Human Resources/Risk Manager Kathy O’Brien (who we hear has been on paid leave soon after the termination of former Asst. Town Manager /Interim Town Manager Olinzock and the hiring of Interim Town Manager Hoffman) “indicates that O’Brien thought deferred compensation was part of the salary.”

BC- In the “Detailed Report” (pg. 2) “In looking back at the payroll records for Ms. Colon, we determined that she received direct compensation for what was supposed to be the Town’s contribution to her deferred compensation in the amount of $288.46 bi-weekly, beginning with the pay period ending 5/4/2007 and continued through April 2010. Colon did make voluntary contributions to deferred compensation that more than offset that amount, but the way this was handled was neither consistent with the terms of her contract, nor the way a municipality’s contributions to a deferred compensation account are normally handled. The impact of paying the deferred compensation directly to Colon is that it inflated her income for the calculation of her retirement benefits under the Florida Retirement System, and it increased the Town’s contributions to the Florida Retirement System.”

BC- This is only the beginning of problems that arose from HR/Risk Manager O’Brien …not too surprising after this writer obtained her Employment Agreements (future post) that did not include any Employment Agreement for promotion to this position and has been requested again today..)…

PAID FOR HOURS AFTER TERMINATION….

Summary-c. Colon received wages for April 26 and April 27th 2010

BC- Ms. Colon was terminated on April 20, 2010 and received wages for the 26th & 27th?….

WHO NEEDS A VACATION ….

Summary-Analysis-Deposit #3 in the gross amount of $41,479. 25 was noted by HR/Risk Manager O’Brien as compensation for 537.41 accumulated vacation leave at a correct hourly wage  …but “The net impact of our findings on vacation leave indicates an overpayment of $18,593.56 was made to Ms. Colon for accumulated vacation leave”… “Ms. Colon accrued 20 annual leave days per year since being appointed Town Manager, when she was only authorized by the Personnel Policy Manual to accrue 10 days per year. As a result, Colon was compensated for more than 200 hours of vacation leave in her final payout than she was entitled to accrue.”

BC- The error “appears” to have been made by..you guessed it HR/Risk Manager Kathy O’Brien who “failed to reset the accrual rate for the Town Manager position in the ADP payroll system when Colon was appointed to the position, so she (Colon) accrued her vacation time at a higher rate that had been authorized for the previous Town Manager (Baldwin)…The Interim Town Manager states later (pg. 4) in the “Detailed Report” ..”It is difficult to understand how neither O’Brien nor Colon realized over a three year period that the accrual rate was double what it should have been”..Also while Colon was below the cap for pre-Town Manager hrs…(141.10 hrs.)…documentation of the Town records show discrepancies with leave slips and time sheets when compared to the ADP payroll system…those discrepancies needed to be discussed with O’Brien and the consultant felt they were not significant after her explanations were found satisfactory…

TAKING LOTS OF VITAMIN C…..

Summary-Deposit #4 was in the gross amount of $56,293.88 and noted by HR/Risk Manager O’Brien to be for 729.35 hours of accumulated sick leave at her full hourly rate…”In other words, Colon was compensated for 100% of her accumulated sick leave.”…

Summary-Analysis- “We have determined Ms. Colon was overcompensated for accrued sick leave by $43,215.10″..Interim Town Manager Hoffman stated the 1st issue was Colon was allowed to accumulate more sick leave than the Town’s Personnel Policy Manual allowed before becoming Town Manager because …HR/Risk Manager Kathy O’Brien’s “incorrect interpretation” that the sick cap was not to be applied to sick leave accruals, but only to the payout of sick leave upon separation from Town service. “…When Colon became Town Manager her 480 hr. cap imposed on other employees (per manual) would not apply to her ..(due to 10.1 in her contract…prev. posts..”no cap”)”therefore , the HR/Risk Manager paid her for all accumulated sick leave.”…The Town Attorney and the Interim Town Manager agreed that Colon was subject to the cap prior to her appointment as Town Manager….Interim Town Manager Hoffman then states “the sick leave accruals were overstated at the time of her appointment and, as a result, at the time of her dismissal”…

BC- in the “Detailed Record”… (pg. 2)  it states that in the last payroll (5/20/07)before her Town Manager appointment (5/24/07) she was over the cap (480)by 47.85 hrs… and had 527.85 hrs. of accumulated sick leave …The Interim Town Manager and Town Attorney concur that her accrual should have been reset to 480 with her appointment to Town Manager and the 47.85 hrs should have been removed… (pg. 5) also states “sick leave accruals were not accurately tracked for Colon in the ADP system for the period June 2007 thru April 200 When Colon questioned the accuracy of her accruals in 2009, reconciliation was done by the HR/Risk Manager and a retroactive adjustment of +272.15 sick leave hours was made in May 2009.” The consultant looked into it and while the adjustment was correct it was still wrong due to the starting figure being over the cap….Again, just as the inquiry found with the vacation leave  (pg 6) there were discrepancies when comparing leave slips/ time sheets to the ADP system…time sheets/ leave slips was not always properly updated in ADP…in this case the former Town Manager was not credited with 3.7 hrs of sick leave..Colon’s” accumulated sick leave total at the time of her termination should have been 677.80 hrs , not 729.35 hrs.”

WHY NOT ROUND IT OFF TO 100%….

Also, in the summary was the issue of Colon being compensated at 100% of her accrued sick leave in her final payout instead of the Personnel Policy Manual’s 25%..it was incorrect..

BC- in the “Detailed Report”… (pg 6) it states “Section 10.3 of Colon’s contract provides that “she shall accumulate sick leave as provided under the rules and regulations for other managerial employees of the Town, including payout for unused sick leave upon termination.”…Once again (running theme here…folks) HR/Risk Manager (Colon “Galpal”) Kathy O’Brien screwed up by stating she thought the Commission and the Town Attorney’s wanted her to follow section 5 of Colon’s contract and she did not “consider” other sections of the agreement (10. section) or the Personnel Policy Manual in her calculations…She also stated (pg.7) that she did not notice in Colon’s contract that there was no “all” before  the sick leave payout as there was for the vacation leave subsection…The Interim Town Manager and Town Attorney agreed that the sick leave payout for Colon should have been at the 25% and Colon should have been paid $13,078.78 not $56,293.88…Colon was overpaid by $43, 215.10 for sick leave…

WHAT ARE MENTORS FOR IF NOT FOR $$$$$$$……

Summary-Deposit #5 in the gross amount of $29,138.36 was for 377.53 hrs of compensation time at the rate of $77.1836 per hr. …It states Colon’s contract provides for “an amount for accrued compensatory time accrued prior to appointment as Town Manager.”

Summary-Analysis-”The payout for her accumulated comp time was provided in her contract and was calculated at Ms. Colon’s ending hourly rate.”

BC- In the “Detailed Report” (pg. 7) it states they “checked the Town’s files and determined Colon received written approval from the previous Town Manager Bob Baldwin to book 377.52 hours of compensatory time on April 20, 2007, days before the effective date of her appointment as Town Manager. “…It goes on to state there was a memo from Colon to Baldwin where she stated she had accrued time from Oct. 2001-April 20, 2007and attached a detailed accounting of the comp time by pay period for 6 yrs….it showed “she routinely took and added to her comp time a “bank” during those six years. However, none of that comp time was documented in the ADP payroll system as the ADP accrual Report For Active Employees for the pay period ending March 23, 2007 indicates a zero balance for comp time for Ms. Colon.”… The Personnel Policy Manual gives the Town Manager  (sec. 4) “the authority to grant compensatory time off to “administrative and professional employees who work more hours than the standard work week established for their position.” …That means the Town Manager (Baldwin) could authorize time off, not payment for those hours….According to the Interim Town Manager since the former Commission approved Colon’s contract with that subsection for compensation the Town is obligated …It goes on to state the Manual for comp time for professional employees needs to be revised…This writer respectfully disagree with the  “obligation” of the payout…and agrees with an overhaul for the whole Policy manual including this…

COLON SITTING PRETTY WITH NO DIRECTION FROM TWO COMMISSIONS….

Summary-2. “Colon’s Salary at time of termination- Colon’s salary was increased twice since it was set at the time of her appointment as Town Manager by cost of living adjustments granted to all employees in the budget.”

Summary-Analysis- “These raises were consistent with cost of living adjustments given other employees at the same time. The Town Commission did not specifically vote to give those raises to Ms. Colon, but it appears that, historically, approval of the budget which contained funds for cost of living adjustments was considered to be authorization by the staff to process a salary increase for the Town Manager.”

BC- In the “Detailed Report” (pg.  8 – 9) as previously posted above the Town Manager  and her staff took a 5% increase in 2007-08/ and a 5.5% increase in 2008-09 without the direction or approval of the Town Commission!… This is akin to the former Town Manager’s practice with the Auditors in 2008 (prev. posts) when she “informed” the new Commission of her extending the agreement with Rachlin for 3 yrs (giving them old backup, while in receipt of the new $200,000+ price tag) while sending the Auditor’s a signed letter stating the Commission approved it… (she should have been terminated then)… It was quite shocking to read this portion of the report and reminded this writer of the former Town Manager’s antics regarding her contract when Readers will recall (sorry to use the standard “red flag” Colon line) last year the Town Manager “waxing on” about a 2,5% increase for her employees with the implication they had not seen a raise in a long time …(the cuts and 30-hr. employees “blarney”) …as Colon added top staff would forgo theirs…Now we know why…(salaries for her Loyal “Peter Principal” Staff to come in future post)…While it is not recommended to get payment back from Colon..this writer believes this too should be repaid by her and other employees she overpaid …

COLON’S PARTING SHOT AT LBTS ….

Summary-3.  “Pre-payment of Benefits- Colon directed that deductions be made from her severance payout to prepay two years of premiums for health insurance, vision care, dental insurance, life insurance , and disability insurance.”

Summary-Analysis- “This issue is still under review by the Town Attorney and is discussed more detail in the full report.

BC- In the “Detailed Report” (pg. 9-10) the Interim Town Manager states this is “rather complicated”… “The ADP payroll sheets show a voluntary deduction from Colon’s severance deposit of $10,626 to cover 24 months of health insurance at a single coverage rate of $444.75/month, $208.08 for dental coverage which is only sufficient for 18 months (at 11.17/month for Dental coverage), $110.16 for 24 months of vision coverage at a rate of $4.59 a month, and $825.60 for two years of life insurance at the current rate of $34.40 per month. ”

“Colon requested in a letter dated April 20, 2010 (the day she was terminated) to the HR/Risk Manager that two years of health, lie, dental and vision insurance premiums be withheld from her final check for health, life, dental and vision coverage. She states in that letter that she was providing her Florida Retirement System documents to Ms. O’Brien under a separate cover and, “Therefore, I am requesting the same coverages afforded all other FRS retired employees” she notes that “Upon notice of any change in premiums from the Town I will remit any funds due to the Town before the premiums are due.” In another document she submitted on the day she was terminated, Colon states “my effective retirement date is June 25, 2010 at 5:01 pm.” (She was terminated April 20, 2010)…

It went on to state …”The HR/Risk Manager confirms Ms. Colon gave her application for retirement, but those files cannot be found. We  have advised Ms. Colon in writing that her retirement application papers cannot be found and advised her to resubmit them.”

“Retired employees are allowed “the option of continuing the Florida Municipal Heath Trust Fund Insurance Plan at their own expense.” according to Town Resolution No. 1222 adopted in January 1994. There is no policy, however, that provides for the continuation of life insurance benefits or disability benefits for any employees after the leave the Town’s employ.”

BC- It gets worse…in a meeting with Kathy O’Brien “she indicated there was a precedent for allowing an employee to prepay various insurances upon separation fro the Town”…O’Brien also “clarified that she determines an employee is a retiree “when they fill out the paperwork.”

Interim Town Manager Hoffman stated the following “There are several issues here- whether Colon should be considered a retiree, whether the Town has been incorrectly applying the 1994 resolution by allowing individuals to continue benefits beyond specific health insurance referenced in that resolution, how we have handled other employees in similar situations.”

BC- So which is it?…Was Colon terminated and entitled to severance… or…did she retire and therefore is not entitled to severance?…. According to the “Detailed Report”… “Colon requested in a letter dated April 20, 2010 (the day she was terminated) to the HR/Risk Manager my effective retirement date is June 25, 2010 at 5:01 pm.”…According to HR/Risk Manager Kathy O’Brien “clarified that she determines an employee is a retiree “when they fill out the paperwork.” … If there is some possible way to get retirement dated after you are terminated how does Colon get to the June 25, 2010 5:01 retirement she stated without using a “BANK” of her accrued leave days?…The “Detailed Report” shows she was paid for”ALL”…This portion of the “Detailed Report” along with the overpayment to the Florida Retirement System should be fully investigated for she may owe much more than $69,308.62 to LBTS with this and the COLA increases not voted for by the two Commissions and the Compensation collected when there should have been no pay involved for that type of compensation and her comp. time showed zero….

BC- in prev/ future posts this writer will reveal the “Do as I say, not as I do” Employment Agreements former Town Managers Bob Baldwin and Esther Colon gave their “At Will” Employees … which will surely show “how we have handled other employees in similar situations.”… (Wake up “Loyal” employees)….OUCH!…

Summary-The Interim Town Manager finished by stating despite the need to have further research into this …she did not want to hold up the rest of the inquiry information being presented…

The Summary ended with a “Table” showing the over payments … $7,499.96+$18,593.56+ $43,215.10=$69,308.62 …which was followed by Ms. Hoffman stating “If the Commission concurs with the findings it is recommended the Town Manager and Town Attorney be authorized to request the return of the over payments documented above from Ms. Colon.”

THE “DIRTY LITTLE SECRET” CONTINUES…

In the “Detailed Report (pg. 10) “Salary Rate On Which Payouts Were Based ” “It is the Town Attorney’s opinion that the payouts for comp time, accrued vacation, and sick leave should have been calculated on the basis of or her rate of pay on her termination since there were no specific provisions in her contract dictating otherwise. The Town has historically made such payments on the rate of pay at the time of the employee’s separation from Town service.”

BC- In previous posts beginning with the day of Colon’s termination this writer has written about this “dirty little secret” of getting accrued payouts at inflated dollars upon leaving employment in municipalities!… The Commission has to put a stop to accrued hours both vacation and sick rolling over to the following years and being paid out at top dollar upon the employee’s departure from LBTS!….

WHAT ABOUT THE COLON “LOYALISTS”…..

BC- Why no input from Interim Town Manager John Olinzock? …Town Attorney Trevarthen included in her Public Records Request letter  dated April 23, 2010 (pg. 2) that Olinzock  “assured me that the payout was properly calculated, and that you personally authorized and checked the validity of the payout documentation on Wednesday morning.”..The letter included the questions that have been answered above concerning sick leave and the rules and regulations for other managerial employees. …It also stated that being advised orally of the number of hours of sick time paid out without the calculation of that number to reflect the amount due under the rules and regulations (Personnel Policy Manual) and not being advised of the net dollar value of any of the components of the payout left the Town Attorney unable to do the job the Commission directed them to do….

What is not discussed but needs to be is any charges made against former Interim Town Manager/ former Asst. Town Manager John Olinzock for the role he played in the distribution along with HR/Risk  Manager Kathy O’Brien and Director of Finance Kaola King … (more on what their own Employment Agreements contain to come) stupidity and being put in a job above your abilities by the recipient of these over payments  (in this writer’s opinion) should not lead to a simple parting of the ways termination with no accountability for actions made while employed by the Town in that position…

While we’re at it ..what about former Town Manager Bob Baldwin…What did the payout documents show for his $150,000+?  According the now infamous HR/Risk Manager O’Brien, Baldwin did receive compensation for the 10 weeks he was in Lake Worth according to her July 2009 memo to the Commissioners  …(prev. posts)….Baldwin made statements to By The Sea Future Editor Mark Brown he did not receive and was not entitled to compensation for his “unpaid leave” while consulting per his contract…… If the Town Manager and the Town Attorney find that he was compensated….they should be directed to get those funds returned as well…It is also this writer’s opinion that Baldwin had a big hand in all this in the background and his protestations, simmering anger and disbelief of being pulled into the Colon situation were veiled at best!…

When looking into a new Town law firm as the Commission must do after they hire a permanent Town Manager …leave the former Town Attorney off the list!…He too had a hand in the contract (prev. post) and he too did the town a great disservice by remaining mute on the dais May 22, 2007 …. and allowing the misrepresentation of the Colon contract to be presented to the taxpayers, and residents he still served as Town Attorney …

In conclusion…the Commission needs to give the go ahead…to proceed on the recovery of all funds owed to the Town and to look into any criminal charges as well….Give the green light to Ms. Hoffman to start cleaning house …in order to provide the taxpayers…residents and businesses with the qualified personnel firmly positioned in the Department Head and staff positions …and to offer all employees what is rightfully theirs per a much needed newly revised  LBTS Personnel Policy Manual…

Kudos to Ms. Hoffman ….for what she has accomplished thus far in 4 short weeks …Thank you for the transparency …. I know there will be more to come…. as this moves forward upon further direction from this Commission…

STILL GUNG HO?…..

What’s “Clueless” Clottey, and her diminished “Gang” think now?…Hmmmm………..

more to come ……

Tags: 308.62 When Terminated, Lauderdale By The Sea Detailed Report On Issues Relating To Esther Colon's Payout, Lauderdale By The Sea Former Town Manager Colon Overpaid By $69, Lauderdale By The Sea Interim Town Manager Connie Hoffman Completes Inquiry Into Former Town Manager's Payout, Scoops
Posted in LBTS Agendas/Meetings, Local Politics, Scoops, local government

Dear Readers … We hear the VFD has been busy with 2 fires in the last 2 days …”smoke showing” …at 4900 N. Ocean (Sea Ranch Club C) yesterday on the 7th floor and in the 1900 block of  S. Ocean  today…… No word on the extent of the damage… We hear all trucks were on scene at the 4900 call …

……………..

TAR BALLS  COMING TO  LBTS?…..

Yesterday Congressman Klein had a conference call on the oil spill potential impact with Commissioners … after  sending  e-mails the day before on May 18th….

“Subject: Call With Congressman Klein

Dear Friends,

Many of you have contacted our office with questions and concerns about the oil spill in the Gulf. In order to provide you with the latest information and to discuss how we can be prepared for the potential impact on our shorelines, I’d like to invite you to participate in a conference call with Congressman Klein tomorrow afternoon at 3:30pm. The phone number and access codes required to dial in are below. Please let me know if you have any questions. We hope to hear from you tomorrow.

Thanks!

Rebecca”

Also …
Int. Asst. TM Bud Bentley will also be attending a meeting on Thursday, May 20th sponsored by Hollywood Fire Dept. regarding – preparation and planning for the oil spill to which EOC Reps and City Managers have been invited and Mayor Minnet will be attending a Coastal Cities Mayors meeting sponsored by Ken Keechl on Friday, May 21st…..
…………….

And more on the oil spill front…

PRESS RELEASE FROM GOV. CRIST …

(BC- No direct links…sorry need to paste and click to get there….)
“CHARLIE CRIST SECRETARY ……….. MICHAEL W. SOLE DAVID HALSTEAD
Governor Florida Department of Environmental Protection State Coordinating Officer
MEDIA ADVISORY: TUESDAY, MAY 18, 2010
CONTACT: PUBLIC INFORMATION (ESF 14): (850) 921-0217
FLORIDA DEEPWATER HORIZON RESPONSE MAY 18, 2010
TALLAHASSEE – Under the leadership of Governor Charlie Crist, the State Emergency Response Team and the Department of Environmental Protection (DEP) are actively coordinating and responding to the Deepwater Horizon incident.
The following is a summary of state and BP response actions to date, as well as tips for residents and visitors to take precautions both pre- and post-landfall.
Landfall Predictions: The State Emergency Operations Center is aware of and has been fully briefed on the report of tar balls being found in the Keys. The Coast Guard has sent the tar balls for analysis to determine if they are related to the Deepwater Horizon oil spill.
It should be noted that in 2008 and 2009 there were 667 and 681 reports respectively of oil and petroleum incidents along Florida’s waterways and beaches so these types of occurrences are not as unusual as one might think.
It is important that residents, visitors and especially the media await confirmation of the testing on these tar balls before assuming where they came from. Deepwater Horizon continues to discharge an estimated 5,000 barrels (210,000 gallons) per day. BP continues to evaluate numerous options to contain the oil discharge and is continuing efforts to drill a relief well. Winds/currents continue to keep the plume away from the Florida coast for at least the next 72 hours. Florida continues to monitor the location of the loop current and make preparations to safeguard the state’s shoreline. The National Oceanic and Atmospheric Administration (NOAA) is the lead monitoring agency and at this time has not confirmed whether the oil has entered the loop current. Floridians and visitors are reminded that the state’s beaches and other attractions remain open for public enjoyment. Impacts to Florida’s coastline could include tar balls, oil sheen or tar mats. Should individuals observe oil on Florida’s coastline, report the incident to BP’s hotline 1-866-448-5816, or the State Warning Point at 1-877-2-SAVE-FL (1-877-272-8335), or by dialing #DEP from any wireless device. BP has opened six claims offices in Florida and expects to open an additional office later this week.
Walk-ins are welcomed. BP asks that calls be made to the claims hotline in advance at 1-800-440-0858 to expedite the process. After the initial call, a claims adjuster is estimated to call back in 48 to 72 hours.
State Actions: The State Emergency Operations Center remains activated at a Level 2 or Partial activation.
On May 17, 2010, Governor Charlie Crist announced that BP will provide Florida an additional $25 million for a national tourism advertising campaign. These funds are in addition to the $25 million Florida has already received for preparation efforts. On May 14, 2010, Governor Charlie Crist announced that the U.S. Small Business Administration (SBA) approved disaster loan funds for businesses along Florida’s Gulf coast that have been impacted by the Deepwater Horizon incident. (Press Release) Learn more at: http://www.sba.gov/services/disasterassistance/. Businesses and individuals can now submit Innovative Technology Ideas, suggestions, or products by completing the following information: http://www.dep.state.fl.us/deepwaterhorizon/files/inno_tech_evaluation.pdf.
Send the completed form and any other supporting documentation to Innovative.Technology@dep.state.fl.us. On May 12, 2010, Governor Charlie Crist directed DEP to issue an Emergency Final Order to accelerate preparedness and restoration in the 19 coastal counties under the Governor’s state-of-emergency Executive Orders.
Government entities, BP and its contractors making emergency permit application requests pursuant to the Emergency Final Order can obtain DEP’s emergency application form at: http://www.dep.state.fl.us/beaches/publications/pdf/emergency/DEP73-303EmPerApp-w-insts.pdf
The following link provides additional information about activities that may take place seaward of Coastal Construction Control Line: http://www.dep.state.fl.us/beaches/default.htm#DEEPWATER_HORIZON_-_Gulf_Oil_Spill. On May 11, 2010, Governor Charlie Crist issued (Executive Order 10-101) creating an Economic Recovery Task Force to facilitate efforts by Florida businesses and industries in recovering from the loss of business and revenues due to the Deepwater Horizon incident. On May 10, 2010, Governor Charlie Crist and Attorney General Bill McCollum called on former Attorneys General Bob Butterworth and Jim Smith to chair a Legal Advisory Council to explore options relating to the Deepwater Horizon incident and oil spill in the Gulf of Mexico. Press Release As of May 11, 2010 at 8:00 a.m. the Florida Oil Spill Information Line, 1-888-337-3569, was activated to provide Floridians with response information and resources about the Deepwater Horizon oil incident from 8:00 a.m. to 6:00 p.m., seven days a week. Additional phone numbers have also been established for persons with disabilities: (800) 955-8771 (TDD) or (800) 955-8770 (voice). DEP conducted water and sediment sampling to use as a baseline and is monitoring air quality data. Statewide air quality monitoring is conducted in coordination with the U.S. Environmental Protection Agency.
Learn more at http://www.airnow.gov/ or http://www.epa.gov/bpspill/.
Air quality reports for Monday, May 17, revealed that air quality throughout the panhandle area was considered good based on the ozone and fine
On May 17, 2010, Governor Charlie Crist announced that BP will provide Florida an additional $25 million for a national tourism advertising campaign. These funds are in addition to the $25 million Florida has already received for preparation efforts. On May 14, 2010, Governor Charlie Crist announced that the U.S. Small Business Administration (SBA) approved disaster loan funds for businesses along Florida’s Gulf coast that have been impacted by the Deepwater Horizon incident. (Press Release) Learn more at: http://www.sba.gov/services/disasterassistance/. Businesses and individuals can now submit Innovative Technology Ideas, suggestions, or products by completing the following information: http://www.dep.state.fl.us/deepwaterhorizon/files/inno_tech_evaluation.pdf.
Send the completed form and any other supporting documentation to Innovative.Technology@dep.state.fl.us. On May 12, 2010, Governor Charlie Crist directed DEP to issue an Emergency Final Order to accelerate preparedness and restoration in the 19 coastal counties under the Governor’s state-of-emergency Executive Orders.
Government entities, BP and its contractors making emergency permit application requests pursuant to the Emergency Final Order can obtain DEP’s emergency application form at: http://www.dep.state.fl.us/beaches/publications/pdf/emergency/DEP73-303EmPerApp-w-insts.pdf
The following link provides additional information about activities that may take place seaward of Coastal Construction Control Line: http://www.dep.state.fl.us/beaches/default.htm#DEEPWATER_HORIZON_-_Gulf_Oil_Spill. On May 11, 2010, Governor Charlie Crist issued (Executive Order 10-101) creating an Economic Recovery Task Force to facilitate efforts by Florida businesses and industries in recovering from the loss of business and revenues due to the Deepwater Horizon incident. On May 10, 2010, Governor Charlie Crist and Attorney General Bill McCollum called on former Attorneys General Bob Butterworth and Jim Smith to chair a Legal Advisory Council to explore options relating to the Deepwater Horizon incident and oil spill in the Gulf of Mexico. Press Release As of May 11, 2010 at 8:00 a.m. the Florida Oil Spill Information Line, 1-888-337-3569, was activated to provide Floridians with response information and resources about the Deepwater Horizon oil incident from 8:00 a.m. to 6:00 p.m., seven days a week. Additional phone numbers have also been established for persons with disabilities: (800) 955-8771 (TDD) or (800) 955-8770 (voice). DEP conducted water and sediment sampling to use as a baseline and is monitoring air quality data. Statewide air quality monitoring is conducted in coordination with the U.S. Environmental Protection Agency.
Learn more at http://www.airnow.gov/ or http://www.epa.gov/bpspill/.
Air quality reports for Monday, May 17, revealed that air quality throughout the panhandle area was considered good based on the ozone and fine
Fishermen who wish to contact BP about a claim should call 1-800-440-0858. FWC urges citizens to report oiled wildlife to the Wildlife Distress Hotline at 1-866-557-1401. For the safety of the public as well as the safety of animals, rescues should be conducted by trained responders. Untrained rescuers may cause more harm than good. Learn more at: http://www.myfwc.com/NEWSROOM/10/statewide/News_10_X_OilSpill2.htm
Closures: Currently there are no Florida State Park or beach closures. Learn more about Florida State Parks at: www.floridastateparks.org.
Tourism: Florida’s pristine beaches and famed fishing grounds remain open to residents and visitors. Currently, there are no impacts to Florida’s more than 1260 miles of coastline and 825 miles of sandy beaches. Florida’s shores are clear and open for business. If planning a trip to the Sunshine State, VISIT FLORIDA, the state’s official tourism marketing organization, encourages visitors to check with local destinations in order to get the most up-to-date information. Through www.VISITFLORIDA.com, vacationers are able to view live Twitter feeds and read up-to-the-minute information on the status of any city or region in Florida, allowing them to see first-hand whether or not an area is currently affected. The following link also provides helpful local links to check on the status of your Florida destination: http://www.visitflorida.com/florida_travel_advisory/. The Florida State Park website will be updated daily and will list any parks that may be impacted by the Deepwater Horizon Incident: http://www.floridastateparks.org/. Visitors with camping or cabin reservations will be notified if their stay will be impacted. If you have any questions, please call 1-850-245-2157.
Tips for Homeowners While the state appreciates the concern expressed by Floridians and the ingenuity of those seeking alternative measures to help protect the state’s shoreline, the following tips are offered to ensure that these measures are helpful and not harmful to Florida’s coasts, wildlife and water resources: Tips for homeowners.
Tips for Businesses and Consumers: Florida residents are discouraged from signing any documents provided to them in return for money from BP or anyone else until they know the extent of their loss, which may be significantly higher than the money being paid. These may be fraudulent or premature. The Attorney General’s fraud hotline is open to receive any reports of fraud or price gouging. The hotline is 1-866-966-7226.
The Florida Agriculture and Consumer Services Commissioner gas price-gouging hotline is also operational. The toll-free hotline number is 1-800-HELP-FLA (1-800-435-7352). Florida’s coastal businesses should be prepared to make loss of earnings claims for damages incurred as a result of the Deepwater Horizon oil spill. In all circumstances, affected businesses should file a claim with BP via the hotline number – 1-800-440-0858 or claims office. Learn more at http://www.myfloridacfo.com/ or by calling 1-850-413-3089 or toll-free at 1-877-MY-FL-CFO (1-877-693-5236).
Volunteer Opportunities: The Governor’s Commission on Volunteerism and Community Service is encouraging Floridians and visitors to watch for oiled wildlife, vegetation, and beaches by becoming a Coast Watch volunteer. Learn more at www.volunteerfloridadisaster.org. Report injured or oiled animals to the Wildlife Distress Hotline: 1-866-557-1401. Report oiled shoreline to: 1-866-448-5816. Report a change in Air Quality to: http://www.epa.gov/bpspill/. For information on scheduled beach cleanups and other volunteer opportunities, visit http://www.volunteerfloridadisaster.org/. BP has established a volunteer program and set up a toll-free number for those interested in volunteering. Learn more by calling BP’s community information line at 1-866-448-5816.
Learn More About Florida’s Response: DEP launched a Twitter account, www.Twitter.com/FLDEPalert, dedicated to providing updates on Florida’s response to the Deepwater Horizon Oil Spill. DEP in coordination with the state Emergency Operations Center established an email sign-up for information alerts on its website as well as a resources page containing fact sheets and tips. Learn more at: www.dep.state.fl.us/deepwaterhorizon. For a list of Unified Command, BP and Florida phone numbers, visit http://www.dep.state.fl.us/deepwaterhorizon/default.htm#numbers
For additional information regarding Florida’s response to the Deepwater Horizon incident, visit www.dep.state.fl.us/deepwaterhorizon, or follow us on Twitter at www.Twitter.com/FLDEPalert.”

FACT SHEET  FROM GOV. CRIST …
“CHARLIE CRIST SECRETARY ………. MICHAEL W. SOLE DAVID HALSTEAD
Governor Florida Department of Environmental Protection State Coordinating Officer
WHAT FLORIDIANS SHOULD KNOW ABOUT REPORTING OIL
Report evidence of oil by calling the State Warning Point at 1-877-2-SAVE-FL
(1-877-272-8335), or by dialing #DEP from a cell phone.
 Impacts reported to the State Warning Point will be investigated by reconnaissance teams of
trained individuals for verification. When verified, a Shoreline Cleanup and Assessment Technique
(SCAT) team will be deployed.
 Oil on Florida’s coastline will most likely be in the form of tar balls, oil sheen, tar patches or mats.

Tar Balls: Pliable, globules of weathered oil, ranging
from mostly oil to highly emulsified with varying amount
of debris and/or sediment. Tar balls may vary in size
from millimeters to 20-30 centimeters across.
Tar Patches: An oil configuration or “structure” that
reflects a broad range of shapes and dimensions.
Numerous tar balls could combine to form a patch; oil
of various colors and consistency could form a patch or
single layer 10s of cm to 10s (or even 100s) of meters
in diameter. Patches of oily debris, barely able to float
with sediment/plants in them, might be called “tar
mats.”
Oil Sheen: When fresh oil spreads out on the water
surface, it eventually becomes sheen, a very thin layer
of oil floating on the water surface. Sheens can vary
greatly in color. In regards to the Deepwater Horizon
incident, the thinnest sheens are nearly transparent,
and the thickest are dull brown in color.”

more to come….

Tags: Info On Oil Spills From Gov. Crist, Lauderdale By The Sea Preparing For Oil Spill, Lauderdale By The Sea VFD Smoking Fire Calls, Scoops
Posted in Scoops, State News, State Politics, VFD, Web News, local government

ONE MORE TIME ……

Dear Readers … Let’s start this again…on a few items…

The MPSC and the 1-lane/2-lane discussion and the previous post on it…Quite a few have responded on the topic and this writer has given some afterthought to my commentary …. While I still believe it is the duty on those who step up to volunteer their time to do some homework ..I also believe that the Town should aid in supplying previous minutes from prior boards and committees along with the plans and studies that are somewhere up on the shelves (prev. posts in 2008)…to assist in the process moving forward rather than to have more repeats of discussion from new people either unfamiliar with the history, area and town ….I also believe it would be beneficial for the previous members of these committees and boards to avail themselves either to individual new members and/or be present at the meetings to offer public comment …It does not matter if you are on the board/committee to participate and be heard to add to the discussion and be of help…

Now I do want to take a step back on my comments about the 2-lanes and any change becoming a political hot potato for anyone who dares to go there… After hearing from Readers… and realizing I was deep in “Kool-aid” at that juncture of my life  (2007)…..perhaps 3 years later it might make sense to get a new “read” ….pun intended …on the majority in LBTS and their desire for the look of El Mar Drive now that Oriana is done and the 1-lane is there to stay (Cristie Furth…the leading CIC opponent to 2-lanes did a major about face herself when the project was done in suddenly not wanting to use the “Oriana million” to turn it back to 2-lanes as the CIC stated would be the 1st use for the monies  …  and later upon getting the money wanting the McIntee Median Walkways …prev. posts)… Perhaps Vice Mayor Dodd’s long touted ideas will be the compromise necessary in 2010 by allowing for both 2-lanes in the areas it is needed for deliveries and 1-lane in other spots for traffic calming and aesthetics? ….

Right now the MPSC seems rudderless ..per a comment from one Reader…and after 3 meetings it’s time to get some strict direction coming from Chair Paul Novak and especially longtime committee member (former Chair/Vice Chair) Sandra Booth who has gobs of old info and can whip this committee into shape with all of it!… They should include some additional meetings per the comments made last night and previously by Ms. Booth as well …. “Invitations” should go out to former members as well as Commissioners …Break out all the materials and have at it…(Then- Comm. Dodd and this writer have asked for this since 2008)….

It is this writer’s opinion the updating of the Master Plan…the El Mar Drive Project and the Stormwater Master Plan are all intertwined and need to be worked on as such… Forget about going through the $900,000 to maybe get the Clottey “induced” shovel-ready grant that again, in this writer’s opinion is a “sham” in that it does not meet the criteria … (for workers staying afterward with jobs in town)…Keep that “Oriana” money in the bank and get the full plan with  updated responses from the Town residents and businesses on the lanes…sidewalks…etc…and the full commitment of the committee…Commission and taxpayers…

……………………….

Not quite what I was told …

This writer was told point blank by a former department head that former Town Engineer Walter Keller had done a $130,000 Stormwater Master Plan in the mid-nineties …as previously posted…After an inquiry by VM Dodd that seems to not be the case… The Int. Asst. TM Bentley asked Mr. Keller about the study on May 11th.. after seeing him at the May 10th CIP/Stormwater Master Plan Workshop… The Int. TM stated that Mr. Keller looked through his files and stated he provided services for individual capital improvement projects and / or special studies but did not work on the Storm Utility or a Townwide Drainage Study… (Rather curious as I did have another Reader with inside knowledge concur that he too knew of such a study but was unable to obtain at the time he was employed from the Town)… Mr Keller stated  in his e-mail to Bentley he had “previously prepared cost estimates for the Town during the annual budget process that included Capital Improvement Projects such as those listed on your handout last night at the CIP Workshop”…(Prev. post)… He went on to state ” I also prepared cost estimates for projects included in the 1999 Revitalization Plan ..

Mr. Keller is currently updating that for LBTS once again and there are many questions I have about this consulting job  after seeing it online by chance with a Google months ago and knowing that neither the previous or the current Commission have had a copy or any knowledge it is in the works for next fall….. Add to that the big surprise that Mr. Keller added at the end of his e-mail “I have worked as a consultant to the Town since 1978 on a wide variety of planning, traffic and engineering projects. A copy of our current agreement is attached along with a synopsis of the firm.”…Hmmm…In 2008 the former Commission asked that Mr. Keller no longer be Town Engineer and the majority at the time spearheaded by the Broom-Boys-Furth “Gang” wanted no more of Keller or consultants…Did they know the former TM was still employing him?.. It was certainly never revealed on the dais or in any backup…til it popped up on the internet…and even then it was kept under wraps!…

Mr. Bentley wrote to the Commissioners that there was a Storm Water Utility study done in August 2004 by Hartman & Assoc. and “it was prepared to justified the creation of the stormwater utility and was not a storm water master plan”

In another e-mail after that one on the same day Mr. Bentley added that he “read the March 17, 2003 Task Authorization for the preparation of the Stormwater Utility Plan. The cost to the Town was $60,372.50 in 2003/2004.  That was not receive yet by the Commission but is available upon request. Mr. Bentley stated the difference between the two studies Utility/Stormwater Master Plan with of course the first being how to charge a monthly fee to be used for drainage improvements. Then once that was established the Stormwater master Plan allows the Town to decide where to apply the funds …He went on to describe that the Master Plan does more than “ID” the project …”perhaps the most important thing it does is set forth a strategy and the policies of the Town Commission regarding drainage and the level of service the Town seeks to provide. It documents that ID’s the projects to be included in out 5-year Capital Improvement Plan, which in turn gives us the blueprint for when we should budget for design, property acquisition (if necessary) and construction of a project.”

BC- The problem still is what did the 2008 drainage study cover before the 2010 Chen study using the GIS and how much of the town has Tele-Vac done as well over the last few years?…

The 14 page Aug. 2004 Stormwater Utility Plan  (no price tag was included on it)  by Hartman & Assoc. begins with a letter from Marco H. Rocca to former TM Bob Baldwin…it states it’s a report that” includes an executive summary plus seven sections containing the background and detail data relative to the findings, conclusions and recommendations.” ..It stated the data used is “believed to be sufficiently accurate for the purpose of developing, identifying, selecting, and implementing a cost recovery system for stormwater management services.”…It went on to add “The operating budget and resulting fees within this Report should be considered as a guide and adjusted accordingly pursuant to comments by the Town’s staff, level of services to be addressed, and community standards. Unlike other utilities (i.e. water, sewer, power, etc.) revenues associated with Stormwater Fees are relatively flat and not affected by factors other than the fee amount.”… The content of the Executive Summary includes the responsibilities of the Town for drainage and quality per the EPA /FDEP and SFWMD …it then proceeds to explain that “many communities in Florida and other states are funding stormwater services through enterprise utilities to generate revenues through either user fees or assessments.”… It states “this report provides a basis for: identifying a just and equitable revenue generation mechanism through user fees or assessments; selection of a billing and collection process; development of an operating budget; and a policy to address cost avoidance credits. Importantly, the study is focused on a system that would be just and equitable to all properties, legally structured, and generate adequate revenues to address the proposed budget.” …It states “The operating expenses and costs for capital Improvements for the Town’s Stormwater Utility will be subjected to future budget activities of the Town. However, for the purpose of this study and structured user fee development, a comprehensive operating budget was prepared as summarized and shown below. It should be noted that no provision for capital, either directly from user fees or indirectly through debt, have been included in this conceptual budget.

Conceptual Budget (2004)

Personnel Expenses  $118,800

Operating Expenses $100,700

Total O & M $219, 500

Other Revenues $10,500

Net Fiscal Requirement $209,000

“Information  provided by the Broward County Property Appraiser was utilized for the purpose of identifying property attributes and characteristics that are directly related to stormwater management activities on both an engineering and legal basis. These attributes and characteristics consisted of each property’s zoning category, size, and amount of impervious surface area. The impervious surface area  (property areas with minimum to no percolation characteristics), which is used by a significant number of Stormwater Utilities and determined by the courts to be reasonable criteria pursuant to recovery, was selected as a basis for measurement of certain stormwater benefits.”…The it states the analysis for a sample of single family properties ..undeveloped properties…that certain properties are required to install and maintain on-site stormwater facilities for the purpose of managing stormwater runoff and pollutants…and how they should reduce the Town’s operating budget…it has this additional point “In addressing these circumstances and to provide fora just stormwater recovery process, a provision for Coat Avoidance Credit allowances was developed for this study. Actual eligibility for Cost Avoidance Credits will be the responsibility of the property owner or tenant, as applicable.”… After that is the billing and collecting of the fees through utility bills issued by the City of Fort Lauderdale and Pompano Beach …. They added this ..”Based on our understanding the User Fee method rather than a Special benefit Assessment method would best fit the needs of the Town, especially with respect to cash flows and  correlating of benefits to properties.”… They went on to recommend “Although slightly more involved, preference should be given to the Cost of Service approach basis on added flexibility, revenue generation and more equitable cost attributes.”…Included was a table showing amounts charged by other Broward County communities with a “caution” not to use these amounts for direct comparison purposes…No analysis was done on them and therefore they could be “materially different” from those that were developed for LBTS… (it was not contained within the 14 pg Executive Summary)… On the last page was the following…

“Pursuant to the analysis, finding, and conclusion presented in this Report, it is respectfully recommended that the Town proceed to:

1. Direct that an implementation program identifying items, dates, and responsible parties be formulated.

2. Direct that a Cost of Service approach and User Fee structure be used as a basis of recovery.

3. Direct that the appropriate stormwater operating and capital needs be identified,  even if in excess of initial stormwater utility user fee revenue resources.

4. Adopt an initial amount of Monthly User Fee if not less than $7.00 per ESU.

5. Adopt a balanced stormwater budget reflecting Stormwater Utility User Fee revenues and other sources of revenue, as available.

6. Provide an automatic Stormwater Utility User Fee indexing for inflation based on an appropriate index.

7. Provide for a Cost Avoidance Credit for properties that demonstrate a reasonable justification to reduce individual User Fees.”

BC- When the Stormwater fees were eradicated we were left with approx. $600,000+ which was transferred somewhere…but it is not known where…. Back then opponents of the fee who believed and one who wrote lengthy articles on its legality due to no benefit coming to some of those being charged the fee in condos on A1A stated that even while collecting these fees …they were not being used for the intended purpose …That along with a look (prev. post) of the 2009-10 budget which shows budgeted in just 2008/2009 were a total of approximately $210,000 should give taxpayers pause ..for it appears we had close to $900,000 available to deal with maintenance and repairs and it was not done… It could not have been after reading the Chen report … to find out that the outfalls are a mess along with many other areas  from one end of town to another….. Before we leap back into a Stormwater fee for all…legal or not…there needs to be further study into what happened after this Report…What was and was not implemented…and where those monies were or were not used…as they should have been…

I do believe along with others that the Stormwater Master Plan and Stormwater Utility Fees will jump to  the top of the LBTS taxpayer’s list this budget season….

more to come….

Tags: Lauderdale By The Sea El Mar Drive 1 Lane-2 Lane Back Again?, Lauderdale By The Sea Fees / Drainage To Be # 1 CIP in 2010-11?, Lauderdale By The Sea Stormwater Utility Fee 2005 Report, Scoops
Posted in Boards, Local Politics, Scoops, local government

PLACES TO GO ….

http://heresthescooponline.com/

Tags: Scoops
Posted in Scoops

TWO GIANT STEPS BACKWARD ….

Dear Readers…sorry to say the MPSC wasted another hour and half meeting about subjects that have been decided long ago and essentially as Chair Paul Novak stated more than one…wanting to re-invent the wheel!…

A new member John Panitsas took up most of the time by going over the possibility of taking El Mar Drive to one- lane…and then on to building a parking garage in the Municipal lot!… Arghhh….

With all due respect to Mr. Panitas, he should have done some homework before taking the MPSC position…He could have easily looked at prior minutes from Commission meetings and special meeting over the last 5 years…such as the one from Nov. 14, 2007 (link below) when Jarvis Hall was packed and residents and businesses were adamantly against El Mar Drive being one-lane … This  discussion went on far too long and “Sainthood” should be awarded tonight to longtime resident and El Mar Drive hotelier Chair Paul Novak…in this writer’s opinion …. Mr. Novak sat patiently and listened to the new member as the member went on and on as if he had come up with a plan…. When Mr. Novak  did try to make Mr. Panitsas aware of the obstacles both political and from a viability standpoint of everyday life on El Mar Drive from walkers to daily deliveries to garbage pick-up to back-out parking the new member was either not comprehending Mr. Novak’s accurate account of life on El Mar Drive and/or was completely in the dark about Mr. Novak’s experience and knowledge…

Also, it is this writer’s opinion that Town Engineer James Barton needs to be given the axe immediately and Chen and Assoc needs the boot as well!..Mr Barton should also be up to snuff on the history of the Town he is employed by …but again showed he is not!… Just as he was in the dark about the Tele-Vac work that has been ongoing in town at the Stormwater Master Plan Workshop…He was in the dark (purposely?) on the one-lane/2-lane El Mar background….It was brought up as recently as when he …Chen and Ocampo stood in front of the previous MPSC last year after being brought in to address them by the former Town Manager …It was embarrassing to watch them insert their foots in their mouths by bringing it up then…This writer wrote about how poorly prepared they were by TM Colon to “go there” in suggesting one-lane for the planning of El Mar Drive.

Anyone who is considering following Mr, Barton’s suggestions and comments made tonight when he told them to not worry about the people..or politics that the only people that mattered were sitting at that table ( as he pointed to each) and on the Commission…will be ill-advised and can kiss any shot at political office in the future goodbye!… Barton told the committee that they would  get  grief for doing most big changes all the way through the project and that afterward those giving them grief will like it!.. He told the committee it was his opinion to start from scratch on the El Mar Project and chuck the previous work done by Chen and Assoc……He also told them he could come up with a cost study ($$$$) for one-lane and whatever else they wanted … Yep,we  bet he could..Cha-Ching!…

Thank goodness Vice Mayor Dodd came to the meeting and was asked for input by Chair Paul Novak …The VM explained the backlash that came in past years…He delved into Oriana and the Minto having to change their plans back to 2-lanes…VM Dodd also added it was his opinion the Commission would not go for one-lane ..but the committee could poll the Commission…This writer agrees…most likely Minnet/Clottey/Dodd will not go for one-lane and the new Comms. Sasser and Vincent will be hearing big time from Sea Ranch Club walkers, Town businesses that will be impacted by delivery problems and El Mar Drive property owners when this item hits the agenda at either a Commission meeting or a Round Table!…

Unfortunately, Mr. Panitsas continued on despite the Chair and Vice Mayor’s comments …talking about bike lanes…Hollywood’s roadway (he brought pictures) …..building a parking garage…insisting there was room for trees between hotels and the need for 10 ft. sidewalks…(despite the fact that walkers will still walk in the road)….He would most likely have continued on another hour…basically showing no interest or regard for what happened in the past ….Mr. Novak finally shut the meeting down…although, it seemed to end with the MPSC  preparing to go at this again at the next meeting in June …YIKES!…

Before the discussion took this wrong turn on El Mar …pun intended…normal business was done by taking the roll and approving the  previous committee minutes…First up was the A1A-FDOT project which they decided they could not further discuss due to the lack of a response to their questions (prev. post -last MPSC mtg.)…about elements/ location/ input funds required etc… Int. Asst. TM Bentley was contacted by FDOT after Co-Chair Edmund Malkoon was informed by FDOT (he was asked by he committee to contact FDOT) they would deal with the Town (Mr. Bentley)…Mr. Bentley said he was meeting with Post Buckley (the engineers doing the $58,000 design for the Town) and was also working with Int. TM Hoffman compiling all the Town documentation…and would not have any answers for another week… Chair Paul Novak said that response along with 4 members not in attendance due to excused absences made it time to move on …He also added the MPSC consensus at the prior meeting was not to pour the $220,000 into the project …Co-Chair Malkoon wanted it on the record that the Bel Air Board had sent a letter to the Town last week asking for a streetlight in front of their neighborhood on A1A and that letter stated they supported the A1A project…

After that was the “2 GIANT Steps Backward” commentary above…

Archived Special Meeting 11/14/2007 El Mar Drive 2 lanes… http://www.lauderdalebythesea-fl.gov/town/spc-meetings-07.htm

more to come….

Tags: Lauderdale By The Sea El Mar Drive One-Lane/2-Lane, Lauderdale By The Sea Master Plan Steering Committee May 18 2010 Meeting, Scoops
Posted in Boards, LBTS Agendas/Meetings, Local Politics, Scoops, local government