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Here’s The Scoop … June 23, 2010 LBTS Commission Round Table … Bringing Ideas To The Table …

June 21, 2010 by Barbara


BC-What Happened ?…. Town Website Jarvis Calendar …Budget Meeting Schedule…Not on the backup…. Town Clerk White Strikes (out) again?….

“June 23, 2007…
1. Projected CIP Plan
2. Other Major Budget Issues”

UPDATE: the PIO replied to an e-mail the lack of the TM backup…it is now on the Town’s website and posted excerpts are on BCbythesea agenda including why no CIP /budget this evening…This time it was not another June White snafu..

Backup for 6/22/10 meeting TM Report- CIP Budget
“We had planned to have a draft of the proposed CIP on the budget discussion at the Roundtable
tomorrow night but were unable to get it done on time due to other pressing operational issues and the
fact that we are still trying to determine how whether the funds that appear on the balance sheet in the
Capital Improvements Fund truly are undesignated and can be appropriated to fund capital projects for
the next several years This issue will be discussed at the Roundtable meeting in more depth In
addition Chen Associates has not completed and in fact has just begun their work on prioritizing
the storm water projects and combining them with other planned Town projects to save money and
We will not be able to present the proposed CIP budget until July 13th and it is likely that the figures will
be only rough estimates at that time.”







a. Pass to MPSC & P&Z to study and make recommendations for code changes to encourage businesses and restaurants to come into town and relax the parking requirements to allow it to happen (Vice Mayor Stuart Dodd)

Ease restrictions in parking requirements that are currently economically prohibitive for any new restaurant or
service franchise to open new premises in our town
Section 30- 273 of the land use states Restaurants and bars in the B 1 district shall have one parking space for every 50
square feet Retail properties require one parking space for every 200 square feet Offices require one space for every 300
square feet”

BC- This should be looked at by the Town staff to provide the Commission with research from other municipalities where there is no such requirements… This arose last year when Chair Paul Novak spoke of the ridiculous requirements that impede business from coming to town…He and many others have looked to other towns without the parking requirements… The timing is right to do away with this as we look at valet parking …opening up alleyways..and sidewalk cafe’s being more plentiful …

b. Charter Review Board (Mayor Roseann Minnet)

SPECIAL NOTES Requested at the June 8, 2010 Regular Commission meeting by Mayor Minnet”

BC- Time has come for a Charter Review Board …just as the Master Plan needs to be front and center for the MPSC…A Budget Review Board…And an Oversight Board for Public Safety Providers…

c. Public Parking on Private Property – SunTrust Building (Mayor Roseann Minnet)

Backup- “ACTION OR OUTCOME EXPECTED: Discussion of amending the Code to allow private property SunTrust Building
to provide public parking in those parking spaces that exceed their required parking during business hours and for all
parking spaces after business hours.
SPECIAL NOTES: Requested at the June 9 2010 Roundtable meeting by Mayor Minnet”

BC- Mayor Minnet brought this up at the last Roundtable …and the new owners made a trip prior to the podium to bring this to their attention as well (prev. posts)… This should be tied into the valet trial…with some revenue to the Town…and parking requirements for businesses being repealed…

d. Name change from the Senior Center to the Community Center (Commissioner Scot Sasser)

Backup-“ACTION OR OUTCOME EXPECTED: Agreement to instruct staff to initiate the name change
SPECIAL NOTES: I have asked the Town Attorney to review the agreement with Broward County for the grant and
confirm the flame change will not affect the grant I would also like to request that staff to contact Broward Cotulty and renal
sure they are OK with the name change and that they do not interpret this as a disqualification for the grant currently in place
Please have the Town Attorney provide copies of the pertinent sections of the agreement.”

BC- included were e-mails between the Town Clerk and Town Attys…

“Commissioner Sasser indicated staff should confirm
with the County that the change would be acceptable Yvette would be a good place to start in that
As noted on the telephone do not see anything in the agreement that would preclude a name
change If the mix of who is being served at the center became affected due to the name change or
far any reason then there would be a concern Exhibit A of the agreement mentions the Project
name Senior Center Activities and Operation.”

BC- Comm. Sasser put the kabosh on the mean-spirited and unnecessary actions perpetrated (in this writer’s opinion) against the Senior Center’s Director and those who partake in the Senior Center by Comm. Clottey and the former Town Manager (prev. posts) … He read the contract and was prepared to ask the pertinent questions that sunk any assertions that had been made by these two about the Center and the Director …only to find that the Town Attys. had never been instructed to look at it and had not done so…This is the next step in rectifying that situation and moving beyond this “black eye” …The Commission can further make thing right at budget time by supplying the Center with its wish list…

e. Ordinance 2010-03: Revisions to Chapter 2 of the Code of Ordinances (Administration/Departments)

Backup (Int. TM)-“ACTION OR OUTCOME EXPECTED: The Commission deferred action on this proposed code
amendment in order to give tithe for me to review it. It is my recommendation that we greatly simplify
this ordinance to simply indicate there will be a Town Clerk whose primary duties are to conduct
elections serve as official keeper of the Town’s records and direct staff on records retention
requirements and attend and prepare minutes of all Town Commission meetings.
Rather than list other departments and Director titles it is recommended that the code be amended to
indicate that the organizational structure of the Town aside from the Town Manager Town Attorney
and Town Cleric positions shall be as reflected in the operating budget adopted by the Town
Commission each year I’ve always felt it was cumbersome and unnecessary to include a municipality
organizational structure in the Codes of Ordinances as it becomes out of date with each reorganization
title change etc and it is costly to keep amending the Code to stay current I have conferred with the
Town Attorney on this and size has no objection to this approach
If the Commission is in agreement we will bring back a simplified ordinance amendment reflecting
this approach.”

BC- A quick affirmative high 5 from the Commission…and move on…Kudos to Ms. Hoffmann yet again!…

f. Encroachment permits for Non-Commercial Flags (Development Services Director Jeff Bowman)

Backup-“EXPLANATION: Earlier this year Code Enforcement was asked by the operator of a dive shop what permits
were required to install a dive flag on the outside wall of his business The Town Code permits a dive flag in the
business zoning districts for a dive shop in Section 30-508. (c) of the Sign Code and a sign permit is required
Since the front of the dive store is on the property line the flag would encroach into the right-of-way (ROW )and
Section 17-9 of the Code (Exhibit 1) requires an encroachment permit which can be administratively approved
by the Town Manager The Town does not charge a fee to process an application for an encroachment permit
Among other requirements Section 17-9(2) requires the holder of the encroachment permit to have $1,000,000
in general liability insurance with the Town named as an additional insured and Section 17-9.(3)requires a signed
statement from the permit holder to indemnify defend and hold harmless the Town
The dive shop owner inquired if the properties with existing flags that encroached into the ROW have the
required encroachment permit Since we enforce the code equally we conducted a survey and found seven
properties with flags in the ROW all of which need encroachment permits We have approached these owners
and requested that they obtain an encroachment permit to continue displaying flags or any other items in the
Of the seven properties five had noncommercial flags American flags As you may be aware commercial
flags are defined not to be signs in the Sign Code Section 30-507 definition of Signs As such they do not
require sign permits The Code does define by zoning district the total number of such flags that can be installed
on a property

Since properties often fly noncommercial flags around holidays staff asks for the Commission concurrence to
administratively allow the display of noncommercial flags without obtaining an encroachment permit for periods
not to exceed sixty 60 days during a calendar year.”

BC- Let em’ fly the flags…just like the “holiday lights” the previous Administration wanted to monitor and cite if they exceeded a certain number of days…..this one should “fly away!”….

g. E-blast messages (Mayor Roseann Minnet)

Discussion on sending e-blasts to residents on events and other pertinent
Information such as hurricane preparations”

BC- It should be more than that…e-alerts for any changes of public interest… calendar or backup online etc… and visiting elected officials… as is done in other towns…

h. Budget: Holiday Parking Policy (Interim Town Manger Connie Hoffmann)

Backup-(Int. TM)-“EXHIBIT: It has been the Town’s policy not to charge for parking at Town meters on holidays and I would
appreciate direction from the Commission as to whether they wish to continue that practice in FY 2010/2011f or all
holidays. Given that Town residents that obtain a parking permit can park for free at Town meters and that
parking is tight on holidays that fall during good beach weather it is clear that the Town could realize additional
revenues if we were to discontinue the policy of free parking on Easter, Memorial Day, Fourth of July and Labor
Day and other less universally-celebrated holidays. We could continue to offer free parking on Thanksgiving,
Christmas and New Years Day I would appreciate Commission discussion on this subject so that we can complete
our revenue projections from parking meters for the upcoming budget
ACTION OR OUTCOME EXPECTED: Policy direction from the Town Commission on free parking on holidays
neat fiscal year”

BC- Another affirmative high 5 …moving forward…



i. Budget: Contingencies, Reserves and Fund Balances (Interim Town Manger Connie Hoffmann)

BC- You don’t want to miss this one… General Fund Balances ….

“Fund Balances in the General Fund
The Government Finance Officers Association GFOA recommends at a minimum that general
purpose governments maintain an unreserved fund balance in their general fund of five to
fifteen percent of regular general fund operating revenues or no less than one to two months
of regular general fund operating expenditures However the GFOA also recognizes that a
government particular situation may require levels of unreserved fund balance in the general
fund significantly in excess of these recommended minimum levels
In practice fund balance expressed as a percentage of revenue is typically less for larger
governments than for smaller governments
In Florida most cities also reserve a significant amount to be used in the aftermath of a serious
hurricane in addition to a normal fund balance These are normally called storm reserves or
emergency reserves
The Town has $2,329,648 in the General Fund designated for emergencies. Finance
Director advises these funds are to be utilized for hurricane cleanup and other catastrophic
events This amount is equal to approximately 19% of the current general fund budget amount
and exceeds the Town’s  stated policy of maintaining a 15% reserve for this purpose It is
probably larger than the stated policy because the reserve was not reduced as General Fund
revenues have declined in recent years However it is not an unreasonable amount given that
we are a small coastal town that could experience severe damage in a serious hurricane
The General Fund ended last fiscal year with an undesignated fund balance of $2,189,349
These are available funds which have not been designated for any specific use The budget book
says that it is the Town’s policy to maintain a reserve of15million or 10of the General Fund
budget in addition to the aforementioned 15reserve for emergencies The undesignated fund
balance exceeds the Town’s policy of maintaining a15million or10 of the General Fund by a
significant amount($600,000 or $900,000, depending on which target you use.)
It is prudent financial policy not to use the excess funds in the undesignated fund balance for
ongoing operating costs The Town should limit appropriations from the fund balance to one
time expenditures such as capital projects studies or unusually large expenditures that will not
be repeated each year According to the Finance Director the Town has not made any
appropriations from the undesignated fund balance so far this fiscal year so the funds are

There is also a designated vehicle and equipment replacement reserve of $182,792 in the
General Fund that is available to replace vehicles and equipment that were originally purchased
using General Fund monies have been told that the Town has no vehicle or replacement plan
or schedule

The General Fund also has $63,273 designated as fire assessment which the Finance Director
indicates is intended to be used to replace fire apparatus

I have had several questions about the $1,650,742 listed on the Balance Sheet in the General
Fund for capital assets It has been explained to me that amount reflects the value of capital
assets that the Town acquired in the General Fund in FY 2008/2009. It is not cash that is
available for expenditure

Capital Improvement Fund- The balance sheet as of September 30, 2009 indicates there was $1,161,336 in the Capital
Improvement Fund designated for capital assets The staff believes the 1.16 million figure
reflects projects that were completed last fiscal year being converted to assets on the balance
sheet and am awaiting a call from the Town’s auditors to confirm that The more interesting
figure on the balance sheet is the $1,804,897 listed as an undesignated balance Town staff has
been working to produce an analysis or work papers that will explain the source of the $1.8
million and hope to have an explanation of the18figure by the Roundtable meeting on
Wednesday evening That information should reveal how much of that money can be rolled
forward to help fund capital projects over the next several fiscal years”


BC- The items on the calendar …(see above) …perhaps?


Full Backup on the Town’s website …

Open to the public comment…on Comcast Ch. 78/ live streamed and archived Town website …

more to come…

Post Division

Here’s The Scoop … Scene And Heard Around Town ….

June 21, 2010 by Barbara


Dear Readers … A few nights ago a BSO Deputy on patrol saw a guy breaking into a construction site and apprehended him with the use of K-9 and Aviation.  … There have been some incidents of construction related thefts in recent weeks … The BSO is working on them and the P& Z Board discussed last Wed. an ordinance to fence in construction sites which may help avert such the future  ….. This apprehension using BSO K9 ….. comes soon after the manhunt last month for a suspect that closed down much of LBTS …(prev. post)…



from the
Chamber of Commerce/
Welcome Center

[email protected]

(954) 769-1560



This writer hopes that the current Town Administration is treating the former Town Manager in the same manner as she treated this writer and many others when it came to Public Records Requests… Taking them in the order they are received…I know I have many I am awaiting…as do others…So, no cutting in line..attorneys or no attorneys….no preferential treatment…please……First come..first served…



You cannot unsound the alarm….We hear the VFD is doing “business as usual”… after a special meeting was held tonight and that tomorrow night it will still be Chief Bob Perkins standing at the podium for the VFD monthly report… This despite the fast spreading word of serious problems with his VFD application from 2005 that are said to be in violation of VFD-Bylaws …… We were told last week Perkins resigned effective July 1st …with that notification going to the Town the day after last Mon. night’s meeting  … A new Chief was to be chosen to be the interim Fire Chief until their next election… which we now hear will be in Oct…..The word  over the last week was an “implosion” was going on inside and outside of the department with varying factions vying for the interim chief position…as well as many different accounts questioning the Chief’s resignation along with contractual issues that have arisen from questions on the insurance for the VFD members and the background checks being up to snuff …. This would be required by any Town vendor especially those providing public safety … The VFD needs to be accountable to the Town and the taxpayers …Looks like they will finally get what they have long insisted they wanted from the Town …to be treated just like any other contractual vendor to the Town… If the Chief did indeed falsify his application …he should be terminated effective immediately, in this writer’s opinion … The taxpayers need to be informed by the Town that this public safety vendor as well as our other providers (BSO/AMR) are current with their insurance and background checks to assure us all that we the residents and businesses as well as the Town’s public safety department members are safe… The Chief should be ready for some questions tomorrow night….


more to come….

Post Division

Here’s The Scoop … June 22,2010 LBTS Regular Commission Agenda … Almost There… Updated ….

June 20, 2010 by Barbara


Dear Readers … Much has happened as we near the first 100 days…and this writer will make every attempt to post on that specifically this week (Lilly allowing) …The agenda below and the one for the Roundtable on the following night (post to come)…show some of the promises kept..with the Ethics Ordinance…Code of Conduct… Bank balances and Funds… The real dollar numbers and the system used along with after the campaign finds that are being rectified such as benefits prove how truly inferior our past administration and majority on the dais were … Ongoing and one big plus this Commission has enacted are the Commission meeting Roundtable discussions and the Commissioner liaisons that are working on the issues concerning Choice Environmental among others… 65% of LBTS voters got it right and if they haven’t already those who were scared into thinking we were going into the abyss if we removed them…will soon say out loud…I get it now!…

NOTE:  HATS OFF!….PIO D’Oliveira has now added an archive of backup agendas from May on the Town’s website …. …He has informed this writer that my request to the Int. TM will be put into action …This year all budget meetings and info will be online and stay there along with the  budget justification sheets -YEAH!.. ….

NOTE: If you are having  any trouble reading the scans please use this link and go to the backup online at the Town’s website…



TUESDAY, JUNE 22, 2010




3. INVOCATION – Reverend George Hunsaker





a. BSO Police Monthly Report – May 2010 (Chief Oscar Llerena)

Backup- Employee of the Month – Dep. Craig Jacobson

b. VFD Fire Monthly Report – May 2010 (Chief Robert Perkins)

BC- The VFD in turmoil after the revelation that the Chief was convicted of felony charges in the 1970’s… A VFD Board meeting on Monday night will result in who will be standing at the podium on Tuesday night to address the Commission… The VFD backup includes a diminishing Roster with the Dep. Chief on leave …We hear the best man for job of interim VFD Chief  is Fire Marshal/Inspector Steve Paine… Question is …does Paine have any interest or support?… If so who becomes the Fire Marshal?… What input will the Town have in this process?… Will there be an inquiry into the status of this vendor’s insurance for  its members and background checks? … Included in their report was a multitude of medical calls that were canceled per BC12/M12/Chief 12/ PD….Also a bounty of training sessions including swim tests… With this “implosion” going on…it looks like the VFD will not be on the backburner for after the budget/Town Manager search…

c. AMR EMS Monthly Report – May 2010 (Chief Brooke Liddle)

BC- 98% avg. of all calls under 6 min. 0:03:35


a. October 12, 2009 Workshop Meeting Minutes

BC- previous post …Needs to go back to be redone adding some substance of what the real meeting for the Performance Review of Esther Colon…

b. April 16, 2010 Roundtable Minutes

BC- This meeting included VM Dodd’s item c. Discussion and/ or action regarding an RFP for a new Town Manager… It was pretty close to what took place with discussion on the subject of looking for a new TM ..Readers will recall former TM Colon said she could not attend but did a “McIntee” and arrived at the last minute to sit in… Any reasonable person reading just the minutes without benefit of the video available online would ascertain there was no hint of anything personal or any harassment …In fact the only 2 people at the table making such assertions were Colon and Clottey… Hmmmm….in light of the former TM’s highly charged response letter to the Int. TM’s letter asking for overpayments to be reimbursed…(prev. posts)…

c. April 27, 2010 Regular Commission Minutes

BC- Still on “point”?… Clottey followed CIC Chair Cristie Furth diatribe at public comments in her Comm. Comments …”Commissioner
Clottey said it was unfortunate that some Commissioners wanted blood and got it. She added that there was a price paid in such situations Commissioner Clottey urged the presumption of innocence until proven otherwise.”….

d. May 11, 2010 Regular Meeting Minutes

BC-See backup…

e. June 8, 2010 Budget Workshop Minutes

BC-See backup…

f. June 8, 2010 Special Meeting Minutes

BC-See backup…


a. Special Event application from Athena By-the-Sea to hold an event on July 4, 2010 between 4:00 p.m. and 11:00 p.m. in the pier parking lot (Interim Assistant Town Manager Bud Bentley).

Backup-” EXPLANATION: Athena The Sea has submitted the attached Special Event Application Exhibit 1
requesting permission to hold an event in the Pier parking Lot from 4 pm to 11 pm on July 4 2010. The
applicant notes that this event has occurred in the past.
The Town is leasing the Pier to shoot the fireworks display at 9 pm on July4. Our license agreement with the
Pier provides for access to the parking lot for equipment related to the fireworks and for public safety equipment
staged in the alley south of the Pier. The proposed special event does not affect the Town’s access an the 4 of

BC- don’t even pull it to discuss …It should be  “A- GO”…for this tremendous weekend celebration planned by so many entities…post Furths….

b. Commission appointment of Florida League of Cities Voting Delegate and Alternate (Clerk June White) Commission consensus at June 9, 2010 Roundtable to appoint Mayor Minnet as Voting Delegate and Commissioner Vincent as Alternate.

BC- This was discussed at the Roundtable and as stated above the Mayor and Comm. Vincent will serve ….

c. Commission approval for valet parking service (Mayor Roseann Minnet) Commission consensus at June 9, 2010 Roundtable to move forward with a trial valet parking service.

Backup-“EXPLANATION: On April 9 2010 the Town Commission received a request (Exhibit 1) from the three
downtown businesses 101 Ocean The Village Grille and Athena By The Sea for a 90 day trial valet operation
using a public-right-of- way to transfer vehicles T11e valet service would be contracted by and under
the direction ofi01 Ocean Pictures of the proposed area are attached Exhibit (2 & 3)
The subject of a valet using a public street for its transfer point has been discussed by the Town Commission
several times before and most recently at the June 4, 2010 Commission Round Table At that meeting the
Commission directed staff to schedule the item for consideration at the June 22, 2010 Commission meeting and
notify all businesses on El Mar Drive that the item was scheduled for the June 22, 2010 Commission meeting
Attached (Exhibit 4) is a copy of the notice being delivered to the El Mar businesses and the business on
Commercial east of Seagrape.
The Specific Trial Proposal
The proposal identifies the vehicle transfer location to be the two public metered parking spaces in from of the
Country Ham and Eggs restaurant. All vehicles would be parked on private property”

BC- Not so fast …backup does not include answers to the many questions at the Roundtable …VM Dodd  reminded Mayor Minnet and Comm. Clottey of the previous plan for the Valet Parking using Public Property…Promised revenue for the Town by using a portion of the”White Elephant” parking lot on A1A and Bougainvilla..This 2010 version private parking…Don’t think that’s gonna fly with the majority on the dais…Some concessions are going to have to be made to the Town…Also what about the alley use?… Alley use should not be a part any restaurant’s return route to patrons… Still some things to iron out for the Commissioners to sign off?…

d. Appropriations to cover budget shortfalls (Director of Finance & Budget Kaola King)

Backup- “EXPLANATION: The Town Commission indicated their willingness to make a $2,500 donation to the Broward City
County Managers Association for the Haiti Relief Initiative at the Roundtable meeting on June 9 An appropriation for that
donation is necessary.
The salaries account in the Administration Department budget is overspent as a result of the payout to the former Town
Manager.  We are asking the Commission at this time to appropriate funds to cover the difference between what was paid out
and the amount we have requested the former Town Manager return to the Town There are not sufficient monies in the
General Government contingency account to cover that amount ($226,879.71) so it is recommended that the funds be
appropriated from the funds that were budgeted for a Stormwater Master Plan/Study in the current fiscal year. After
transferring the money out of that account for the Chen Stormwater study $238,716 remains in the account and there are no
plans to utilize those funds
RECOMMENDATION: Town Commission to authorize the appropriation of
a. $2,500.00 from Dept 519 Fund 001 Account #500.497 Contingency to Dept 511 Fund 001 Account #500.82
Donation-aids to Private Organizations The purpose of this appropriation is to make a donation to the
Broward City County Managers Association for the Haiti Relief Initiative
b. $226,879.71 from Dept 519 Fund 001 Account #500.494 Reserve Account for Stormwater Master Plan/Rate
Study to Dept 513 Fund 001 Account # 500.120 Regular Salaries in order to cover a portion of the projected
over expenditure in that account due to payouts made to the former Town Manager.”

BC- Again, as previously posted before the Roundtable…this writer believes those taxpayers that gave to Haiti did so on their own…The taxpayers do not need to do it again through the County Manager’s Assoc….. The monies in the “Reserve Account for Stormwater Master Plan Study need to be further investigated …as to why we had the monies in there …yet the former TM asked for another $125 thousand to be allocated for the study?…

NOTE: a look at the Roundtable for Wed. night shows the further findings from the Int. TM are an eye opener to those who were not fans and even more so for those who were and may still be…in this writer’s opinion!…


1. Ordinances 1st Reading


Backup- “On the Monday following the regular election at which a Town Commissioner shall be
elected in accordance with Section 6.1 of the Town Charter the Town Commission shall meet at
the usual place for holding meetings of the legislative body of the Town at which time the newly
elected Town Commissioner(s) shall assume the duties of his or her office.”

BC- see online backup..prev. BC posts…


Backup-” As requested at the June 9, 2010 Roundtable meeting of the Town Commission, I have
finalized the Ordinance creating a Code of Ethics for the Town Commission.
The Ordinance includes the initial concept considered by the Town Commission last year
that the Mayor or a Commission abstain from voting on a matter involving a Town vendor if they
have a paid or unpaid affiliation with that vendor It also requires that the Mayor or Commissioner
not participate in a shade session involving a Town vendor with which they are affiliated.
Consistent with the Commission direction the Ordinance does not include the additional
concept considered by the Town Commission in the draft ethics referendum which broadly
prohibited Commissioner business relationships in the Town.
The key points of the Ordinance are summarized below:
The Commission shall not vote on matters affecting a Town vendor with whom they have a
paid or unpaid affiliation but they may participate in the matter. “Affiliated” is defined as
being in close “formal or informal association”. When abstaining from voting under this
section Commissioners shall the a written disclosure with the Town Clerk
Refraining from voting because of an affiliation with a vendor shall be deemed to be a
potential conflict of interest sufficient to excuse the Mayor and Commission from the
statutory obligation to vote tinder Section286.012, Florida Statutes
The Commission shall not participate in shade sessions where they have a paid or unpaid
affiliation to a party adverse to the Town in the litigation
Both of these voting prohibitions also apply if the affiliation is through a business entity
related to the Commissioner or Mayor
If these prohibitions leave the Commission without a quorum to vote or to meet on a
litigation matter the remaining Commissioners can approve the item involving the vendor
unanimously or can meet in the shade session Alternatively the Commission can waive
the prohibition if they find it consistent with this Code section and find that it will not create
or tend to create an appearance of impropriety
The Commission shall also follow the ethics requirements of Part III of Chapter 11 Florida
Statutes The stricter rule shall always prevail The terms of this Code section shall be
interpreted consistently with those of Chapter 112

BC- The promise is the new majority on the dais…No more “2-hats”…No more “not one dime” excuses…No more sitting in shade sessions when there is a conflict… No more whitewashes…. Just transparency!…..

2. Ordinances 2nd Reading


BC- the changes of the dates for when the boards begin and the process of choosing the members/and allowing the members to choose their own Chair/Vice Chair… See backup….

11. RESOLUTION – “Public Comments”


Backup- “EXPLANATION: Town Commission to consider approving a Resolution outlining procedures and authorizing the Town
Manager and Town Commission the authority to mitigate recorded Code Enforcement fines liens

BC- different Commission different Administration… different response..Staff approval…Commission for the Ord. then -Comm. Dodd wanted to put forth as is done in other municipalities and was recommended by our Spec. magistrate (prev. posts)…Another promise kept…


EXPLANATION: A Resolution adopted in 1994 provides that retired Town employees may continue medical benefits
under the Florida Municipal Health Trust Fund Insurance Plan at no cost to the Town It is recommended that the Resolution
be repealed for several reasons.
First Florida Statutes already requires the Town to offer an even more comprehensive insurance option to retirees and their
eligible dependents Section 112.0801 of the Florida Statutes provides that retirees and their eligible dependents may
continue on the Town’s health insurance life insurance accident hospitalization annuity or” all of any kinds of such
insurance” plans and specifies that for health and hospitalization plans the premium cost shall be no more than the premium
cost applicable to active employees.
Second retiree is defined under the State Statute but is not defined in the 1994 Town resolution
RECOMMENDATION: Adopt the Resolution repealing Resolution #1222


Whereas the Town Commission of the Town of Lauderdale-By-The-Sea, Florida has determined that it is feasible to allow retired employees the continuation of coverage under the medical benefit plan at no cost to the Town.

Now, Therefore, be it resolved by the Town Commission of the Town of  Lauderdale-By-The- Sea, Florida In Regular Session Convened.

Section I. That all expense of the insurance premium shall be the responsibility of the retiree.

Section II. That this resolution shall take effect immediately upon adoption.

Section III. Passed and adopted by the Town Commission of the Town of Lauderdale-By-The-Sea, Florida this 25th day of January 1994.

Mayor Ken Wardlaw”…




a. Commission approval of Town Manager Position Profile (Public Information Officer Steve d’Oliveira)


BC- Time to get it out….


a. Commission approval for a Personal Code of Conduct (Commissioner Scot Sasser)


BC- Comm. Sasser’s campaign promise kept…..


BC- no backup… Updates on progress report etc…should be in the online backup as previously done…

UPDATED-an e-mail to the PIO produced an oversight on his part for the TM backup and it was remedied on 6/22/10..

Backup-“Emergency Services: VFD Budgets
We received AMR’s budget for the next fiscal year which contains the4increase provided for in their
contract with the Town which amounts to an increase of approximately 02080 in the Town’s General
Fund budget Although the contract dictates the4increase we have requested an explanation of the
factors that necessitate the increase
We are awaiting the VFD’s responses to the questions we posed to them regarding their budget
proposal and vehicles We have been advised we will receive the information we requested next week
CDBG Grant
We have been notified by the County that our CDBG grant for senior programs will increase next fiscal
year to $29,209, a 20%increase
Audit Committee
The Audit Committee met for the first time this week and made some excellent revisions to the draft
RFP We sent the ad for the RFP to the Sun Sentinel today and it will be placed on Demand star the most
frequently used,on-line government RFP service on Monday We will also post it on the Town’s website
Kaola King will also send letters or emails to all of the respondents from the last time the Town issued an
audit RFP to make them aware of our deadline July 12 for responses
Master Plan Steering Committee
The MPSC met this week and endorsed moving forward with the A1A streetscape project Three
members of the Commission were in attendance at the meeting so can give a first-handreport on the
Committee discussions
CIP Budget
We had planned to have a draft of the proposed CIP on the budget discussion at the Roundtable
tomorrow night but were unable to get it done on time due to other pressing operational issues and the
fact that we are still trying to determine how whether the funds that appear on the balance sheet in the
Capital Improvements Fund truly are undesignated and can be appropriated to fund capital projects for
the next several years This issue will be discussed at the Roundtable meeting in more depth In
addition Chen Associates has not completed and in fact has just begun their work on prioritizing
the storm water projects and combining them with other planned Town projects to save money and
We will not be able to present the proposed CIP budget until July 13th and it is likely that the figures will
be only rough estimates at that time
List of Assignments/Projects
I’dl ike to suggest that only provide the updated list once a month at the second meeting of each
month if that is satisfactory to the Commission”

BC- It is worth the time to link to the backup to see the list provided…


BC-no backup …Updates should be in backup….


Open to the public…On Comcast Ch. 78/ Town website online…

more to come…

Post Division

Here’s The Scoop … More F.O.M. To Take A Hike? …

June 19, 2010 by Barbara


Dear Readers… The hike out of Town Hall and the VFD looks to be continuing as F.O. M. (Friends of McIntee) one by one are being given the old heave ho …

Right after the landslide win almost 100 days ago… came the exit of former F.O. M., Comm. – CIC Candidate for Commissioner- BFF- “Broom Boy” Jim Silverstone… followed by the exit of F.O.M., BFF- Town Photog Marc Furth and his wife F.O.M.& Self Promoting Town Event Planner- CIC Chair -Vice Chair of P & Z Cristie Furth…along with the demise of the 2nd short-lived incarnation of the By The Sea Times… F.O. M.,  (“McIntee is God” ) -CIC-Candidate for Mayor -Vice Chair of the CIC -BOA member Joe Couriel and F.O. M., CIC – candidate for Commissioner Marjorie Evans….

In April the Town Commission voted 4-1 (F.O.M., Comm. “Clueless”  Clottey voted no)….to unilaterally terminate F.O.M., Town Manager Esther Colon who no longer served “at the pleasure of the Commission”… Less than one week later her loyal sidekick F.O.M., Interim Town Manager -former Asst. Town Manager John Olinzock was unilaterally terminated in a 5-0 (Comm. Clottey voted to oust him as well for his actions) vote for no longer serving “at the pleasure of the Commission”… In May his termination was changed to “with cause”….This came after the Int. Town Manager, an indepenednt consultant and the two Attorneys in the Town firm found a $69,380 overpayment according to the inquiry directed by the full Commission on the day Olinzock was terminated into the payout he made within a week of his former boss’ termination despite being asked by the full Commission and the Town Attorneys to not distribute the monies without the Town Attorney’s oversight…F.O.M., Human Resources / Risk MGR. Kathy O’Brien was first suspended with pay while the inquiry was ongoing …After it was finished…she too was terminated by the Int. Town Manager…

This week it looks as if the hikes are continuing on for the F.O.M. leftovers…Leftover after McIntee and his wife  (the “Truth Deflector”)… hiked out of town themselves….for ….it is said the Tampa Bay area…and we surmise, a resurrection of old pseudo police- firefighter hero “stories” for the new ears ….of those who have not yet Googled his name…

This week we heard about F.O.M., VFD Fire Chief Bob Perkins…who many felt was not qualified to be the Chief in 2008 but was promoted to the position to be a “front” for McIntee ..That worked for almost two years ….until Perkins did an apparent about face and took McIntee down with the majority of the VFD members at that fateful meeting last winter when McIntee was not voted in as Fire Chief and was met with a formal complaint filed from an alleged altercation he had witnessed by the complainant while on his cruise just prior to his fall from the Commission and the VFD …(prev. posts)… Now it seems former F.O. M. Perkins himself will be faced with some unsavory paperwork of his own that will leave him no alternative but to take a similar hike from the department…We heard his former friend, McIntee  …sent word he has files available to assist with  Perkin’s, hike  ….OUCH!…. We are told,  Perkins lied on his application to join the VFD in 2005 …it was concerning felony arrests and convictions…..  We hear there were some … That said, it was unnecessary to lie, if he did so….We are also told he would have been allowed to join the VFD in spite of any convictions …as it was 30 years prior to joining…although it is doubtful he would have become the Chief… The real question is this…Did McIntee and Silverstone know?…Not only were they VFD firefighters…they were elected officials…. So if they knew and remained mum …WOW!….

We heard Perkins resigned after a special meeting last Mon. night effective July 1, 2010…We also heard the President of the VFD Ken Johnson informed the Town on that fact the following day……We hear there has been more turmoil inside the VFD in the aftermath of that meeting and resignation… President Ken Johnson was suspended by Perkins in retaliation toward Johnson and another meeting will be held by the Board on Monday night to deal with both the Chief and the President’s suspension… Chief Perkins said in the past the Int. Town Manager is allowed as a non- voting member to all meetings…She needs to be there….

It is said, VFD President Johnson and former Comm. Silverstone met with the Town Manager late in the week  to discuss the fallout from both the resignation…the possible falsified application situation…and the lack of a proper background check …as well as concerns over the insurance coverage for the safety of the department members after the Town received the Pointu e-mail questioning dangerous driving…training and the insurance ……

Perkin’s should not be alone in taking a hike in June ….F.O.M. Development Director Jeff Bowman should be either demoted or shown the exit door…after he was not in attendance for the first P & Z meeting with a newly appointed board last Wed. (prev. Post)…We hear he was in Orlando…What could have been more important?…This was deja vu…for the M.I.A. Director … He was not in attendance at a Special Magistrate meeting last year when it was duly noted by the Special Magistrate the Town was not being represented well and the applicants along with their attorneys were again left high and dry due to their absence (prev. post)…The Wed. night meeting produced an eerily similar comment from  Town Atty. Trevarthen when she stated the Int. Asst. Town Manager was at a disadvantage with no assistance from Dir. Bowman or Code staff…

And now we look to F.O. M. Town Clerk June White…who this week not only has the substandard Oct. 12,2009 Minutes online from the former Town Manager’s Performance Review Workshop meeting for the June 22, 2010 Comm. Meeting for approval …(prev. post) …..

As first reported in the June edition of the By The Sea Future published yesterday, on May 26, 2010 the Florida Elections Commission  “determined no probable cause ” for case No. FEC 09-233 … With that ruling the cover letter for the final report dated May 28, 2010 states “Since the Commission has determined no probable cause, Section 106.25, Florida Statutes, provides that all investigative reports and other documents related to this case are no longer confidential…

A look at the handwritten complaint and photocopied articles including  photos of the UOT  fundraiser at Athena By The Sea filed by Maureen McIntee in her full out “truth deflector” style against Robert Fleishman and Unite Our Town for not filing with the State as a PAC are most disturbing…But alas, the aim was misplaced and rather than hitting her intended “target” …”Mighty Mo”… instead put the spotlight on Town Clerk White according to the report… HISSSSSSS…..

The Commission heard the case on May 18 & 19, 2010 at their regularly scheduled meeting…

“Based on the complaint, Report of Investigation, Staff Recommendations submitted by staff, written statements submitted by Respondent, and any oral statements made at the probable cause hearing , the Commission finds that there is no probable cause to charge Respondent with the following violations:

Section 106.022 (1), Florida Statutes- The complaint alleges that Unite Our Town, a political committee, failed to file with the Department of State, Division of Elections, a statement of appointment for the registered office and registered agent; and

Section106.022 (3), Florida Statutes- The Complaint alleges that Unite Our Town, a political committee, made expenditures and accepted contributions without having filed with the Department of State, Division of Elections, a written statement of change of registered agent.

Therefore if is ORDERED that this case is DISMISSED.

DONE and ORDERED by the Florida Commission on May 26, 2010 in Tallahassee, Florida.”

“Staff Recommendation Following Investigation”…excerpts….

1. On December 9, 2009, the Florida Elections Commission (“Commission”) received a complaint from Maureen McIntee (“Complainant”) alleging that Robert J. Fleishman, and Unite Our Town (“Respondents”) violated Chapter 106, Florida Statutes.

2. By letter dated December 28, 2009, the Executive Director notified Respondent that Commission staff would investigate alleged violations of the following statutory provision:

Section 106.022 (1), Florida Statutes- The complaint alleges that Unite Our Town, a political committee, failed to file with the Department of State, Division of Elections, a statement of appointment for the registered office and registred agent; and

Section106.022 (3), Florida Statutes- The Complaint alleges that Unite Our Town, a political committee, made expenditures and accepted contributions without having filed with the Department of State, Division of Elections, a written statement of change of registered agent.

Sections 106.022(1), Florida Statutes.

3. Respondent, Robert Fleishman, is the current chairman and registered agent of Unite Our Town. Respondent Unite Our Town is a city political committee whose filing officer is Lauderdale-By-The-Sea City Town Clerk (“City Clerk”).

4. Respondents registered as a city political committee with the Town Clerk on or about October 5, 2007. On June 15, 2009, Regis Brady resigned as Unite Our Town’s registered agent. On June 16, 2009, Respondents filed a Registered Agent Statement of appointment form (DS-DE41) with the Town Clerk appointing Robert Fleishman as registered agent. (ROI [report of investigation] Exhibit 2)

5. Section 106.022(1) Florida Statutes, provides that:

106.022 Appointment of a registered agent; duties–

Each political committee, committee of continuous existence, or electioneering communications organization shall have and continuously maintain in this state a registered office and a registered agent and must file with the division a statement of appointment for registered office and registered agent…..2

6. Respondent, however, were required to file their new Appointment of Registered Agent form with the Division of Election (“Division”). 106.022 (1), Fla. Stat.  ALTHOUGH THE TOWN CLERK ACCEPTED AND PROCESSED RESPONDENT’S DS-DE 41, SHE DID NOT KNOW THAT THE FORM WAS REQUIRED TO BE FILED WITH THE DIVISION OF ELECTIONS.

7. Mr Fleishman denied having received a copy of Chapter 104 and 106, Florida Statutes, or a handbook for committees. He also denied reading any election related materials (ROI Exhibit 14) ADDITIONALLY, THE TOWN CLERK HAD NO DOCUMENTATION AVAILABLE TO SHOW WHAT MATERIALS WERE PROVIDED TO RESPONDENTS WHEN UNITE OUR TOWN REGISTERED AS POLITICAL COMMITTEE.(ROI Exhibit 3).

8. On December 28, 2009, Investigator Malphurs spoke to Respondent. During the conversation Investigator Malphurs informed Mr. Fleishman that Respondents were required to file their DS-DE 41 form with Division of Elections. Mr. Fleishman was unaware that the Registered Agent Statement of Appointment form was required to be filed with the Division and THE TOWN CLERK DID NOT INSTRUCT HIM TO DO SO. On January 11, 2010, Respondents filed their new DS-DE 41 form with the Division.

Section 106.022(3), Florida Statutes3

9. Once Regis Brady, Unite Our Town’s original registered agent submitted his resignation to the Town Clerk on June 15, 2009, Respondents were prohibited from making expenditures or accepting contributions until they filed a new DS-DE 41 form with the Division. 106.22 (3), Florida Statutes.

10. Between June 15, 2009 when Regis Brady’s resigned, and January 11, 2010, when Respondents filed a new DS-DE 41 with the Division, Unite Our Town accepted $7,722 in contributions (ROI Exhibit 13), held a fundraiser at Athena By The Sea Restaurant (ROI Exhibit 9), and made $2695 in expenditures (ROU Exhibits 10-13).

11 “Probable Cause” is defined as reasonable ground of suspicion supported by circumstances sufficiently strong to warrant a cautious person in the belief that the person committed the offense charged. Schmitt v. State, 590 So. 2d 404, 409 (Fla. 1991). Probable cause exists where the facts and circumstances, of which an [investigator] has reasonably trustworthy information, are sufficient in themselves for a reasonable man to reach the conclusion that an offense has been committed. Department of Highway Safety and Motor Vehicles v. Favino, 667 So. 2d 305,309 (Fla. 1st DCA 1995).

12. The above facts show that Unite Our Town registered as a political committee with the Lauderdale-By-Th-Sea Town Clerk on October 5, 2007. On June 15, 2009, Unite Our Town’s registered agent Regis Brady, resigned. On June 16, 2009, Respondents filed an updated Registered Agent Statement of Appointment form with the Town Clerk, instead of with the Division, appointing Robert J. Fleishman as its new Registered Agent. THE RESPONDENT’S FILING OFFICER ACCEPTED AND PROCESSED THE NEW REGISTERED AGENT STATEMENT OF APPOINTMENT FORM. THE TOWN CLERK DID NOT KNOW THE FORM SHOULD HAVE BEEN FILED WITH THE DIVISION OF ELECTIONS, AND DID NOT DIRECT RESPONDENTS TO FILE THE DOCUMENT WITH THE DIVISION. ADDITIONALLY, THE TOWN CLERK COULD NOT PROVIDE INFORMATION TO COMMISSION STAFF ABOUT WHETHER IT PROVIDED RESPONDENTS WITH ANY ELECTION RELATED MATERIALS.On December 28,2009, Investigator Donna Malphurs notified Respondent Fleishman that the form was required to be filed with the Division, and Respondents filed a new DS-DE 41 with the Division on January 11, 2010.

Based upon the foregoing, I recommend that commission find no probable cause that Respondent violated Sections 106.022 (1) or 106.022 (3), Florida Statutes.

Respectfully submitted on April 7, 2010 Eric M. Lippman Interim Executive Director”

BC- Time to get a certified Town Clerk in LBTS…who is fully aware of requirements for political committees…and in possession of the proper materials to distribute… At the last municipal election Town Clerk White had the same lack of knowledge when dealing with candidates and what was required to run for office… Add that to an ongoing problem with scheduling and Jewish Holidays… (prev. posts)..enough said… …With the final push coming as it has for those who proceeded her in the previous 3 months…from being a F.O.M…. time to take a hike ….


When: June 21, 2010
Time: Monday at 7:00 PM
Where: Assumption Church Rectory

Dear Supporters:

The suggestions are in and the future of Unite Our Town is exciting. Be sure to join us, this coming Monday night, to say good bye to the old and welcome the new. Your vote is needed to finalize this decision. The new Chairperson will be voted in and the new board will be put in place. I intend to continue my support and fervor for our well recognized PAC committee.

I have very good news to share with you all. Unite Our Town has and will be a strong voice of reason for uniting LBTS. You all have become my new extended family and I’m looking forward to the 2012 election.

We will hold our 50/50 raffle, don’t miss it.

Bob Fleishman,
Chairperson for Unite Our Town

more to come….

Post Division

Here’s The Scoop … In The ” You Can’t Make This Stuff Up” File ….

June 18, 2010 by Barbara


Dear Readers … in the online backup for next Tuesday night’s Regular Commission Meeting  8a. under Approval of the Minutes “October 12, 2009 Workshop Minutes”..Hmmm … 2009?… I needed to look this one up …Could not find an agenda on the Town’s website…so I needed to go back to my own site to see what the Workshop was on Oct. 12, 2009….It was the the Town Manager Performance Review Workshop with the Range Rider!… YIKES!… The former Town Manager’s Performance Review Workshop minutes …were  never approved!… You can’t make this stuff up!..

The 3 page totally substandard… with only minimal description…and perhaps purposeful omissions!…One such omission was on firing the Police Chief.. When Mr Simmons was asked about it…the minutes state he said he fired a police chief…omitted…when Mr. Simmons responded to then-Comm. Dodd ” That’s the riskiest thing a manager can do!” …Also omitted were all the comments from the public comment speakers…all that was in the minutes…their names…including this writer… Comm. comments were also sliced and diced to be lumped together with no name on who commented …and former Town Manager Colon’s long commentary was cut down to the following few innocuous lines…

“Manager Colon explained she was hired by the previous commission and her contract was approved 5-0. She stated she always works according to the law.”

Hmmm….scroll down to the BCbythesea verbatim commentary in a prev. Oct. 13, 2009 post …below the BCbythesea post that followed the meeting …

Just when were these minutes written and by whom…If the answer is recently and Town Clerk June White…then ad it to the long list of reasons White needs to be replaced… in this writer’s opinion …… What else is MIA?…

THE TOWN MINUTES… October 12, 2009 item 8a. Approval of Minutes June 23, 2010….

BCbythesea previous post … October 23, 2009 ..

“Dear Readers as we approach the final meeting for the annual Town Manager Performance Review today at 4 pm …lets go over what came about at the Oct. 12, 2009 pre-evaluation meeting …that would be the 2nd pre- evaluation meeting not to be confused with the 1st pre- evaluation meeting on Sept. 10th…

Mr Simmons of the Range Riders came…he was asked to come by Comm. Clottey …He came to the podium and first stated  he would address the type of government we have in LBTS…”Esther suggested I briefly review that a lot of people don’t understand especially those of you in a town like this where they move from other places.”..As he went on to explain it…at some length with a lot of history of the origins…I found it interesting in content but disturbing that right out of the box he had followed a “suggestion” from the Town Manager that he was going to inform this commission how to evaluate… So much for impartiality… He then spoke of his qualifications stating he had been a former city manager for over 40 years in Florida in 2 towns…then stating” I am not an expert on this subject  [evaluations]. You asked me to speak tonight. I have some feelings and the reason is because when I was hired as manager and certainly I’m not recommending you do this now, nobody had a contract. You just lasted as long as 3 members of the council thought you was to stay there and they had no contract, no annual review, but you know it worked.” I was amused because Mr. Simmons was describing the former TM Baldwin’s “agreement” with LBTS as well as the “agreement” we now have with our current Town Attys. per March 17,2008 on a “day to day” basis…At that March meeting after asking Weiss if he would take a 12 month contract with Mr Weiss responding no, he would never take a 12 month contract ..”I’ll take a contract for a day” McIntee said “That’s even better”..Weiss said “The day you’re not happy with our services”..McIntee replied ” That’s the best answer you could have given!”… Mr. Simmons continued going through info the commission received from FLOCities on how to conduct a performance review….”there are pluses and minuses . In my opinion you should not have to have any review your manager should have good comments all the way around. The reason I say that is because you should not wait annually to tell your manager when you’re forced to do it, that you don’t like something they’re doing. If you meetig with that manager and you should let them know the direction they’re going . You should meet with that person every couple of weeks for 20-30 minutes and let them know because Esther or Esther’s predecessor or one after that they can try and guess but you need to talk to them and they should straighten up and do what you want to do. But always remember, when I say that always remember that sometimes you get one person that disagrees with everybody else on the council and you come in and suggest the question she follow and that’s difficult sometimes because you work with 5 bosses but that is what I would recommend first for good relations with your manager and your citizens. Sit down on a 1 to1 basis.”.” I was totally astounded…did Mr Simmons just happen to use that “analogy” of having 1 person on the dais that disagrees or was that 1 person included in any conversation between Mr. Simmons and the TM prior when she made her “suggestions”?…Mr Simmons went on to talk of his own days of managing…after he said he never had a review he said the following ” The plan you got from Lauderhill is a pretty typical type of plan. My last years they DID review. I did have reviews like that. “…So contrary to the Vice Mayor’s assertions…Mr Simmons himself was reviewed like the Town Manager is supposed to be!…He went on to speak “you shouldn’t wait til you get the press here and make a big deal once a year if you want to get rid of your manager if your manager cannot perform after you’ve talked to them what the majority want. You don’t have to wait a year.”…For Mr Simmons to speak of the press being there further raises some prior input…and later he will backtrack yet again in discussions saying the annual review is required  ..[It is in her contract]…… He was not adequately informed when he said “If you felt like it have an annual review and if you rehire the manager you’ve done a review”…obviously not knowing she has no term and to fire her would cost us $250,000+…He also admitted he did not read the charter and sadly replying to VM McIntee he announced that the manager’s contract was not sent to him!…He went on to say “You’re fortunate you’ve got a good manager and I’m very impressed with the cleanliness and the friendliness of your city and I’m really impressed by the people here who came out tonight at 4 o”clock.It shows you’ve got a town that people care about….I found it astonishing that he would say we have a good manager because the town is clean and people are in the hall…He missed the point that most people were there because of their displeasure with the TM….Mr Simmons then took a question from  Comm. Silverstone to again reiterate the Town Manager form of government…with Mr Simmons speaking also to ethics and managers having a “tough code of ethics, we cannot enter into partisan politics in any way.He [manager] must stay out of it, no endorsing commissioners.”…I thought to myself chalk up another reason to oust this TM who is political in every way, shape and form fro her unequal treatment with commissioners. residents and local newspapers!..Mr Simmons said “Theory is if you want to give them [managers]the authority, you got to give them the responsibility and then hold them responsible.”…”If a manager is not doing there job, bring it up and discuss it. That’s one of the negatives of doing annually forces you to do that which is good, but you don’t have to do it that way”…(Yes, Mr Simmons we do according to the contract)…The Vice Mayor then had his O .J. moment “First of all have you had an opportunity to valuate at all the job our town manager has done? Have you looked into the business of the town at all?”…Mr Simmons said “No sir, I have not” (Hmmm)..Simmons then said “I’ll say this she’s been here a pretty good period of time”…he went on to speak of recruitment and said “I would no individually evaluate your manager.”..(To this writer he already did”…Mr. Simmons spoke of the role of the Range Riders…”to help the manager if they are in trouble”…that it would be “confidential” and they [Range Riders] “would not tell us what they thought.”…So hardly an unbiased group to instruct a manager evaluation as I previously posted…Vice Mayor McIntee”Let me take another avenue, confidence. Is that a common routine for towns throughout the state of Florida to have a public vote of confidence in their town?”…This writer knew instantly the “Truth Deflector” was on the “case”…calling for the CIC orchestrated parade (the one with the ever increasing #’s in revisionist Mc-Furth history) as a “review”…Obviously Mr Simmons was not informed of the “parade” and responded “You’re gonna doing that WHEN you do this evaluation.”..McIntee answered “What if we did it before?” (BINGO!)…”For your information about a month , month and a half ago ago (longer) we did a vote up here and she got a 5-1, 5-0 vote. She’s great we support her and we’re happy with her. So think this is redundant what ewe’re doing now.”…The audience booed and the VM knew that parade and vote of confidence would have been 3-2 if the Mayor and Comm. Dodd were told it was in place of the evaluation….Mr Simmons said “Unfortunately the charter does require a vote of confidence.” I was surprised due to Mr Simmons stating he had not read the charter and nowhere does it say the manager requires a vote of confidence…Mr Simmons went on ” You can almost say, ask attorney give a vote of confidence almost the same as review without writing out. I commend Esther if she got a vote of confidence5-0. You’re doing something right Esther. I always look for that 3-2.” WOW!… What a mess!… Com. Dodd chose to ask Mr Simmons about how he would have acted in certain situations as manager due to his history…Comm. Dodd asked Mr Simmons about a town survey and if Mr Simmons would have brought it to the commission before sending out…Mr Simmons obviously did not know our TM had decided not to bring it to thew commission (prev. posts)..Mr Simmons responded” I think I would, I certainly would.” …Comm. Dodd asked about the Chief of Police and firing him unilaterally …again it was obvious that Mr Simmons did not know about this either..Mr Simmons responded ” That’s the riskiest thing a manager can do!”…the audience went wild…Mr Simmons did go on to say that it was the responsibility of the TM and if he was TM Yes, he would do it too..The small CIC contingency in the hall applauded…What Mr. Simmons might not have known was there was no disagreement about the TM ability to fire the Chief…he was not aware of the aftermath and the manager’s words from the dais at the special meeting with a full Jarvis Hall …Comm. Dodd also asked about RFP’s and the audit…Mr Simmons was a little confused in the response…Mr Simmons went on to say ” Let me tell you ethically when I go the call from Commissioner Clottey I called Esther. You do not come into a community and play one side vs. the other. I’ll give you my frank opinion, but I did not know Esther before that time and ethically you do not do that and certainly she said come I congratulate you on having a manager open to that.”…Why would she be concerned, one manager to’s a win-win…for her…Comm. Clottey felt she needed to do a “McIntee” and say she and Mr. Simmons “had not met until this evening and had not discussed anything.”…Mr Simmons agreed and the mayor said we would go to public comments…NOT SO FAST…The Vice Mayor said  “Point of order, Mayor, Yes , I’d like to read something for an informational basis before the public comments started. Ah, I’ve been advised by camp counsel (?)  to do this. My own counsel. Defamation laws which can vary from state to state have been established to counter balance an individuals first amendment rights which guarantee free speech and the and the rights of an individual to protect his or her reputation. United States citizens are also entitled to exercise fair comment which enables Americans to comment freely even unkindly about matters of public interest as long as their written or oral statements are truthful derived from fact and not intended to be malicious. I just wish everybody in this room to listen to what that says as long as their written or oral statements are truthful, derived from fact and not intended to be malicious. I yield”…The audience yelled “Threat”!…Public comments took place…most were critical about the TM and some, this writer included tried to inform Mr. Simmons about the contract and the facts…He did not seem all that interested…(Once a manager always a manager?)…There was a small group of CIC old- timers who just repeated broad and vague words “fed to them” with no specifics that showed the great divide..those informed and those taking “marching orders”…It did end with Rev. Hunsaker making a statement that was a little out of character from the previous invocations witnessed by this audience and this writer…He related the issue of the Town Manager to his days as a minister and those minister’s who seemed to wear “Teflon”…He felt the previous TM [Baldwin] wore “Teflon”…and went on to talk of this TM being a victim of “Monday morning  quarterbacking” and those without the proper knowledge to criticize…It was a huge shock to those in the audience who are definitely informed and a “boon” to the “Gang-CIC’…with the VM afterward informing the Town Chaplain it was the “best speech he ever gave.”..It became a source for the “Broom-Boys” to use after public comments to disavow any criticism they just heard overwhelmingly from their constituents…This writer cannot believe that was the intention of the Reverend…and found out after the meeting it was not after speaking to him. I do believe the Rev. should clarify his statement at some point in time if indeed it was not received as he intended….(The Reverend did point out also the commissions role and their duties, but that was lost after his opening statement)…


BCbythesea previous post Oct. 13, 2009 …..Town Manager Esther Colon…verbatim …… (speaking after Com. comments)…..

Town Manager Colon-“Thank you Mayor, I know I am not on the agenda to speak but I would like to clarify some issues for the record and most of them I’ll do from just listening to everybody.”

“First let me explain something. I was not hired by the five members of the commission on this dais. I was hired by the five members of the prior sitting commission. I do want you to understand and you can check the record and you can subpoena the previous commission as well as you can subpoena me. My contract was reviewed independently by each sitting commissioner with the Town Attorney. My contract was motioned first motion to approve by Mayor ProTem Chuck Clark. It was second by Commissioner Yann Yanni, it was, excuse me John Yanni. It was approved 5-0. I read an article in the Futures paper and the only commissioner or the only elected official that was truthful in that article was Mayor Oliver Parker. Mayor Parker did not like my severance position and like always I like a good little argument. He did not like a one year severance package. I said I worked too hard in this town during the broom sweep campaign. I’m sorry commissioners it was, we got locked out of Town Hall when you won so I was there. I said if that is any indication of what the residents are gonna do during election time I am not gonna put my heart and soul to run the day to day operations of this town unless I have a contract I’m worthy of. I believe I, at that time I had thirty years of public service and that is a contract that five independent commissioners reviewed with the Town Attorney, did not violate any Sunshine Laws and that is the contract they approved. Two of those sitting commissioners are currently on this dais.”

“A couple of months ago this commission started to divide , the residents started to divide. They believe they can use me as a sounding board. I will go and work with Robert Baldwin any day without a problem for one reason. Robert Baldwin never told me what to do, how to do it. All he told me was as long as you obey the law, you do  what you’re supposed to do. I have always done that in my 30+ years as a public servant. I have one fault and I have criticized this commission publicly once, only once. I have not been disrespected this commission. I have been disrespected by many residents on this dais and I have told you all I like you, I don’t like you but I’m gonna come here and do my job and if there’s one thing I will not allow anyone to do. And when I say anyone I mean my brother, my sister, my father , my mother God rest they’re all in peace, I’m not gonna break the law. The one time that I disrespected this commission was when they gave me a unlawful order. Do we remember that commissioners? And I told them you can direct me to do that and I’m not gonna do it. If that’s bein’ disrespectful and rude well then I’d like to see anyone in this commission put in this audience purposely disrespect the law. I am not a puppet. If you all think that Vice Mayor McIntee tells me what to do, boy you haven’t seen some of our good fights. I will agree to disagree with everybody that’s sittin’ on this dais and everybody that’s sittin’ in the audience and my staff who’s sittin’ up there who’s not even a third of them but boy do we have great arguments everyday too. I’ll tell you one thing that none of you know about me is I am a very fair person. You might come to my office and not like what I have to say. I’m sorry, I believe in black and white. There’s no gray. And if that style does not approve or agree with you well then I believe I requested Commissioner Dodd once to make a motion to terminate my contract. I believe that was the day the vote of confidence came and it was 5-0. Even Commissioner Dodd voted, gave me a vote of confidence. I said Commissioner Dodd if you don’t think I’m doin’ a good job then vote to terminate my contract. I don’t have a lifetime contract. Whoever keeps on inventing that story, I’m not a Supreme Court Judge. I’m a human individual like everybody else. If you don’t like me there’s nothing I can do about it. I’m gonna come here, I am gonna do my job and the only thing I ask and I’m sorry if I do have a problem with that word and many others, is that people don’t try to coerce me because it’s not gonna work. I am gonna do here and do my job until this commission or the next commission wants to do it be the Town Manager and I pray to God that whoever follows suit does not allow any resident or any elected official play political games. Because that is what I’m all about. Thank you.”


ONLINE  ARCHIVED VIDEO  of the Oct. 12, 2009 Workshop..2 hrs 27 min. –

more to come….

Post Division

Here’s The Scoop … The Future Is Here … June Edition Outside & Online …

June 18, 2010 by Barbara

Read the Future!

In This Issue…
















Read It!

Post Division

Here’s The Scoop … Scene And Heard Around Town …. Big Fish…Big Implosion ….

June 17, 2010 by Barbara


The former Town Manager is going on a “fishing expedition”! ……. Shades of her pal McIntee…We hear former Town Manager Esther Colon has made public records requests for Commissioners old and new! …The timeline we are told is Feb 1st 2010 to June 4th 2010 …which means …McIntee and Silverstone should be getting a call if they haven’t already… to produce along with the current Commissioners e-mails…texts…and any other electronic communication with persons or entities … from both Town and personal e-mail accounts…She is  requesting anything that states…the words..”Manager”…Esther” “Colon”..and “search For Town Manager”… WOW!…

The Commissioners I am sure have nothing to be concerned about…NO HOOKS WILL COME THEIR WAY…. This writer can only surmise that the former Town Manger and her “camp” believe their was some secret effort to get rid of her …and to prevent her from her payout…

There was no secret effort that this writer is aware of…in fact it anything but a secret…it was an election!… Every voter …Commissioner …Staff member and the Town Manager herself knew …if they voted for the new majority …it meant this Town Manager no longer served at their pleasure…That’s why she fought so hard to and became so political in the process…in this writer’s opinion… In fact on the campaign trail…at the meet and greets …the Town Manager was always at the top of the list…and despite the cost of her one year’s severance…most of the voters …declared it was worth it to pay it…just to get rid of her… What was not known was the additional large payouts from the benefits ….(prev. posts)..

This writer can only speak for myself when I state ….nothing to find between me and any Commissioner …that is not already a public record and known to all…

The cost to get such words from all correspondence in the Town will cost big bucks…and I sure hope the cost is required upfront from the former Town Manager …Commissioners should require the same as VM Dodd did this before with former VM McIntee….(prev. posts) and was never paid for exercise…The State Attys. Office dismissed the case in the end …(prev. post)…

What a waste …again, in my opinion… The real questions that need to be answered once again to answer the question of an overpayment to Colon or not…What did the Commission prior to Dec. 28,2001 pass to make a change to Bob Baldwin’s pay and benefits?…Did it apply only to Baldwin or all Town Manager’s going forth?….How is Esther Colon entitled to receive her 7 years of benefits …as a Finance Director..receiving what other Directors of Departments received per the Personnel Policy Manual…or is there some document that allows her to be paid that 7 years as if she was a Town Manager?…. Lastly is the language and what is states for her severance and if that includes her health benefits or not…PERIOD!…

The rest is posturing and continuing on with what got the former Town Manager in trouble all along… She could have made things so different…if she owned up on May 22, 2007 to what she added into her contract…not just what she took out…She could have just fulfilled her contractual obligation to have an annual Performance Review…She could have stopped any questions concerning her qualifications per the Charter by speedily answering public requests on her watch and turning over her resume to answer the valid question…Instead she did what she is doing now…She made it  personal …. Old habits ….. Time to put that “Popeil” back in your pocket….



We hear there was a meeting tonight …no details on the outcome as yet…but the lead up to the ongoing implosion …was said to be casting Chief Perkins aside sooner than the July 1st resignation date given to the Town by the VFD just a few days ago after their monthly board meeting…

We hear the Chief is at odds with members …and may have decided to take a few “swipe” as he prepared to go the way of McIntee…The scuttlebutt has been …yet again another leader in the dept. would be facing some paperwork that would make it impossible for the leader to not comply with the department’s decision…For McIntee it was a complaint filed while he was on that fated cruise that stopped the CIC from having heights return to the 2010 municipal election ballots…For Perkins…it is’s that and maybe more…UGH!…

We are also hearing the dynamics have changed in the department…Tomorrows VFD Roster for May …might reveal if this is the case…If so…does that mean the VFD consists of more Associate out- of- Town members than in-town ones?….

A letter sent to the Chief and Commissioners with serious concerns has gone unanswered from former VFD Battalion Chief Patrick Pointu…… The concern for this writer…is not just the “accident waiting to happen” portion of trucks going too fast ..That’s bad enough…but the greater concern is portion concerning the VFD’s insurance …Are the VFD’s men and women safe on the job?… Could there be trouble with the contract with the Town if the insurance is not correctly in place?… Could the Town be liable if it is not?… With McIntee/Perkins out the door … and a new Town Manager and Commission majority in place…it’s time for action…for this second most important letter (see below/ prev. post 10/16/08 scoops/VFD cats.)… from Pointu to be addressed ASAP!….

“From: Patrick
Sent: Fri 6/4/2010 8:51 PM
To: Perkins Robert; [email protected]
Cc: Scot Sasser; Birute Ann Clottey; Stuart Dodd; Chris Vincent; Roseann Minnet
Subject: VFD Complaint

To Robert Perkins, Fire Chief,

Chief, I have been sending you a few letters and phone calls regarding
some safety issues in your department. You have been ignoring them all
and never ever had the basic courtesy of answering. At one time you even
denied having received some letters despite having given copies to your
staff. I would like to remind you that even if the VFD is a contractor
of the Town, you are providing a government subsidized service and are
subject to public oversight and accountability.

As concerned citizen warnings did not worked, please receive this time
my formal complaint regarding your department.

Today, at around 7:07 pm I have witnessed one of your fire engines
leaving the station Northbound on Bougainvilla drive, using lights and
sirens and traveling at high speed. There were three vehicles at the
stop signs on the corner of Bougainvilla and Washingtonia. The driver of
the apparatus, who by the way was not wearing his seatbelt, crossed the
intersection at a speed that I would estimate far above 35 mph. I know
very well that studies showed that heavier vehicle always seems to
travel faster than they really are. However in this case I had a proper
reference with the others vehicles traveling at the legal speed limit,
and the fire truck was way much faster . A car coming from the West of
Washingtonia started to enter the intersection and hopefully halt in the
middle to let the fire truck fly by as the apparatus wouldn’t have been
able to stop in time. The vehicle in front of the apparatus had just the
time to clear the intersection to avoid the collision.

I was shocked by the total disregard for safety and the lack of proper
defensive driving skills of this driver.

I would request you to disclose the name of the driver and the officer
of this apparatus, their fire and driver qualifications, the date of
their EVOC certification and training provider, recurrent driving
training and any corrective actions that you will ask them to follow to
correct this behavior.

Also I would like you to publicly explain at the next commission meeting
your SOPs regarding driving safety and what are the sanctions for not
following them. If you have trouble remembering it, I’ll suggest that
you watch yourself on tape during previous commission meetings when this
subject was already brought up.

You claimed that many of these behaviors were caused by your former
Deputy Chief. Now that he is not here anymore what is your excuse? Why
the policy decisions that you endorsed in front of the commission are
not followed?

Maybe it is due to your lack of presence and supervision of the
department activities. You claimed being a full time paid Fire Chief.
But you are also claiming being a private investigator and running a
beach concession at the same time. I have received many comments from
citizen who left you voice messages but who you never called back. How
many hours are you spending in the department each week? And what are
your activities while you are at the department? How many fire drills
have you been during the last two years? Let me rephrase that, how many
fire drills have you been in the last two years where you trained
(putting on gear, SCBA, pulling hose, flowing water, …)?

I would like to have a list of your fire qualifications and date of all
formal certifying training that you passed. I would also like to know if
you have met the requirement of 633.35 F.S. within the first year of
your employment as Fire Chief or if you were issued a special
certificate of compliance by the State.

Last but not least, as written in my previous letter, I am concerned
that many of your members may not have a proper pre-employment medical
exam that may void their insurance coverage in case of accident (I am
not talking about health and safety annual medical exam, but
pre-employment that should have happened _before_ being a member). I was
reported that WorkComp already denied a claim for one of your member for
this same reason. Will the department cover the members in this
situation on its own money or will you let these members without any
coverage without even telling them. Should not a volunteer fire
department put the safety and health of their members as a first
priority? Is that not your job as you claimed?

All my comments these last two years were to improve the safety of your
department. I have worked beyond reason to improve this department and I
was proud to be a member and your instructor. Don’t make me ashamed of it.

Patrick Pointu”


SEPTEMBER 30, 2008 ….Pointu Letter….

“9/30/08…8:17 am…

Dear BOD, officers or members,

You hired me as administrator until September 30st to organize the department during the transition period that is ending today. I am not happy with the result, we’ve gone a long way, but I was expecting much more. Our SOPs are not ready, no written training goals or recurrent training requirement are in place., the required ICS training are not completed by our older members., the mandatory (by our contract and NFPA) medical exam is not in place, our by laws were not updated and the current ones are not followed, purchasing procedures are not enforced, decisions from the business meetings are not applied, etc….

I have dealt with a war zone, I have dealt with terrorism as a victim, as a first responder or as a law enforcement officer. I have managed emergency operations with as many as 1 million people or a budget over 3 million dollars. Even if stressful, these operations were a breeze compare to the last six months because I was working with a supporting team of people.

I am tired of the lack of support and the constant fights with Jerry. I’ve tried to take on myself to let it go by looking on all the good sides of the work he was doing. but everyone has its limit. I can’t deal anymore with Jerry’s threats,intimidations,insults and constant disregard for procedures,by laws and chain of command.

Some of you may remember the threat he’s made to me two months ago when he wanted to “shove his fist in my ass” and “punch me in the face” or the statement that he was ” the one who brought back the department” and if it is not going the way _he_ wanted that he will “in one commission meeting bring back the BSO to replace us.”

You will also remember that Jerry went ballistic when Captain Scot Fowler countermands his order regarding a probationary member wanted to attend the beach rescue class. When I confirmed it and informed the Chief about it, he threatened me and said I had no authority to change his order. (For your information, our by-laws Jerry as a rank of Lieutenant) That’s one of the reasons why Scott resigned despite what Jerry is trying to let you believe.

I will pass on the multiple instances when Jerry accused me of lying about some facts that were not going the way he wanted or even accused me many times of not following proper procedure for the medical equipment.

Yesterday, the Chief asked me to organize the demo of the battery operated extrication tools for our officers to be able to choose the one we will buy. The company traveled 300 miles to come for this demo. Jerry just canceled it, refused to obey my order or the Chief’s order. That’s when I decided to resign.

That’s not the first time that Jerry is making department policy by himself or taking decisions on behalf of the members. He fired members without prior approval from the Chief, he decided to give $5,000 cash to the chamber of commerce, he throw out of a meeting people that were invited to attend by the Chief.

As I said before I can’t deal with it anymore. Members are calling Jerry ‘Chief’ and are all believing that he is indeed in charge because nobody is challenging it. I hope that on the fire scene there will not be any confusion and proper chain of command will prevail.

I have reached a point where I can’t deal with Jerry anymore and this fight is damaging for the department. One of us needs to leave and the department can’t afford losing him.

I am sure Cheryl will do a good job to keep the administrative work. Please help her by filling out properly all the forms, including the ones regarding expenses.

You will have to find a certified instructor for the Fire 1 class. Beau is in town for a few weeks, he can probably fill in until you find someone.

It was an honor to be a member of this department for all these past years. I’m leaving sad but that’s the right thing to do for the sake of the department.

Please stay safe out there,

Patrick Pointu”

For a while now the rumbling has been heard in and outside of the department… No one wants to dismantle the VFD…but someone needs to save the VFD from themselves…

more to come….

Post Division

Here’s The Scoop … 6/16/10 LBTS – P & Z Board Meeting … Some Proposed Ordinances Were Hard To Swallow …

June 16, 2010 by Barbara


Dear Readers … The first meeting for the new P &Z Board took place last night…It lasted 2 hours and put the newly appointed in an uncomfortable position… through no fault of  their own… The Board began with four members Yann Brandt /Ben Freeny/George Hunsaker/Alfred “Buzz” Oldaker
on the dais…Lawrence “Peanuts” Wick was not present…Alternate Eric Yankwitt came in a little late…(after the vote for Chair/V Chair positions)… The first order of business was to chose a Chair and  Vice Chair… Yann Brandt nominated Alfred” Buz”  Oladaker…(appointed for the second time by VM Dodd)…. and was 2nd Ben…a roll vote was taken and it was a 4-0 vote for the position…Ben nominated Yann Brandt (appointed by Comm. Sasser)…for Vice Chair and George Hunsaker 2nd…again a 4-0 vote ….

Town Atty.Trevarthen was sitting in for James White and she asked the Chair to move item 1 ..the Comprehensive plan last to give the new committee time to get their bearings and to have time to wade through it…It was accepted by the Chair …and so they began…

Questions arose concerning the return to the P & Z of the front yard/ corner lot pools which as previously posted were back due to the lack of the prev. Asst. TM standing in for the always absent Dir. of Development Jeff Bowman… and misrepresenting the recommendation of the prev. board…Now the new board was faced with 2 versions…the one that was turned down making pools allowable in front yards as well as corner lots…and the 2nd version for corner lots only… The start of the exchanges between the new members and the new Int. Asst. Town Manger was a little rocky…and called for both to spend time searching for answers…for some reason Dir. Bowman was again not present and neither was his staff… TATTY. Trevarthen made mention of the lack of assistance leaving Bentley at a “disadvantage” due to the absence…Question is…with such a full agenda… where was Bowman?…No explanation was forthcoming ….The questions ranged from the differences …of the versions..requiring some background from Trevarthen to the fence setbacks and problems that may arise from Vice Chair Yann Brandt…Asst. TM Bud Bentley responded he saw a problem with this as well and Trevarthen stated the setbacks came from the absent Jeff Bowman… Chair Buz Oldaker wanted to know why version 1 was returned when it did not pass the last time… The TAtty. explained to the new members that version 2 was highlighted in yellow to show the differences…problem was the copies the new members received were not highlighted even though Trevarthen thought they went out that way… She read what the difference were… As they discussed version 2…Yann Brandt made the point he saw an inconstancy with allowing fencing in front yards on corner lots with pools but not for corner lots without pools… Trevarthen acknowledged it was for pools to fulfill the requirement to enclose a pool…Walter Keller was brought up to give a brief history of pools in Town…not in the front yards unless there had been a change since he was the Town Planner ..continuing on to explain corner lots and the decision of the front yard being up to the owner… Hmmm. this writer seems to recall that was not the way it was handled for Karen D’Uva last year… A further look needs to be made into fence placement…Yann Brandt moved to table the item until they received drawings if there was no rush for version 2… George Hunsaker wanted to add to that the enclosures allowed would only be for pool and not just a yard…  Asst. TM Bentley brought up a shocker of sorts stating the way the code read with this change you could have a pool on a corner lost in the front yard…the side yard or both…essentially you could have an L- shaped [pool that wrapped around 2 sides of your house…Atty. Trevarthen said that would be covered under the development code not allowing it to proceed… Me thinks that will be worded differently when it returns… Yann again made the motion to table with George’s addition and to check the lot lines …Buz asked to receive the drawings and version 2 in advance of the meeting in July before they sit down at the dais… Ben 2nd Yann’s motion and it passed 5-0…

Item 3 was the fences around developments… to maintain the properties during construction…Buz commented on the poor quality of his backup…as did the others… problems with underlining and print along with no highlights… Ben wanted to know if the verbage could be changed from within 45 days approval to getting a permit noting delays …Later on Bud Bentley said the approval covered more than that…and permit would not work… The discussion moved on to demolition and enforcing greater protection for the neighborhood… Yann thought it might not be necessary for all construction to be required to be fully fenced in…comparing construction continuously underway to inactive sites..George disagreed and said not only did it offer  security it offered a way to keep the dust down…Yann respectfully disagreed feeling that the example of kids getting inside a site would not be deterred by a fence… Buz addressed the snafus that come from owners that have no money and if the Town fences the property then seeks funds from the owners…Ben thought the biggest issue was public safety… Erik wanted to know about some points including the property owners expense when breached and the percentages involved… Yann  asked how the previous boards presented their recommendations to the Commission…George acknowledged  they “purified” it before turning it back …but often the changes never made i back to the Commission…Yann made a motion to approve the ord. with the recommendation to strike paragraph 2 and return to the original language… Trevarthen wanted to add some more language about  SF Management making it impossible to irrigate…Buzz questioned on the need ..Trevarthen said it added “clarity”…Yann n also had concerns about conflicting governments citing a property…Bud Bentley was concerned the removal of paragraph 2 would conflict with paragraph 3…Trevarthen said her office would take the direction and clear up any conflicts… Buz asked one more question about property owners leasing fences ..not payiing ..the lease company comes and takes the fence…who will re-fence …Bud said the owner has a continuing obligation to comply..Looks like another item staff will need to include…as Trevarthen stated there is no such thing as a perfect ordinance…The motion to send and approve with the changes was made by Yann 2nd by Ben passed 4-1 George voted no…

Item 4…was the ordinance dealing with foreclosed/ abandoned  properties…and it brought forth a whole new set of concerns from the members… Buz relayed problems he runs into being the director of condo properties trying to get maintenance done… and foresaw lots of problems with enacting this ord.    Bud Bentley was most amusing in his remarks stating this was an “emerging field” and the staff would face it with “vigor” and “professionalism” going on to discuss it coming out of the recent events in upside down mortgages etc… He touched on conflicting legislation for financial institutions… Buz made reference to this day’s Sentinel and the cover story on the backlog of foreclosures… Yann agreed and touched on the 10m day timeframe when it can take 9 months to realize someone is in foreclosure…He added maintenance is already in the existing codes for properties and this was not worth the paper it was written on… George said it was helpful to identify in our code and that mortgage companies might not notify the Town for single homes as they do with condos who are notified the same time owners are…Atty. Trevarthen offered up staff providing the use and success or lack thereof in other communities and bringing this back… adding a bank faced with fines might pay more attention if they are required to pay,… Ben made that motion with staff looking at Margate/Coral Springs…Yann added a friendly amendment to have Hillsboro/Lighthouse Point ..A rollcall produced a 5-0 vote …

Item 5 was extended hours for businesses …This came from Walgreens wanting 24 hours in season Bud Bentley pointed out it did not include the sale/ service  of liquor…but added it did not prevent an establishment from extending without liquor… George was not for it stating the need was not there and citing CVS who had 24 hrs…and reduced it to midnight ….Ben was not for it either…Yann moved to approve with a 2nd by Erik…it passed 3-2 George ans Ben opposed…

Now it was time for Consultant Walter Keller and the “Amendments to the Town’s Comprehensive Plan to include revisions to address the Broward County Planning Council’s Provisional Certification of the Future Land use Element, the new Public School Facility Element”…Walter explained the history of the plan…along with the long process that takes  up to a year to get through all the meetings…reviews…comments and approvals…with state agencies and the Broward Planning Council… It  covers housing…conservation..transportation…future Greenhouse gases …We were exempt from the school portion until we joined…Walter stated the state determined we needed to have a school facility element….Hmmm. this writer remembers discussion that we could have opted out as SRLakes did…but it was the Town Manager pushing this through…I figured it was another resume builder such as Broward County grants…Walter stated these are mandated changes …He acknowledged this was a lot for anew board to digest in their first meeting and offered to come back… This came after question from Yann on the impacts and rules… Walter touched on the Greenhouse gas …and the impacts on developers…He also spoke about the transportation portion…This writer quickly saw the “transportation” plan that puts this right alongside the Transportation presentation we had last year with Broward Transit and as one “Avid Reader” pointed out to me the plans PBS&J and FDOT have to showcase bus shelters…All to get us out of our cars and on the bus if we want to or not!…He stated the Comprehensive Plan has been in place since 1989 … ….Concurrency 20 years and “smartgrowth” is new… ….Ben asked about the relationship between the school element and the interlocal agreement as well as the recently voted down level of service wanted from municipalities…Walter said the element we have did not change due to that vote…but a change by the Commission will bring changes to that as well…Don’t hold your breath… Atty. Trevarthern explained further this Comprehensive Plan is unique to Broward County after a vote of the people in 1978 …

After some more impact examples on building in the future…new requirements… that will be needed to reduce greenhouse gases…and talk of the rising sea levels (according to some)….Walter offered up this meeting could be a workshop as Atty. Trevarthern offered up the range and scope of the elements could be put together for the board to meet again….Yann was looking for some sort of road map…categorizing and cataloging it  to make decisions…Buz wanted it abbreviated …and George though it was a waste of the taxpayers money due to it being mandated to be done in the end… Yann felt it was too important to not take the time to decipher the content first before approving or not…It was decided to do the road map along with a 5-10 minute premer on the topics…The members would also submit their questions to staff to save time on the dais… It would continue at the July meeting…a vote was taken 5-0 …

No old business…Buz was the only member to comment and apologized for stumbling through… after the meeting was adjourned Buzz could be heard to say to Bud Bentley he thought some staff would be there to assist…

All in all.. the Town’s Development Director and staff need to be improved upon sooner rather than later….

more to come…

Post Division

Here’s The Scoop … June 16, 2010 LBTS-Planning & Zoning Board Agenda … Dry Run … Opening Night ….

June 16, 2010 by Barbara


Dear Readers…new night …new board…a return to P &Z last seen on the dais …the previous appointees on Dec. 16,2009…

Under the Town Charter, the Planning & Zoning Board acts in an advisory capacity to the Town Commission on questions “relating to zoning and on matters of proposals to change zoning regulations, and to report its findings and recommendations on such proposals to the Town Commission. The Board also studies existing Town plans, growth issues and investigates – for approval or disapproval – all new plats to be presented to the Commission. The Board’s five appointed members (plus two alternates) serve two-year terms. The Board meets as needed in Jarvis Hall on the third Wednesday of the month at 6:30 PM.


Yann Brandt
Ben Freeny
George Hunsaker
Alfred Oldaker
Lawrence “Peanuts” Wick


Eric Yankwitt”

BC- Resident John Oughten appointed as an alternate chose to not accept the position…too bad he would have had the summer to make an impression …due to Peanuts Wick being absent ….

Tonight the Board will chose a Chair/V Chair from among those seated… My choices ….Alfred “Buzz ” Oldaker/ Yann Brandt/Ben Freeny …

They received a huge book of the backup material early on…approx. a month ago…so this group should be well prepared and ready to address the issues at hand….






Regular Meeting of the Planning and Zoning Board – December 16, 2009

Request: (A) The Planning and Zoning Board to provide recommendations to the Town Commission to the proposed amendments to the Towns’ Code of Ordinances and the Town’s Comprehensive Plan.

Item #1: Amendments to the Town’s Comprehensive Plan to include revisions to address the Broward County Planning Council’s Provisional Certification of the Future Land use Element, the new Public School Facility Element. (Walter Keller)

BC- Walter Keller got the “gig” once again from former TM Colon…We hear Colon did RFP for someone else …and it did not work out due to a hefty bill she refused to pay… Why wouldn’t the former TM bring that to the dais?…How odd was she if this is so…. The cost for Keller in 2010..asked but not answered thus far…

His contract with the Town produced a copy of the minutes …
Town Commission Regular Meeting Minutes
June 13 2006

B AGREEMENT with Walter H Keller for Planning consultant services.

Excerpts from the 2006 agreement below with 2006 prices….

BC- see backup link below for the amendments…

Item #2: Code Amendments to 30-313 (29) General Provisions to allow swimming pools in the front setbacks. (Jeff Bowman)

BC- This one is a return …it came to P&Z  last year (prev. postt) to deal with the D’Uva variance and setbacks and pools…It was turned down by the p&Z and then not correctly represented to the Commission on the P& Z’s non-recommendation…This Comm. seemed to be in favor of pools in the front yard…Comm. Vincent cited some in his Silver Shores area…and was not opposed…Com. Clottey was also agreeable…This writer recall the Town in the past did not want fencing nor pools in front yards to preserve the site lines …Also the recent drainage study shows a big part of the remedy will be the ROW in front yards in areas such as Silver Shores…This along with the long held belief that sometime in the future sidewalks will come to all neighborhoods along with lights and trees in areas including Silver Shores would severely cut back on who would be allowed a pool…In this writer’s opinion make front yard pools and fences subject to a variance…

Item #3: Code Amendments to 6-42 regarding maintenance of sites under development. (JB)

BC- I agree with what is proposed and hope that the chain link fencing will also be subject to netting for containment of debris…Code must step up and be diligent with scheduled and recorded visits to keep the neighbors happy during construction…

Item #4: New Code Section 11-21 to address foreclosed and/or abandoned properties. (JB)

BC- I look forward to the input from the new board on this hot topic…and will hold off on commenting until after the meeting…

Item #5: Code Amendments to 12-10 to allow businesses throughout Town to extend business hours to provide a greater service and convenience to residents and visitors. (JB)

BC- Ditto!…




Backup link …

Open to the public/ on Comcast Ch. 78 /Live stream online video

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Here’s The Scoop … 6/15/10 Master Plan Steering Committee … Win Some … Lose Some …

June 16, 2010 by Barbara


Dear Readers …. this writer was taken aback as I watched last night’s  MPSC … I saw some things from certain members that was deja vu seen in  past members on the losing side of the last election ….Not at all what I expected to see again…and so soon at that…. .. I Guess when this writer returns home…I may be in need of some of the cast away VFD Bunker Gear left over from outgoing members….

The meeting began a little disjointed…and surprisingly at the table was MIA member and former candidate for Comm. Marjorie Evans …who might as well have continued to MIA with her commentary…(see below)… Committee member Bob Eckblad was not present although from some of the comments directed toward him from fellow member Edmund Malkoon and others he had significant “”air time”…Too bad his comments on the A1A and El Mar Drive projects (online Town website)  were not read aloud after Malkoon read his… Co-Chair Malkoon thanked PIO D’Oliveira for the backup and future archiving of board meetings to be on the Town website as he requested…This writer and others have long asked for this…It is really due to a new Administration and new Commission…that it finally came to fruition…

Chair Paul Novak introduced Asst. Int. TM Bud Bentley who came to give an overview about the Capital Improvement process…which fell on deaf ears, in this writer’s opinion, with the money being spent by the committee going forth this evening…Bentley reiterated what Com. Sasser asked at the first budget workshop June 8th…If the millage rate stays at 3.999 we start out this budget approx. $600,000 in the hole…and those funds which need to be made up somehow by the Town come from the General Fund…He covered the divide between the Town’s portion of the A1A project $200,000+ to the State’s $400,000+…He stated once again we do not have the $200,000 already in the budget…It does not work that way…We need to allocate for it…The only funds we have appropriated are the $58,000 which will be reimbursed by FDOT… He acknowledged that the Finance Dept. is currently doing an analysis of funds for the CIP to see if there are any funds left to go for next year… Bud Bentley again explained there is a misconception that funds are there already for projects projected out in a 5 year CIP…they are not!…

The Reps from PBS&J came to update where we are in the process and answer questions as well as get input …They came with a handout and plans that have been submitted to the FDOT as required by the beginning of June…The timeframe did not allow for input or a meeting with the citizens or the members… Hmmmm….Hopefully this was due to the constraints of the previous Asst.TM and not an ongoing situation no matter who is at the helm… The comments included the “branding” of LBTS with a logo…along with a “residential feel” …limited decorative paving …stamped in the asphalt..pavers are no longer allowed by the state…shade “canopy” which the Rep. stated was 2/3 ( later changed to 1/3) of the $600,000 which “does not go very far” in the “plot” of a mile and a third. …section of A1A (Pine to Town Limits north…same as was done in the early 90’s prev. post..for drainage- planting-decorative lighting…and they also have underground wiring)… Intersections will get the most bang for the buck with “decorative nodes” where people stop… also at the bus stops which will be relocated up to 100 feet for extra Right -Of-Way  to put in benches etc… They cannot change curbs or ramps and may not put in medians (good thing as most did not want them)… “vertical  architectural elements” will come from seating walls …..and there will be “logos” that will add “character for the city-town to be decided with the Town …The trees will be Gumbo Limbo/Live Oak/ Beauty Leaf as well as supplementing trees we already have… Bentley added monies that go into extra elements take away from the landscaping.. Post Buckley  was being conservative and there would also be no street lighting.. and with the submittal things could be altered as long as they stayed within what was submitted to keep on time with the project which is finalized at the end of Dec….any major changes throws everything off schedule…

In the “She hasn’t changed a bit” category……Marjorie Evans spoke about A1A and the hotels with backout parking …not knowing this project was only for the north…Arghhh…

Bud Bentley touched upon a concern staff had with some of the hardscape improvements involving areas of private driveways on the east side and wanted input if there was too much in certain areas…no response came…The description without seeing the plans which unfortunately were not available for the viewing audience sounded like SRClub’s driveway…

Ken Kugler asked about the money being limited to the north and said the north looks nice now…it’s the south end of A1A most in meed of improvements…stating the project is a “nice to do”..”Not a need to do”… He asked if the money was not used for this could it be allocated elsewhere..Bentley answered “yes and no”… He said this money was came from a grant in 2000 as an incentive for annexation (so did the Palm Club sewers and the Town took a $200,000+  loss and said no to that one 2 years ago as well as the Jarvis Hall enclosure etc.. etc… etc…)… The area for the grant cannot be changed …but the money would be available if the commission decided to use elsewhere if not allocated for this project… He also answered the question asked at a prior meeting of the committee stating they had an opportunity to go to the MPO and scale down for the matching request… He added these kinds of expenditures take a long time to get and landscape is aging in Town…

The first “tussle” between members took place when Helene Wetherington took  shot at Kugler stating it was not purview to debate prioritizing the best use of funds..that was to come from the Comm…She would be the first of quite a few members who were wrong on their direction from the Commission… Edmund Malkoon thought SRLakes could contribute with trees as they had plans already in place for planting and had earlier indicated they were awaiting the plans from the A1A project…Later on it was answered that the land in front is A1A property not SRLakes…and falls under the A!A project monies… (Why are they not contributing then?/ Or are they?)…. Ken Kugler took the opportunity to “tussle” Helene back stating  that they were absolutely there to debate and recommend to the Commission…(He was correct)… Helene went on from there asking about the actual walk the committee went on and if they feedback made its way to PBS&J…the answer came back no…Seems someone dropped the ball due to there being 2 meetings in May and questions PBS&J said needed to be directed through the Town were supposedly being addressed per Malkoon’s statements at the 2nd meeting in May… There was more discussion on the elements…and then the timeframe going forth…FDOT will review and get back to PBS&J in the next month… PBS&J stated in this time as they await the review and comments they are also looking for input into the actual design from the committee …Helene again brought up the beach access…something the committee needs input from the north area residents about to see if they still do not want the entries to the beach more pronounced to the public…Edmund asked about the condo’s and “not interfering ” with their landscaping…The reply was PBS&J were “sensitive to that but they (the condos) may be more  sensitive “… Later on Malkoon would state the condo’s will not be touched…the ‘sensitive” statement does not jibe with that assertion…Helene asked about coverage around utility boxes and PBS&J said they could look into ways to mitigate it…WE have been told repeatedly in the past …no way…After was some discussion on signage …

Paul stated that Commissioners were in the room and perhaps they could answer what they were looking for after the “tussle” of Kugler and Wetherington over the role the committee was to play ….Edmund Malkoon said he did not read that in the minutes or the direction from Comm. Sasser was anything more than the design…

Asst. Int. TM Bud Bentley correctly came forward to state and inform Malkoon that at the budget meeting with the “reality of the budget system being more apparent” the Commission wants a recommendation whether to proceed or not…

It was time to go around the table…

Sandra Booth was not ready…but later did a real about face from her prior stance at previous meetings.. Now in support of the project…..stating people are drawn to memorable places like LBTS…She like the simple design and “as a single project we could recommend we support it.”…

Co-Chair Edmund Malkoon read his “personal e-mail” that he sent without the committee on May 25th to the Commission (on Town website backup) stating he wants this…it’s for the good of the whole town…it was promised at annexation…will raise property values  and it benefits half the population…also he  misstated the impact on condo landscaping ….He took aim at Bob Eckblad’s written input (Eckblad’s was  correctly sent to the committee/Commission/ concerned citizens ..on Town website backup ) stating he could not understand Bob’s “lack of support” for the project and dissing him on his prioritizing the spending of funds in these hard economic time…very uncool ….

Ken Kugler said he would be brief and said he too would like a unified LBTS…he still felt there should be a grant for the south end of A1A ..North side was already beautiful …asked and answered will go with the committee…

James Rogers agreed with Ken the money could go elsewhere was a low priority…as he stated previously in past meetings…

John Panitsas stated A1A can be unified but it was not at the top of the priority list …he did acknowledge the bus shelters…design and signage…

Helene Wetherington had no recommendation…(although it was clear she was for the project )…

Marjorie Evans said “it as very nice up there” (north end) but it was “hot where the condo’s aren’t”…She stated if the money was “earmarked ” the $258,000 and the decision was made long ago to carry it out…she “was on the fence”…HUH?…

Paul Novak was also a surprise to this writer in the change in his stance from prior meetings as he posed the question to Ken. John and James where the money would go… Ken responded with the same answers Paul himself had stated in the past months..drainage…El Mar and the Pavilion improvements… infrastructure ….

Bud Bentley interjected making two points yet again…the money is not there…it will need to be budgeted …and the Town’s match will come from the General Fund … “significant policy decisions” will need to be made…and again stated the match could be reduced…Again there were no takers…on this committee…will there be any on the dais?….

Helene asked about “in-kind” matches…using taxpayers as labor…or donating the benches from the Town..with plaques of the donors… Bentley said no way would the FDOT allow citizens to work construction on A1A… After construction the benches could be looked into..

Marjorie again showing she hasn’t changed a bit since campaigning…all roads lead back to her life collecting donated big money trough her non-profit …telling the committee about $200,000 Lowe’s gave in equipment to her group home and it was used as a match…She then did a “Marjorie” by turning around to the Int. TM and asking what their job was…to “decide if we like it”…”I’m confused”…

Int. TM Hoffmann came forward and again stated the desire of the Commission at the Budget CIP meeting wanting to know from MPSC if they should go forward…get out …or scale down…

Malkoon did a “Mark Furth” and said he did not think commissioners should come up and give their personal opinions  ..they ” don’t need to hear from the Commissioners”…. adding that commissioners speaking at their committee meeting without the full commission would be influencing the committee…He said he would asked for “clarification from the Commission”… YIKES!…  DEJA VU!… In 2008 Mark Furth and then McIntee/ Silverstone declared the same charges of “influence peddling” to then-Comm.. Stuart Dodd…(also in the hall last evening)… when he chose to speak and comment at the MPSC meetings…WOW!…

Ken Kugler stated the Int. TM and Int. Asst.TM made their mission clear…it was time to go ahead and vote… adding Paul now feels it’s time to move forward with the project…

Comm. Vincent actually stood to speak after Malkoon’s comments about Commissioners  and was totally “PC” in his comments thanking the committee and everyone that spoke stating he was not there to give his opinion and he agreed with “Mr. Malkoon” about it being influential at some point…Everyone will vote and …get a consensus and bring it to the Commission… Big let down ….

Edmund’s mother stood to speak and came to sit down at the table…she stated she hadn’t planned to talk but agreed with her Bel Air neighbors about the divisiveness  felt in the north …spoke of her role in getting the annexation approved by those who opposed it…

With that…a vote was taken 5-4 to go ahead…

For spending the $200,000+….Edmund Malkoon (Co-Chair)/Paul Novak (Chair)/Sandra Booth/Marjorie Evans/Helene Wetherington

Against spending the $200,000+ ….Robert Eckblad/Ken Kugler/John Panitsas/James Rogers

After the vote Paul stated PBS&J would return on July 20th for further discussions after FDOT responds…later on in the meeting after further discussion from the group on community input and Charettes for this and El Mar Drive…the Int. TM sat at the table to inform them they had $5,000 allotted to them per the Comm. and to inform them of the hefty cost when these consultants come..Last month when Ocampo came the cost was $1000 …on that note…the very same members who were not concerned about spending $200,000+ went along with Marjorie when she said “we don’t need them in July.”… Hmmm …..

The A1A project segwayed into El Mar Drive…and here Readers…all you have to do is go back and take a look at the prior meetings on El Mar Drive to see the jest of what was discussed…Non- El Mar Drive residents on the committee telling longtime El Mar Drive residents and business owners what’s what… Quite interesting that the same north side residents who state a divisiveness  from the south …feel no compunction to refrain when it comes to the south end occupants who keep emphatically stating they want to keep 2 lanes on El Mar Drive… Front and center on this was again Co-Chair Malkoon who sounded very much like Comm. Vincent of late…….as the lanes became the focal point for another round…ad nauseum ….

Each member was asked for their input…which ranged from the 1-2 lanes… backout parking…size of sidewalks…bike lanes…medians…crosswalks…green space…shade trees…lights…drainage and underground utilities… Infrastructure was resoundingly the most important…followed by the rest…

Moments of UGH…came from  Helene Wetherington  adamant about the Master Plan from 2005 being the only “true public input” ..(Ken Kugler vehemently disagreed with her once again)…

Marjorie wasn’t done with her painfully uninformed comments of the night…asking why we were letting Minto…(she was corrected it was Oriana) define how the monies could be used…(on El Mar Drive) ….”They’re not even citizens here.”…She went on to state “If it’s a contract hire an attorney and fight it.”… Arghhh…

Paul ended the comments by stating he was for the “whole enchilada” …2 lanes..wider sidewalks if the telephone poles are removed… in 2 phases possibly and that the Town should borrow $4 million to do it at a low interest rate…reminding all that in 1962 the Town Mayor spearheaded the money being borrowed for the sewers and it was the smartest thing he did…

Not done yet it re-wound to the lanes once more…how many lanes it takes to back out into and on and on and on……Ken Kugler finally suggested they make a decision on the lanes as they did on A1A…1 or 2 lanes and move forward…(Kudos to Ken this evening!)…

Sandra 2 lanes/ Edmund 1st for traffic study..then to move forward…and after seeing the majority changed his vote back to traffic study/ Ken  2 lanes… move forward/ James  re-open- 2 lanes…then 1…then ?…/ John 1 lane- re-open/ Helene 1 lane/ Marjorie no decision….2 lanes? / Paul 2 lanes…Ken added Bob was for 2 lanes per his letter…

It ended with Paul stating infrastructure …2 lanes …2 phases… “move forward”…..

BC- Any bets?…The Commission is now between a rock and a hard place… Will they go with the recommendations of this committee and spend the money on north A1A and  infrastructure – etc on El Mar Drive…with a Charette in August?….Will south end residents and businesses once again rise up about it being their time to get monies for improvements?….Will walkers on El Mar Drive come and fill the hall for 2 lanes?…..

Deja Vu…Readers…… 2 Deja Vu’s….

more to come….

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