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Here’s The Scoop …This & That … 2011 Jewish Calendars Required / CRA Keeping Up With The Joneses?/ Make Mine A Bike Lane ….

September 8, 2010 by Barbara

BC- LBTS dodged the Jewish Holiday blunder this year…A look at last year’s prev. posts provide what went down in Town with more than a few “dark moments” coming from still employed as Town Clerk June White (she still cannot get dates and holidays correct …she needs to go!) …and the former occupants of the dais that were ousted or terminated…after trying to wiggle their way out of the situation … Especially the former VM who went over the top in trying to smooth the fallout with statements and actions that were akin to “some of my closest friends are….”

Sentinel…

“Mayo on the Side

Budget hearings conflict with Jewish holidays

It’s unimaginable that any Florida governmental agency would schedule an important meeting for 5:30 p.m. on Christmas Eve.

In South Florida, where there’s a sizable Jewish population, it should be just as unimaginable to hold big budget hearings at sundown of the two biggest holy days on the Jewish calendar, Rosh Hashanah and Yom Kippur.

But that’s exactly what two South Florida taxing agencies — the South Florida Water Management District and the Florida Inland Navigation District — will do this year.

Granted, these agencies don’t take big bites out of property owners’ tax bills and their budget hearings, both held in West Palm Beach, usually don’t attract many residents.

But the scheduling is insensitive and could have been easily avoided.

Representatives of the two agencies said they have not gotten any complaints about the conflicts. And they said there are ways for residents to give input without attending the hearings, such as sending comments by e-mail or fax.

The South Florida Water Management District, which oversees South Florida’s water supply along with canals and the Everglades, will hold its first budget meeting this Wednesday at 5:15 p.m., at its headquarters at 3301 Gun Club Road in West Palm Beach.

Rosh Hashanah, the Jewish New Year, begins Wednesday at sundown.

The Florida Inland Navigation District, which oversees the Intracoastal Waterway, holds its first budget meeting on Sept. 17 at 5:30 p.m. at the West Palm Beach city commission chambers, 401 Clematis Street.

Yom Kippur, the solemn Jewish day of repentance, begins at sundown on Sept. 17.

“We weren’t aware of the conflict when the meeting was set,” said David Roach, executive director of the Florida Inland Navigation District.

Randy Smith, spokesman for the South Florida Water Management District, said residents who can’t attend the first hearing can give input before the final budget vote is taken on Sept. 21. For more information, residents can call 561-686-8800.

Both agencies are keeping their tax rates level, meaning they’ll be collecting less in property taxes because of the decline in home values.”
http://weblogs.sun-sentinel.com/news/columnists/mayo/blog/2010/09/budget_hearings_conflict_with.html

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http://www.mypompanobeach.org/cra/index.html

http://www.delraycra.org/

http://www.hollywoodbeachcra.org/

http://ci.ftlaud.fl.us/cra/index.htm

BC- As we take this journey to decide the future of LBTS and the possibility of a return to having a CRA …Pompano Beach will have their 2nd public meeting this evening… Unfortunately it will not be on their webcast…But a look at their CRA webpage (link below) shows this time around the Town has hired the same people that were successful in Delray Beach…(Readers will remember Delray came to the MPSC and offered aid in the process of any upgrades in town …big or little as well as graciously offering to tell us what went wrong  and how to avoid those pitfalls!.. The offer fell on deaf ears!)…..Hollywood..Fort Lauderdale …They also acquired a $15 million dollar 20 year bond in February…  It’s a chance for all us “novices” to see what the process looks like…And perhaps in some way…shape…or form join our neighbors in moving forward instead of being left in the dust!…

Pelican…..

“CRA planning
meeting, Sept. 8
The Pompano Beach
Community Redevelopment
Agency, or CRA, will seek
community input during the
second of three public workshops
for the proposed Downtown
Pompano Connectivity
Plan on Sept. 8 at the E. Pat
Larkins Community Center,
520 Martin Luther King, Jr.
Boulevard.
Design alternatives will be
presented for the public rights
of way throughout Downtown
Pompano including areas
along Martin Luther King, Jr.
Boulevard, public streets and
sidewalks throughout the Old
Pompano area/FEC Corridor
and within a new City Hall/
Civic Campus proposed south
of Atlantic Boulevard at Dixie
Highway.
A final community meeting,
to be held later this fall, will
present recommendations to
be brought forward for final
approval by the CRA Board.
Approval of the plan will
enable final design of landscape
and streetscape plans
so construction can begin in
2011. ”

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BC- FDOT will be making less lanes!…Who knew?… It sounds much like what was being proposed to lessen the roadway on El Mar Drive recently from the MPSC instead of making the roads less lanes all the time.. to accommodate parking etc…. MPSC meets Tues. 9/21/10 at 7 pm for an update and presentation on the FDOT A1A Project underway from Pine to Terra Mar …Will the price be reduced and more be revealed about the “deal” we heard took place with SRLakes years back (prev. post)….

Sentinel-
“A1A lane-reduction project gathers momentum
September 02, 2010|By SEAN D’OLIVEIRA
After a recent public meeting, plans to modify A1A between Oakland Park Boulevard and Flamingo Avenue in Fort Lauderdale are moving forward.

The proposed upgrades along A1A are part of a resurfacing, restoration and rehabilitation project that is being orchestrated by the Florida Department of Transportation in order to extend the life of the road. The plans call for a reduction in the number of road lanes along that portion of A1A, from six to four. Stripes will be repainted, medians modified, curb ramps added, street signs updated and landscaping improved.

“This is not a typical project,” said Michael Melendez, engineer of record for the project. “You usually don’t have many opportunities to reduce the number of road lanes.”

The lane reductions were recommended after a study indicated that the road could be changed without interrupting traffic flow.

A major feature of the project will be the addition of bicycle lanes. There will be a 6-foot bike lane that will not be separated from the road by a physical barrier.

“There’s a lot of bicycle traffic in the area with no bike lanes, so I think the bike lanes will be a big addition,” said Jim Hughes, project manager for FDOT.

Officials hope that the reduction in traffic lanes will reduce speed and permit more pedestrians to use A1A and visit businesses in the area.

“You can see where people speed up because of the open corridor,” Melendez said. “One of the benefits will be to slow down traffic, not to the point where it obstructs traffic, but to allow more pedestrians to walk on the sidewalk and bring more exposure to businesses along A1A.”

While the project is funded by FDOT, Hughes said the department always tries to coordinate with cities to rehabilitate and extend the life of roads.

The design plans will be finalized in May, with bid for contracts expected to take place in September 2011. Construction is tentatively scheduled for early 2012.”

http://articles.sun-sentinel.com/2010-09-02/news/fl-hrb-beachproject-0902-20100902_1_bike-lanes-a1a-lane-reduction

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more to come….

Post Division

Here’s The Scoop … The Waning Days Of Summer In Lauderdale-By-The-Sea …

September 6, 2010 by Barbara

WINDING DOWN …. TO WIND UP FOR FALL ….

Anglin Pier …

Dear Readers … the word from those who keep in touch …the Town is quiet…not much going on…as we wind down from summer and wind up for Fall … which will be quite a different story…We have the budget meeting on Sept. 13th at 7 pm…Reg. Comm. meeting on Sept. 14th at 7 pm…The following week is the Reg. Comm. Roundtable at 5 pm on Mon. Sept. 20th…Tuesday at 7 pm is the monthly Master Plan Steering Committee meeting with a presentation by Asst. TM Bentley and perhaps representatives of the plans for the A1A FDOT Project…(no agenda as of yet…will post when received)….Wed. night is the Planning & Zoning Board at 6:30 pm dealing with codes brought forward from previous Roundtable discussions such as these from the agenda ..
“NEW BUSINESS
Request: The Planning and Zoning Board to provide recommendations to the Town Commission to the proposed
amendments to the Towns’ Code of Ordinances.

Item #1: Permitted uses in the B-1 and B-1A Zoning District

At the July 14, 2010 Commission Roundtable meeting, direction was given to staff to broaden the code to become more business friendly. Consultant Walter Keller reviewed the existing business uses and commonly accepted business uses in the B1 and B1-A zoning districts. Walter has provided a suggested listing of uses for your review and recommendations. ( Walter Keller, Consultant )

Item #2: Amendments Section 30-313 (31) Accessory Buildings and Structures.

At the June 9, 2010 Commission Roundtable meeting, direction was given to staff to move forward with drafting an ordinance amending the code to address sheds and storage containers that do not require a permit. ( Jeff Bowman, Director of Development Services )

Item #3: Amendments to Chapter 30-22 Adopting Zoning Relief Procedures ( Town Attorney Susan
Trevarthen )

At the Town Commission meeting of July 27, 2010, the Commission authorized moving forward with amending Chapter 30 “Unified Land Development Regulations” of the Town Code of Ordinances by creating Section 30-22 “Zoning Relief Procedures” to provide for a zoning relief procedure to address possible unintended violations of federal and state laws in the application of the Code or its related rules, policies, and procedures. This proposed amendment provides a preventative procedure to protect the Town from legal challenges, and facilitates the resolution of disputes.

Item #4: Amendments to Chapter 30-501 Adopting Severability Provisions to the Sign Code. ( Town Attorney Susan Trevarthen )

At its meeting of July 27, 2010, the Commission approved the Notice of Intent to move forward with amending Chapter 30, Article VIII, Sign Regulations, of the Town’s Code of Ordinances. These revisions to the sign code enhance severability provisions, resolve internal conflicts, and enhance defensibility in light of recent case law. Several minor changes have also been bade to address inconsistencies and implementation issues identified by Town staff.”

The second and final budget meeting to adopt the FY2010-2011 Budget will be held on Mon. Sept. 27th at 6 pm with the second Reg. Comm. Mtg. the next night, Sept. 28th  at 7 pm …

While it may seem quiet out and about to so many …there has been some action going on in town ….and behind the scenes even more so ……

The Pier has been busy with being the background for a TV series (The Glades …prev. posts)…but also for an ad on national TV for a diabetes drug…It shows a man fishing on the Pier…This writer was informed it was done about 4 months ago…So keep your eyes open for it…The funny coincidence was I had the local channel on while searching the guide to record the series The Glades to make sure to catch the Pier episode in the future when this ad came on!…

The Pier alleyway opening is progressing with the aid of the Town and the county to get it correctly striped with the proper signage to be used as it should have been all along…

The Valet service has had some hits and misses in its trial period thus far…One report was distributed (prev. post) with another substantive report coming (?) and some fine tuning will come as well to have it continue on in season…It will be included when the Town Administration and Commission along with the aid of the P & Z  deal with the antiquated and stifling parking requirements downtown…

Earlier this summer this writer unfortunately posted misinformation of a business closing after hearing the news from reliable Townspeople who passed on information told to them in the same manner…It was not done maliciously, and after a second business was also cited by quite a few as being closed, only to find it too is open as well …better PR for business in LBTS  is needed ASAP …because if the locals are so sure these businesses are gone or going… what about the visitors?…

The timing of coincidences has always amazed me…that it happens so often even more so…This writer was sitting at a Cubs game last Monday night and heard the women behind us speaking about this website called Groupon…Low and behold the next morning I received an e-mail sent out by local LBTS resident/Realtor/and new BTSFuture staffwriter Shevaun Steward-Kuhn, (GRI, GREEN Fine Homes Specialist Better Homes and Gardens Real Estate, Florida 1st www.ShevaunsRealEstate.com Direct 954-817-0606 Fax 954-525-7650) …It’s just one of the many informative e-mails Shevaun sends out …

http://www.groupon.com/fort-lauderdale/

The liaison program this Commission brought forth at their procedural meeting is a success whether it has been under an official liaison designation from the dais or acting in that capacity to either aid a constituent or fulfill a campaign promise…it’s working!…

Com. Sasser has been instrumental in helping the Choice Environmental Services situation as well as working with the Chamber presently on the budget for next year… Mayor Minnet worked successfully with the contract for Ms. Hoffmann as Int. TM and is now again working on the new contract after the 5-0 vote on Aug. 25th… Comm. Vincent though not designated liaison from the dais,was successful in aiding with the Pier alley access and the valet service trial … as well as the public bathrooms…now on hold…. Vice Mayor Dodd has been successful in having so many of the items he championed and were ignored by the previous Commission and Administration brought forth by these new Commissioners taking them on as “liaisons” and having them finally pass …(prev. posts)…He has unofficially been working as a liaison on the Artificial Reef Project with carrying out tests on the original buoy and opening up transparency with those involved in the project thus far…and the new Administration… to try and see if this can project can come to fruition …(see previous post)..

In October the Chamber will again have their Annual Fish Fry …the location this year will be Jarvis Hall …mark your calendars for Oct. 6, 2010!….. Make sure to check their site for updates on business…craft  fairs and events… http://www.lbts.com/chamber.html

Commissioner Sasser and his wife Teresa have been hard at work with getting Halloween ready and from the sounds of it…it’s going to make for quite some eye-candy as well as the bountiful trick or treat variety! …This writer will post any upcoming posters and photos when they are available as was done for Easter and July 4th…Stay tuned and get your costumes and Halloween bags ready for one tricked-out event in Jarvis Hall for Halloween 2010!…

Looks like the “goal post” has changed in where the future problems are going to be concerning the sewers and a Town Master Sewer Plan agreement with Pompano Beach… First, the Pompano Beach Commission voted to raise the water/waste last Thursday in a re-do …Our Town Manager Hoffmann caught the lack of proper notice before it was revealed in the newspaper and sent a memo to that effect to the Comms…. That will result in a big “hit” for all the LBTS customers as warned …and while it seems likely that SRClub and SRLNorth Condos will now be expected to pay any surcharge etc…just as other condos in the south and cover any expenses charged to the Town instead of what was covered previously in the behind the Town Hall doors decision made by just a few since annexation..It will most likely be a major stumbling block in any new negotiations with Pompano Beach for a Townwide Master Sewer Plan that tries to include the annexed north end of Town due to the decision made of turning over the new sewers after the change from septic!… This writer is trying to find info on that decision and why it was made…leading to what now appears to be a major blunder!…

…………………
Sentinel …Excerpts…full text link below…

“City commissioners approved a 22.6 percent increase to a typical water bill in the city on Thursday, reaffirming an action they took in July, but this time with many more angry residents on hand.

The commission had to take up the issue again because city water users had not received proper notice about the July public hearings. The extra notice made a difference.
But city officials said the current rates have not covered the cost of providing water and sewer services. The city had to dip into reserves for at least the past three years — including $3.4 million this year — to make up the difference, officials said.

“We can’t afford to let the citizens of Pompano Beach get gouged left and right. It’s too much. It’s too fast,” resident Richard Elie said. “If you want to chase us away, keep giving us these shock increases.”

The increases will appear on water bills in two phases, in September and January. A typical residential customer using 10,000 gallons of water a month will see almost a $14 increase in their monthly bill, to about $75. Someone using 20,000 gallons a month will see a 29 percent increase, or about $25, bringing their monthly bill to about $112.

Even with the increases, officials said the city’s rates would still be the fourth-lowest in Broward County.

Commissioners said the city water and sewer services have to be self-sustaining and pointed to the myriad federal and state regulations that drive the cost up.”

http://www.sun-sentinel.com/news/broward/pompano-beach/fl-pompano-water-rate-increase-20100902,0,4527494.story

……………….

The VFD should be meeting this week to elect their new Chief …will it be for one year or two?…Will they make changes to their by-laws and SOPs?… Is there still some inside scuffling going on?…Will they agree to a new contract and a lower amount ($700,000 FY2010-2011)?….Will the volunteers show up for calls and drills if the $’s are not there as incentive?…. Will there be a surprise change in other leadership roles?… What about signing onto not controlling the apparatus fund or not automatically receiving a 4% increase for the remainder of the contract?… Will oldtimers come back into the fold to save the VFD?… We will know soon…

Some things never change with old personnel still in tow in Town Hall… A memo sent out to the Commission on Sept.1st was addressed to VM McIntee and Comm. Silverstone!… When the latter was caught by one Comm.  another leftover staff member was not the least bit chagrined, we are told…just more of the same old…same old…Time for some more changes after the budget is adopted!…

Speaking of old staff …we heard former Finance Director King left a message for a recommendation for a new job with one Comm. a few weeks back…The Comm. did not comply…Thank goodness after all that keeps coming up after her departure…..As for the former Asst. TM/Int. TM JohnO…He sent the Int. Town Manager two more letters asking for a change in his termination with cause (the 1st June 24, 2010 letter was previously posted with the July 6, 2010 reply from Ms. Hoffmann)… In the subsequent letters Olinzock sent to Ms. Hoffmann on July 21st and again on Aug. 11th 2010 …he made claims in the second letter of a difference in being titled “Acting” Town Manager vs. being an Interim Town Manager and claims of being “polled” by Commissioners along with claims of the need for another public meeting to stop any outgoing checks to terminated Town Manager Colon due to sunshine…as well as claims of Charter violations… He also makes references to eight “attachments” …In the third letter he states he is again appealing the revision to the terms of his dismissal of employment as outlined in the Town Charter sec. 5.5 and states “you are responsible to the Town Commission for the proper administration of all affairs of the Town coming under your jurisdiction and this responsibility is inclusive of the 14 subsections of this section. ” He points out this was his third time addressing in writing this issue with Ms. Hoffmann and ended with “Please provide expedient resolution of the referenced issue. I request that it includes payment of moneys owed for severance, annual leave, and sick leave, as has been standard procedure for terminated employees of the Town.”… Int. TM Hoffmann replied on Aug. 12, 2010 to state as she previously informed Mr. Olinzock she provided a copy of his first June 24, 2010 letter to the Commission asking to rescind their decision to terminate with cause…They chose not to rescind that decision…She stated she would forward the two new letters to them but stated she did not anticipate they will act upon them (She did and they did not act on them)…She also stated that his July 21, 2010 indicated attachments there were none attached!…She stated his letters indicate he is appealing the Town Commission’s action and there is no appeal procedure for an Acting Town Manager provided for in the Charter or Code of Ordinances of which she is aware of!… She went on to state “The Charter is clear that the Town Manager and Acting Town Manager serve at the pleasure of the Commission and may be removed by the Town Commission at any time.”… She further stated that the Town Atty. “advised the Town Commission that their actions in dismissing you and amending the dismissal to be with cause were lawful and opined that the Town has no obligation to pay you for accrued annual leave, sick leave, or severance pay. While it is obvious that you are frustrated by these decisions, you are mistaken in your belief that I have the authority to override the Commission’s decision to terminate you with cause or their direction to not provide any further compensation to you. Given the Attorney’s opinion that you were in the employ of the Town Commission at the time of your dismissal, it is clear that the issue falls under the purview of the Town Commission, not the Town Manager.”… Prev. posts..show an accurate account of what transpired as well as Town archived special minutes…No “polling” took place or breach of Sunshine…Just Commissioners and Town Attorneys doing their due diligence to avert an overpayment independently…Their concerns were well founded in the aftermath of the payouts made to Colon under the direction to proceed made by “Acting” Town Manager John Olinzock!….

So where do old Commissioners go anyhow… Some leave town …head north and go golfing…
“• Treasure Coast Golf Scores: Aug. 5, 2010 » TCPalm.com
Aug 5, 2010 … PIPER’S LANDING. White Hats (7/28): 1, Craig Harlan, Robert Marshall, Jerome McIntee, Wayne Schrader. White Hats (July 31): 1, … D Flight: Jerry Horne def. Lou Deangelis 5 and 3. Round 4, D Flight: Emil Kapcar def. …. Business: e.g. salon. Location: e.g. Stuart, FL. Powered by Local.com …
www.tcpalm.com/news/2010/aug/…/no-headline—spt_golfscores_c2/ – Cached
• Treasure Coast Golf Scores: July 8, 2010 » TCPalm.com
Jul 8, 2010 … Men’s Day (June 30, 2-Man Scramble): 1, Jerry Todd, Paul Krause, 57; 2, Dr. Tio, … PIPER’S LANDING. White Hats (June 30): 1, Craig Harlan, Robert Marshall, Kimber Vought. White Hats (July 3): 1, John Duffy, Jerome McIntee, …. 10 troubled Fla. banks Updated 8/26/2010 at 10:25 p.m. 7 comments …
www.tcpalm.com/news/…/no-headline—brief_spt_tc_golf_scores_c2/ – Cached”

Some get married … (congrats) ….and may claim to be happily  out of politics …but offer far too much input for this writer’s comfort  level to new Finance Directors …if the heads- up is so….when they are not qualified CPAs  …having no degree in finance and falling hook, line and sinker for all things Colon in the past…Advice to the new Finance Director…any questions on past finance call others in Town and John Thompson…

Others who have been sidelined even longer…try and fail for public office…as they decide whether to remain in LBTS or make a new start in Lighthouse Point?…. While one El Mar “stakeholder” claims he too is out of politics while a big yellow buoy sits out front his motel …Hmmm… guess “politics” by Blackberry doesn’t count?….

This writer is told the CRA issue brought up in previous posts has some thinking it will be the cause du jour to sink the new majority and new Administration…That’s only so if the previous players are again successful at parsing words and throwing out half-truths and fear-mongering… They failed to do so in the last election …and should again even if they have any traction left in Town…This writer has written we need to bring back the possibility of the CRA and other comparable ways to decide how to revive the stagnant town left in the wake of the all or nothing gang when it comes to development in Town… I merely want all avenues re-opened and all those who are knowledgeable in how to succeed to come back to the hall and participate…

That being said…we now hear the “which comes first the chicken or the egg”may be in play as well…as the Vision Meetings need to come before the Master Plan Steering Committee makes any revisions to the 2005 Master Plan …with the P & Z coming in the middle…

Lilly 4 & 1/2 mos…1st haircut (Nana cut her bangs)/playing the piano on the stand and play….

Last up…this writer will be coming home in November …December and each month after that as Lilly grows (5 months on Sept. 18th) …It  allows for Nana and Papa to make it back regularly… and yes …..Lilly will make the trek next spring as well! …

Happy Labor Day Readers….

more to come….

Post Division

Here’s The Scoop … The Lauderdale- By-The- Sea Artificial Reef Project … Will The Coral Growth Be More Successful Than Implementing The Program? …

September 5, 2010 by Barbara

COMING ANYTIME SOON? …..

Article w/photo of Dr. Goreau Oct. 26, 2007….

Dear Readers …the issue of the Artificial Reef Project has been put on the Sept. 14th agenda by Vice Mayor Dodd and the first draft of the letter concerning the breach of the present contract per the Commission’s 3-2 vote on Aug. 25th has been done… The new contract is being drawn up by the TAtty….At the same time VM Dodd went to the Furth’s where the buoy still sits out front.. (prev. post) …and did some tests of his own followed up by tests done by the builder of the original buoy … There is some discrepancies that need to be addressed with the findings  …We hear there is also some he said-he said from some of the players … that need to be worked out along with the new contract … Quite an eye-opener when we also heard some problems came to the project and the vendor via the former  Town Administration!…

The question now is what happens with the original buoy …where it goes…who takes ownership…who wants ownership… There are 2 new buoys rapidly being built in place of the original…They are said to be smaller in design with one flat solar panel vs the multi-angled panels on the much larger/heavier yellow version stationed at Furth’s motel… (prev. posts)… We were  told Dr. Goreau will be here this month per the Administration …but he is non-responsive to Town in the meantime …

Just a reminder …this project was introduced to the Town in 2006 and in front of the Commission for financing in 2007…. The Town Manager included those 2007 dates of Feb. 13th and Sept.25th in her report on July 14, 2010…This writer found some other earlier agenda items addressing the Reef issue..including an alternative brought forth by former Mayor Parker that appears never come back to the dais as so often was the case in the prior two Administrations…

………………

“Town Commission Regular Meeting Minutes
May 23, 2006

C. Update on Reef Restoration as previously presented by Marc Furth (Marc Furth/Mayor Oliver Parker)
Marc Furth, 4525 El Mar Drive, provided an update regarding the proposal for the reef restoration. He indicated that due to busy hurricane season, the project had been temporarily put on hold. Mr. Furth stated that in light of the new sitting Commission, he wished to allow Dr. Tom Goreau, president of the Global Coral Reef Alliance, make a brief presentation.
Dr. Goreau provided a brief description of the types of damages sustained by the reef. He indicated that the International Coral Reef Symposium would be held in Fort Lauderdale in 2008 and felt it would be a unique opportunity to illustrate how reef restoration could be accomplished. Dr. Goreau provided an explanation of how the project would proceed and the advantages that could be expected. He provided a PowerPoint presentation that depicted various projects underway that had been successful.
Dr. Goreau stated that he was proposing to prepare an 80-foot reef, at a height of three feet. He indicated that since the area experienced a high amount of wave activity, the lower reef would be preferable.
Mayor Parker stated that it was his understanding that $30,000 was being requested to begin the project. Dr. Goreau stated that he estimated that the project would cost $60,000. He indicated that this would include eight 10-foot long units, plus permits. Mr. Furth stated that with the Commission’s approval, the paperwork could be started with a promise for funding in the amount of $60,000 in the upcoming fiscal year.
Mayor Parker asked that this item be included in the budget presentation for consideration once the proper documentation was provided.
Commissioner Silverstone expressed concern with dredging of sand as the beach to the south of the pier was to be expanded. Mr. Furth stated that the reef could be installed to the north of the pier, but did not believe that the dredging would affect the project. Dr. Goreau stated that if the reef was protected, dredging would not be permitted.
Commissioner Silverstone asked how long it would take to construct the reef. Dr. Goreau replied that the project would be complete within weeks once the permits were in place. He explained that results would be seen within days of completing the project. Dr. Goreau stated that one of the important issues to resolve was the matter of obtaining electricity.
Commissioner McIntee stated that this was a phenomenal idea and felt that the project should be approved now, with funding to be allocated during the budget process. He asked that this issue be placed on the agenda for discussion in three weeks.”

………….

” Town Commission Regular Meeting Minutes
June 13, 2006
D. Discussion and/or action regarding Fish Habitat Pilot Program (Marc Furth) (continued from May 23, 2006)
Marc Furth stated that in order to request the seed money from the Town, a signed contract was necessary. He explained that he did not have a contract at this time and requested that some of the seed money be provided prior to the new fiscal year for permitting and the surveying that was needed to proceed. In response to Mayor Pro Tem Clark, Mr. Furth explained that the seed money needed was approximately $12,000. He gave his word as a former commissioner that the funds would be spent wisely and the contract fulfilled.
Mayor Pro Tem Clark asked how long it would be before the Commission had a contract it could review. Mr. Furth was unsure, but felt that it should be completed within the next meeting.

Mayor Pro Tem Clark made a motion, seconded by Commissioner Silverstone, to include this project with the Town’s Capital Improvement Program for the upcoming fiscal year. In a roll call vote, all voted in favor. The motion carried 5-0.

Mayor Pro Tem Clark made a motion, seconded by Commissioner Silverstone,

authorizing up to $15,000 in seed money from this year’s budget, provided a satisfactory contract is approved by the Commission.
Ms. Medina asked if the Commission wished to identify where the funds would be taken from. Manager Baldwin advised that he was unsure which account should be used at this time, but indicated that he would advise the Commission at a later date.
In a roll call vote, all voted in favor. The motion carried 5-0.”

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“Town Commission Regular Meeting Minutes

June 27, 2006
4. PRESENTATIONS

C. Atlantis Reef Society (Dr. Scott Woodburn)
Dr. Scott Woodburn and Dr. Michael Haley described the products being offered and presented documentation and proposals for the Commission’s consideration. Mayor Parker asked if the cost to the Town consisted of the permits fees, with the Society obtaining funds to proceed with the project. Dr. Woodburn stated that the Society was searching for a Commission-based program. He explained that while the Society did not want to be a burden to the Town, it would require community involvement in order to
move forward. He indicated that the Society would design and move forward with the project of completing a feasibility study. Dr. Woodburn explained that if the Town was interested, he and Dr. Haley would meet with the Town Manager and move forward with the implementation of the project.
Manager Baldwin stated that there was a competing reef project which had been approved by the Commission and asked if this project was in addition to the existing proposal. Mayor Parker replied affirmatively.
Mayor Pro Tem Clark made a motion, seconded by Vice Mayor Yanni, directing that negotiations be held with the Town Administration to determine the next step.
Commissioner McIntee asked if there were any similar projects within the State of Florida. Dr. Woodburn replied negatively, but indicated that there was a smaller project that had just been installed in the Florida Keys. Commissioner McIntee asked what was the cost for fund-raising on behalf of the Town. Dr. Woodburn replied that the Society would obtain 10 to 15 percent for its education programs. Commissioner McIntee stated that he did not believe the Town should allow its name and its logo to be used for fund-raising while 10 to 15 percent of the proceeds were used for private industry. Dr. Woodburn advised that the Society was not in this business for the purposes of collecting funds, but agreed that as a not-for-profit organization it also required revenues to proceed with its projects and educational programs. Some discussion followed concerning the various programs for reef restoration.
Vice Mayor Yanni questioned how much it would cost the Town if insufficient funds were collected. Dr. Woodburn stated that he was unsure what the total cost would be. Mayor Parker explained that he had been under the impression that the Town only had to pay for the required permit fees.
In response to Commissioner Silverstone, Dr. Haley stated that maintenance of the reef project was recommended. He indicated, however, that he had no objections to training other individuals to take over the maintenance.
Mayor Parker asked for confirmation that the motion permitted the Town Manager to further discuss the project without approving funds. He felt that while he had no objections to diving into two projects, he did not want to fund two separate projects.
Mayor Pro Tem Clark amended his motion to include a provision that the Society meet with the Town Manager prior to further consideration, having the Society provide the Town Manager with a written business plan, copies of financial statements for the past three years, references providing the company’s track record, a proposed three-year budget to the Town Manager prior to meeting for further discussions. Vice Mayor Yanni amended his second. In a roll call vote, the motion carried 4-1, with Commissioner McIntee dissenting.

BC- Readers…did you catch it?… “Mr. Furth explained that the seed money needed was approximately $12,000. He gave his word as a former commissioner that the funds would be spent wisely and the contract fulfilled.”…Hmmm…… Yep, the same former Commissioner who has had the original buoy sitting in front of his motel …

……………….

A Google this writer made of “Electrical Reef Restoration Projects” was done after not doing so in quite a while …Once again it produced some previously seen info… such as Cong. Ron Klein’s remarks  in September 2009…

Excerpt…full text link below…

‘Klein Applauds Lauderdale-by-the-Sea Coral Reef Restoration Project
09/03/09

Boca Raton, FL – Congressman Ron Klein (FL-22) today hailed Lauderdale-by-the-Sea receiving approval for construction of our nation’s first Biorock coral reef.”

“In South Florida, we have the third largest coral reef ecosystem in the world, and we take seriously our responsibility to preserve this national treasure. It is critical we protect these coral reefs, which are a first-line of defense against hurricanes and storm surges for our coastal communities like Lauderdale-by-the-Sea. I look forward to seeing Lauderdale-by-the Sea embark on this landmark project.”

http://klein.house.gov/index.cfm?sectionid=57&parentid=23&sectiontree=23,57&itemid=848

Also some articles in June and July 2009 in the Sentinel/LATimes etc… on the project getting the “Green light”… from the Army Corp of Engineers included this. remark ..(LATimes 2009)…

Excerpt…full text link below….

“Lauderdale-by-the-Sea is known as one of the best spots for beach diving because the reefs are accessible from shore. Steve d’Oliveira, spokesman for Lauderdale-by-the-Sea, said the town supported the project.”

“We want it done as soon as possible,” he said.”

http://articles.latimes.com/2009/jun/28/nation/na-electrified-reef28

Some other Google searches showed some other interesting information …from earlier years…2008/2006 & 2005 ….
“Lauderdale-by-the-sea will try electricity to stimulate coral growth off South Florida coast

Low voltage current to stimulate coral growth off our coast.

SOUTH FLORIDA SUN-SENTINEL / By David Fleshler / October 7, 2008

The thunderclaps and lightning flashes of Victor Frankenstein’s laboratory seem far removed from the sunshine, hotels and snorkelers of the South Florida coast.

But the town of Lauderdale-by-the-Sea is pursuing the dream of using electricity to help generate life.

The town plans to install a cluster of electrified artificial reefs off the beach and run a low-voltage current through steel frames to stimulate the growth of corals, creating habitat for fish, crabs and other marine creatures. Shaped like airplane hangars, the six undersea structures each would stretch 6 feet along the ocean floor. Two buoys with solar panels would deliver electricity through insulated cables.

Coral reefs, often called the rain forests of the ocean, have been battered by global warming, pollution, overfishing and ship groundings. Hoping to reinvigorate its reefs, Lauderdale-by-the-Sea has approved a $60,000 contract with Global Coral Reef Alliance of Cambridge, Mass., which has constructed electrified reefs in Mexico, Jamaica, Indonesia, the Maldives and other countries.

If you go

What and When: Public hearing; March 4, 7-9 p.m.

Where: International Game Fish Association, 300 Gulf Stream Way, Dania Beach

Comments: May also be sent to:

Assistant Regional Administrator, Protected Resources Division

National Marine Fisheries Service, Southeast Regional Office

263 13th Ave. South

St. Petersburg, FL 33701

or on the Web at www.regulations.gov, using the identification number 0648-AV35.

The deadline for comments is May 6. The electric current, too weak to harm swimmers or fish, draws dissolved calcium carbonate and other minerals from seawater, helping corals build their skeletons.

But some scientists aren’t sure a jolt of electricity is what South Florida’s reefs need.

“There are no peer-reviewed papers that I’m aware of that really document that corals grow faster or better on it,” said Richard Dodge, executive director of the National Coral Reef Institute at Nova Southeastern University.

John McManus, director of the National Center for Coral Reef Research at the University of Miami, said there’s no doubt steel frames will grow coral, if only because they provide a surface off the murky floor of the ocean. But while a mild electric current stimulates coral growth initially, he said it’s unclear whether the benefit continues after the coral has thickened enough to block the current. Most important, he said, there have been no studies comparing electrified steel structures with identical structures without electricity.

“There’s not much evidence to say it’s worth putting the electricity through,” he said. “It’s probably not going to do any harm. It might do some good.”

The town agreed to pursue the idea after being approached by Dan Clark, an environmental activist with the group Cry of the Water; Marc Furth, an underwater photographer and former town commissioner; and Thomas Goreau, head of the Global Coral Reef Alliance.

Goreau, who has a doctorate from Harvard, said in an e-mail that it would be premature to comment until the project obtains necessary permits for construction. He expressed concern that any discussion could generate opposition. He said neither of the two scientists who questioned the technology had seen any of the group’s projects, making their comments “uninformed opinion.”

Many of the group’s reefs, known by the trade name Biorock, have thrived for years, surviving environmental stresses that kill other corals, says the group’s Web site. When ocean temperatures rose in the Maldives in 1998, killing 95 percent of the natural reef corals, 80 percent of the Biorock reefs survived, according to the Web site.

Vice Mayor Jerome McIntee, the electrified reef’s leading proponent, said the project was worth the $60,000 cost if it could restore the town’s reefs, famous among divers for being easily reached from the beach.

“We need to take the initiative and start the rebirth of a natural resource that has been long overlooked,” he said.

The town is seeking permits from the Army Corps of Engineers and Florida Department of Environmental Protection.

Once reef structures are installed, divers search the ocean floor for broken pieces of coral that is still living but likely to die, torn off by storms or boat groundings. They attach these corals to the electrified structure. Meanwhile, coral larvae settle on it and grow skeletons.

An electrified reef it would be the latest attempt to rely on technology to fix damage done to the region’s natural assets. The Everglades restoration relies on a highly engineered system of diesel-powered pumps, artificial reservoirs and computer-controlled water management. Engineers have attempted to control beach erosion by installing underground sand pipes, and most recently, proposing a 49-foot pit to accumulate sand next to Port Everglades.

Still, scientists don’t dismiss the possibility that electrified reefs work.

“I think the jury’s probably still out,” said Richard Dodge, of Nova’s coral reef institute. “Just because it isn’t well documented doesn’t mean it’s not happening.”

………………………

In his 2006 publication “Coral Reef Restoration Handbook  …William F. Precht  wrote a section on “Electrified Artificial Reef Projects” on pg. 122.. It included some personal observations of the Biorock version… Pg. 123… (link below …as well as a link to the 2006 handbook on Amazon and the author)..

“Little is known about the submarine diagensis of Biorock, or its endolithic community or vulnerability to bioeruders, however a sliced Biorock sample with accretion of more than 4cm radius showed little or no boring at all (personal observation). Either it formed very rapidly and thus there had not been time for endoliths to accumulate, or Biorock is resistant to boring. On the one hand, the material may remain quite solid and durable unlike natural reef rock, which is usually highly tunneled and friable. Endoliths can play both positive and negative roles in reef development. The endolithic community contains both primary producers and pathogens as well as pore spaces that may be critical to nutrient cycling and submarine digenesis of reef rock. Nevertheless, in coral reef restoration as opposed to underwater architecture, the primary function of accreted mineral in Biorock is to attract coral recruits and serve as an anchoring point for explanted coral colonies. For the former, it may perform more poorly than a rougher, natural surface would. As a system for securing coral fragments however, electrochemical accretion is quite good.”

http://books.google.com/books?id=POaHRmQRNf0C&pg=PA122&lpg=PA122&dq=electrified+artificial+reef+projects&source=bl&ots=6fHEhoqKv5&sig=rFTwZFsuldMO9wVHZ0zs1NTMisk&hl=en&ei=0MWCTNnmN5KengfVjqhV&sa=X&oi=book_result&ct=result&resnum=5&ved=0CCkQ6AEwBDgU#v=onepage&q=electrified%20artificial%20reef%20projects&f=false

http://www.amazon.com/Coral-Restoration-Handbook-William-Precht/dp/0849320739

http://www.gulfbase.org/person/view.php?uid=precht

…………….
“Electrolytic Mineral Accretion

This technique was first developed by W. Hilbertz in 1977 and has been extensively developed by him (1981, 1992, 1996), as well as by T. Goreau (1995, 1996), H. Schumacher (1997, 1999), P. van Treeck (1997), and others. It works like a galvanic cell, where electrochemical deposition of the abundant calcium and magnesium ions in seawater is accreted onto a substrate. A “DC” current between 1 and 24 volts [optimally around 9 volts (Schumacher, personal communication)] is applied to a metal mesh and calcium carbonate is deposited at the cathode with chlorine and oxygen evolving around the anode. Higher currents precipitate minerals faster, although brucite is favored over aragonite and the resultant material is more fragile (van Treeck 1997). Higher temperatures and water currents, not surprisingly to aquarists, increase accretion rates, with a lowered pH around the cathode being responsible for the increase. To date, this technology is being applied in reef transplantation efforts and in the formation of artificial reefs. Its use in aquaculture is only beginning. A French group has reported growth in Acropora of 50cm/year, although the skeletons are somewhat brittle (Goreau, personal communication)”

http://www.reefs.org/library/talklog/e_borneman_020600.html

……………
“[Coral-List] Some observations on Biorock as a means of coral reef restoration.
Les Kaufman lesk at bu.edu
Thu Mar 24 11:15:08 EST 2005

This is in response to queries about Biorock as a means of coral reef
restoration.

Here are a couple of papers on engineering aspects of Biorock, by
Wolf:

Hilbertz, W. 1992: Solar-generated building material from seawater as
a
sink for carbon. Ambio 21(2): 126-129

Hilbertz, W.H., D. Fletcher and C. Krausse. 1977. Mineral accretion
technology:
applications for architecture and aquaculture. Industrial Forum 8:
75-4.

As already mentioned, the Global Coral Reef Alliance web site hosts
..pdf files of some literature to support the presence of specific
biological effects
attributable to the electric current (such as changes in
zooxanthellae) or mineral accretion (which can stabilize coral
fragments, an important process in reducing transplant mortality), as
well as a
number of well-illustrated magazine articles about existing Biorock
installations.

Last August, in preparation to writing a book chapter on coral reef
restoration, I visited the Biorock installations at Permuteran, Seraya,
and Tulamben, along
the north coast of Bali, and spoke with some of the local supporters
and caretakers of these projects. I also examined the structures, their
corals, and the
adjacent reef, to try and at least superficially understand what was
going on.

Here are my observations in Bali, limited by time but greatly
facilitated by the gracious hospitality of the Balinese and expats
involved in these projects:

a) The Balinese Biorock projects are marvelously effective in
focusing a community’s environmental concern and stewardship on the
sea.

b) The more established structure gardens, at Permuteran and
Tulamben, are popular sites for diving and snorkeling in places that
have suffered degradation
and reduced area of natural reef. The removal of corals for the
structures did not seem likely to have had much impact on the natural
reef and many of the
source colonies were chosen because they were broken off or
threatened, but if corals where to be removed from natural reef in very
large numbers this
could obviously be a problem. It would be worth knowing, however, if
indeed coral colonies are less vulnerable to bleaching in their new
accommodations.

c) Mineral accretion on the iron structures is impressive over only a
few months, but the electric current must be maintained and closely
monitored, and that can be challenging where costs and
resources are limited.

d) Where I was shown coral colonies of known transplantation dates
and sizes, the colonies were very healthy and robust but did not appear
to have grown at an unusually high rate, except for
flanges on some corals projecting parallel to and within one or two
centimeters of but not touching the mineral-encrusted surfaces around
the charged reinforcing bars. Corals high in the water
column appeared to have done better and grown faster than similar
ones of the same species placed near or next to the sediment-water
interface. Systematic replicated measurements within and
among species are essential before conclusions can be drawn about
Biorock effects on coral growth rates.

The structures are strong and open, and resistant to at least those
storms of average intensity. I observed corals on the structures being
damaged by divers,
coral predators (Drupella, Acanthaster) and overgrowth by sessile
invertebrates, in a manner similar to those on nearby natural reef.
Constant vigilance,
similar to that required for tending any other kind of garden, was
necessary to prevent natural mortality to transplanted corals.

Some other groups have also been experimenting with this or very
similar methods:

Schumacher, H.P. and L. Shillak. 1994. Integrated electrochemical
and and biogenic deposition of hard material- a nature-like colonization
substrate. Bull.
Mar. Sci. 55:672-679.

Schumacher, H., P. van Treeck, M. Eisinger and M. Paster. 2000.
Transplantation of coral fragments from ship groundings on
electrochemically formed
reef structures. Proc. 9th Int. Cor. Reef Symp. 2:983-990.

In sum, the biorock methodology could be very useful in the creation
and maintenance of coral gardens for mass propagation (as part of
restoration programs) or recreational enjoyment. Biorock
structures, when composed principally of calcium carbonate (some
proportion of the accreted mineral can be brucite instead), are
wave-resistant (many fishes shelter in their lee) and it is hard to see
how they wouldn’t help to prevent beach erosion if properly placed
and maintained. In that application they may well be superior to the
dumping of riprap. As substratum for a coral explant
nursery, biorock is desirable because the entire structure is very
easily constructed, moved into place, and coated with mineral. As a
method for large-scale reef restoration, however, at least in the
Indo-Pacific, which is blessed with a great diversity of rapidly
growing corals (mostly acroporids), it needs to be demonstrated that
Biorock structures are more biologically or cost effective than
more conventional methods employing coral nursery-grown transplants,
or simply piles of carefully-placed boulders studied by Helen Fox in
Komodo. Biorock is certainly an aesthetically creative
approach, with results that can vary from hauntingly beautiful to
kitsch piles according to the sensibilities of both artist and viewer.

Les”

BC- the above can be found by Googling … “Kaufman electrical coral 2005″….

Dr. Les Kaufman …Boston University link below…

http://www.bu.edu/biology/people/faculty/kaufman/

……………..

BC-This process has not only had some observers who have evaluated the process firsthand … producing both skeptics and supporters…it has also been developed and implemented by others as well as Goreau…(see names above) …since it first developed by W. Hilbertz in 1977…

………………….

“Volunteers tie broken coral to a line for optimum growth in preparation to restore coral to reefs off of Key Largo.”

BC-The other method to epoxy in a nursery was previously posted  last month after it was in the papers and all over the cable news channels…It is successfully being used next door in Fort Lauderdale  under a federally funded grant…The question this writer still wants answered it this…Did Fort Lauderdale ever come to LBTS to see if we wanted to join them in this program?…

The epoxy method was also was covered by the Sentinel in October 2008 (days apart) along with the Biorock method…

……………………….

“Researchers work to revitalize Florida’s coral reefs

ORLANDO SENTINEL / By: Ludmilla Lelis / Sentinel Staff Writer / October 12, 2008

Scientists trying to save Florida’s diminishing coral reefs are using new approaches to help damaged reefs recover and survive a changing climate.

Damage from environmental problems, including climate change, is inevitable, they say, so they focus their work on what they can do. Through resiliency research, they hope to find the reasons some corals can overcome problems, and which are the more hearty corals that should be protected. Other scientists are preparing for the restoration of damaged reefs by growing the corals to replace them.

The two approaches could help in the battle to save corals that are being ravaged by pollution, ships, tropical storms and bleaching — a phenomenon that leaves corals colorless and lifeless.

Nurseries for recovery

Two South Florida projects are growing future reefs in nurseries in Biscayne National Park. Coral nurseries are growing pieces of coral, which would be transplanted to damaged or dying reefs elsewhere.

Growing coral had been a hobby for the aquarium trade, but it has become a crucial scientific project, said James Herlan, a graduate student at the University of Miami’s Rosenstiel School of Marine and Atmospheric Science. At the school’s nursery in the national park, he glues fragments of staghorn coral onto cement platforms with a nontoxic epoxy.

“Coral nurseries in the Caribbean are a newer idea, but there is now more of an urgency to do this,” Herlan said.

The underwater nursery has survived through trial and error. The corals are sprouting their distinctive hornlike shapes at a rate of 6 inches a year, just as fast as they would in the wild.

“It’s cheap, as ecological experiments go, so it’s very cost-effective,” Herlan said. “It’s very promising.”

Biscayne National Park also runs a coral nursery, under a dock at Adams Key, using slow-growing boulder coral. Richard Curry, the park’s ocean, reef and science manager, had rescued pieces from ship groundings and other accidents. He has made it a community project, using volunteers to epoxy the pieces to PVC pipes, laid in neat rows under the dock.

“It’s like watching paint dry,” Curry said of how slowly the corals grow. But he thinks it’s good insurance for the future.

“We’re not at the crisis yet where we need to have something like a ‘captive breeding’ program,” he said. “But we will someday, and hopefully we’ll be ready for that.”

Finding resilient strains

Other scientists have focused on making reefs more resilient.

Pollution and the summer doldrums — long stretches of tropical heat — can spark a massive bleaching. Coral, responding to the stress, expels the colorful algae that normally live inside it, leaving the coral a white, lifeless skeleton. But some coral colonies can survive and grow back more quickly than others.

Researchers want to know why some reefs rebound, hoping to use that knowledge to better protect the hardier patches of reef.

Florida already has a reef-resilience program that closely monitors reef zones when bleaching happens.

No South Florida zones are immune to bleaching, according to a recent study. However, some zones with the largest corals and the largest number of coral colonies need to have more restrictions that protect them from damage. For example, a reef-resilience conference in Key Largo earlier this year came up with 129 strategies that could help the reefs better survive, such as improving law-enforcement protection of sensitive areas, and keeping lobster and crab traps away from living reefs. State officials already plan to end one environmental problem. Outfalls, pouring treated sewage into the ocean, will be shut down by 2018.

However, the greatest test of resiliency is whether coral reefs can withstand rising sea temperatures.

University of Miami Assistant Professor Andrew Baker has found that some corals appear to be more heat tolerant than others. The advantage apparently depends on microscopic algae living inside the corals. Some algae are more heat-tolerant. The corals that persisted after bleaching tend to have more of those heat-resistant algae.

With a $150,000 Pew Fellowship, Baker will spend the next three years trying to find ways to boost that natural heat tolerance, including injecting those algae inside the coral’s limestone skeletons.

“We’re faced with an unfortunate inevitability that global warming is here to stay even if we can bring down our emissions, so we need to do everything we can to save as many corals as we have left,” he said.

Gradually, he will take his laboratory findings to larger reefs in South Florida and hopes to team up with coral nurseries to make sure that corals being grown will be better able to withstand global warming.

“This is not going to save the world’s coral, but we may be able to find techniques that we can offer in a package of solutions for reef managers,” Baker said.

“A failure to act guarantees the corals will be lost.”
…………..

Excerpts from the August 13, 2010 Palm Beach Post…Full text link below…

“Economic stimulus money from the Obama administration has financed an expansion of the $3.4 million project, which is expected to create 57 full-time jobs, according to Tom Moore of the National Atmospheric and Oceanic Administration’s Habitat Restoration Center in St. Petersburg.

Healthy reefs, in turn, create jobs in tourism, increase habitat for fisheries, and provide hurricane protection, Moore said.

Today there is a row of 10 coral nurseries that stretch from Fort Lauderdale to the U.S. Virgin Islands, growing new stands of staghorn and elkhorn coral.

“These are two of the most important species of coral,” said James Byrne, marine science program manager for The Nature Conservancy, an environmental group that applied for the federal money and is coordinating the work. “The staghorn coral provides very important habitat for juvenile fish, and elkhorn coral is one of the most important reef builders.”

“The nursery off Fort Lauderdale consists of two sites, just south and north of Hugh Taylor Birch State Park, where scientists from Nova are growing staghorn coral. The coral on one site started three years ago have grown large and are ready to be moved onto reefs, said David Gilliam, assistant professor at the university’s Oceanographic Center.”

http://www.palmbeachpost.com/news/offshore-nurseries-cultivate-rare-corals-to-rescue-depleted-856695.html

…………….

BC- In conclusion… if we come to new terms with the Biorock group this month ….will it work here in S. Florida?… And, if we cannot get everything sorted out once and for all is there any chance we can join Fort Lauderdale’s program?…. Whichever process we end up with let’s just hope some process is up and running before we see another year pass us by….

more to come…

Post Division

Here’s The Scoop … Shore Court … SB 360 Decared “Unconstitutional” … “Expunged” And “Invalidated” ….Will This Be The Return Of The LBTS Cul-De-Sac? ….

September 2, 2010 by Barbara

IS THE RETURN OF THE SHORE COURT CUL-DE-SAC IN THE BAG? ….

Dear Readers …Senate Bill 360 discussed by the LBTS Commission in Oct. & Nov. last year (see below) concerning  property in Town asking for extensions to build was declared “unconstitutional” and “expunged” according to our Town law firm (see below)  or “invalidated” according to a post on boardroombrief.com (see below) … The result is yet to be seen as it relates to the property in question in LBTS… We joined late in the case due to the property on Shore Ct. and the desire of the last Commission to get the project finished and the area cleaned up or to tear the structure down and get one or more of former VM McIntee’s beloved cul-de-sacs returned to the Town …He spent alot time on the dais espousing what a loss they were to the Town …His analogy and opining of the lost cul-de-sacs and their importance to the Town was inaccurat at best…A look at the Public Notices section of the newspaper often shows cities turning over cul-de-sacs to development…It’s  a common practice in development resulting in no negative impact to the municipalities … (prev. posts)…

What still needs to happen?… To see if there will be an appeal …per the Town Atty….(see below) …which may be due to the belief stated below that the final summary judgment is internally inconsistent. …

Also, there’s this …from those that are not happy with the ruling…(see below)….”The 2010 Florida Legislature adopted, and Governor Crist signed into law, Senate Bill 1752, which essentially restated and recodified the provisions of SB 360 regarding the two-year extension of certain development orders or permits. Standing alone SB 1752 does not appear to be vulnerable to the same analysis or argument that was applied by the court in its rulings on SB 360, even if the court subsequently determines (we would suggest incorrectly) that the unconstitutional provisions of SB 360 cannot be severed from the remaining provisions and that the statute, as a whole, is unconstitutional; or if the state allows the ruling to stand.” ….

………………….

Oct 27, 2009 Reg. Comm. Mtg. minutes … excerpt….Consent Agenda 12b…..

“Mayor Minnet asked whether Senate Bill 360 was mandated Attorney

Trevarthen stated that the Bill was still under review.

Mayor Minnet believed the owners invested in Lauderdale-By-The-Sea and

unfortunately the market fell She added that the bottom line was that the property

owners had to take care of the property.

Vice Mayor Mclntee believed extenuating circumstances would indicate a shortage in

supplies and or workers. He stated that they bought the property got their permits and

walked away Vice Mayor Mclntee pointed out that the Code specifically states that

enforcement for violations shall be 50 for each day of violation for 1 to 30 days $100

per day for 31- 60 days and $500 for over 61 days. He did not feel the Commission

was obligated to grant the extension because there were no extenuating

circumstances .Vice Mayor Mclntee believed the fines should be enforced

Attorney Grant Smith stated that the best people are having credit problems. He added

that the reality of the situation was that they requested an extension under Senate Bill

360 which states the only requirement was to tell the Town they were extending under

the Bill.

Commissioner Silverstone was concerned that the request was for 2 years. He did not

believe it would take 2 years to finish the building.

Attorney Trevarthen said the Statute said that permit holders notify the local

government. She explained that the reason it was under review was because Statute

did not say that anyone can notify it had a series of qualifiers. Attorney Trevarthen

stated that the purpose of the review was to make sure that they properly evoked the

Statute.

Commissioner Clottey said the Commission was told that they ran out of money and the

banks would not give them credit. She added that now they wanted to use their own

money and asked how the lack of money could be an extenuating circumstance.

Attorney Trevarthen explained that would be in the judgment of the Commission. She

added that the decision needed to be made independent of the Statute.

Mayor Minnet asked whether the owners were ready to start immediately if they

received their request Attorney Smith said there was a surface water management

issue regarding impact fees to the County. He said they would not pay the fees if the

Town did not grant the extension and therefore would not be able to sell quickly.

BC- This was deferred to the Nov.10, 2009 meeting…

………………….

Town Commission Regular Meeting Minutes

November 10 2009 … 15. Old Business

“c. Commission to approve a two 2 year time extension for the completion of the

development at 231 Shore Court per the applicant’s request and per Ordinance 6-12

(c ) Backup attached (Assistant Town Manager Olinzock) Deferred at the

October 27, 2009 Commission meeting by Commissioner Clottey

Commissioner Silverstone made a motion to grant the extension for 1 year and if it did

not get built within 1 year put a condition in there that it must either be torn down or

something had to be done to clean up the area Commissioner Silverstone only wanted

to extend for 1 year with those conditions.

Attorney Trevarthen stated that there were 2 issues before the Commission Manager

Colon stated that the Commission could revise the code.

David Hyatt said he was located between Garden Court and Shore Court and had

complained numerous times He said his property value went down and felt like he

currently lived in the slums.

Alan Crimsman suggested the Commission take another look at the development order

as there were specific agreements that were entered into in relation to what the party

was supposed to give back with the granting of the land Crimsman believed they were

given 2 years to complete the project and not 2 years to begin building.

Attorney Trevarthen stated that they had until July 2010 to complete the project before

the return of the property She said the condition was completion within 3 years.

Attorney Grant Smith stated that the document was not recorded that way. Attorney

Trevarthen indicated that the minutes where all parties were in agreement showed the

intent. Attorney Smith was concerned with Commissioner Silverstone’s motion for a 1

year extension. He wanted clarification that in the alternative if the lawsuit succeeded

then it would be 1 year. Commissioner Silverstone indicated he would go along with the

original intent as pointed out by Attorney Trevarthen. He said if the building was not

completed by the expiration date the he would follow the agreement and return the Cul

de Sac back to the Town.

Attorney Trevarthen stated that her understanding of the motion was that it was based

on the separate request that had been brought under Town Code and not whether the

challenge failed. She explained that the Commission had an application that they

needed to do something with and Commissioner Silverstone placed an option on the

table.

Vice Mayor Mclntee stated that the reason they were at this stage was because the

applicant created a monster and was not being a good neighbor.

Commissioner Dodd asked when the applicant intended to start construction.

Mayor Minnet reviewed the motion to grant a 1 year extension for Shore Court and 226

Garden Court. Commissioner Silverstone added 2 conditions 1) that if not completed

within 1 year that it get torn down and 2) that in the interim whatever vacant land is out

there be maintained no mounds of dirt grass to be planted and maintained for the

duration of the project.

Attorney James White added to the condition “that if not completed would be torn down”

that if in fact the property were deemed to be an unsafe structure under the Florida

Building Code or that the permit had expired, the Building Official had the ability to

require that the structure be demolished or removed from the site as could the Broward

County Building official.

Commissioner Silverstone made a motion to extend the meeting to 11: 301pm .All voted

in favor.

Commissioner Dodd did not believe they could bring in a 1 year extension when the

agreement allowed 3 years. Commissioner Silverstone stated this was an alternative

Commissioner Clottey was also concerned as she did want to give them 3 years

Mayor Minnet clarified that the previous motion was strictly to move our Town forward to

join the lawsuit with the City of Weston and be a member of the 14 cities already against

the Senate Bill 360 and now Commissioner Silverstone wanted to give 231 Shore

Court and 226 Garden Court a 1 year extension. Attorney White asked for clarification

that that would be pursuant to Town Code Section 6.12 (c). Commissioner Silverstone

agreed Commissioner Clottey asked if she could add a friendly amendment that

construction start within 60 days Attorney Trevarthen stated that construction had

already started.

Attorney Trevarthen summed up the motion as a 1 year extension for agenda items 15c,

231 Shore Court and 15d 226 Garden Court with the requirements for proper

maintenance and grassing the area and tearing down the structure if not complete.

Vice Mayor Mclntee seconded the motion for discussion. He asked for clarification that

the motion was to enact a 1 year extension with conditions if the Senate Bill 360 was

overturned. Commissioner Silverstone said that was correct Commissioner Clottey

wanted an expiration date placed on the permit so they would not have to go through

this again. Attorney Trevarthen suggested the expiration date be whatever the

expiration date was for each permit.

Attorney White suggested the condition to tear down the structure could be modified to

read that pursuant to the Florida Building Code and any other applicable Code

provisions would direct the Building Official to investigate and pursue the pre-existing

procedure.

The motion carried 3-1. Commissioner Clottey voted no. Mayor Minnet recused herself.

She explained she was sub-contractor for sub-contractor of the general contractor

who did work for the law firm that represented his client.”

http://www.lauderdalebythesea-fl.gov/town/arc-meetings-2009.htm

………………….

BC- phone #’s, names other than LBTS TM & TAtty. and e-mails addresses have been deleted or altered for privacy..on post below…

……………………
“From: Jamie Alan Cole
Sent: Thursday, August 26, 2010 3:01 PM
To: westonfl.org; keybiscayne.fl.gov; cutlerbay-fl.gov; leegov.com;deerfield-beach.com; miamigardens-fl.gov; fruitlandpark.org; cityofparkland.org; palmettobay-fl.gov; copbfl.com;cityofhomestead.com; CooperCityFL.org; northmiamifl.gov; coralgables.com; ppines.com; townofmalabar.org; broward.org; stlucieco.org; circuit8.org; islamorada.fl.us; lauderdalebythesea-fl.gov; cityofhomestead.com; ; Susan L. Trevarthen
Subject: SB 360 Lawsuit

WE WON!!!!
Attached is a Final Summary Judgment that was entered by the Honorable Judge Charles A. Francis today. Judge Francis granted our motion for summary judgment on the unfunded mandate challenge, ruling that “SB 360 (Ch. 2009-96) is declared unconstitutional as a violation of Article VII, Section 18(a), Florida Constitution, and The Secretary of State is ordered to expunge said law from the official records of this State.” As to the single subject rule, he found that it is moot as a result of the statutory codification that was passed earlier this year.
This is a major decision that will have implications throughout the State. We do not know at this time whether the defendants will appeal (and whether, if they do, we would cross-appeal on the single subject issue).

Jamie Alan Cole, Esq.
Managing Director

Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.”
………………..

“From: Connie Hoffmann
Sent: Fri 8/27/2010 10:58 AM
To: Jeff Bowman; Bud Bentley; Birute Ann Clottey; Chris Vincent; Roseann Minnet; Scot Sasser; Stuart Dodd
Subject: FW: SB 360 declared unconstitutional and ordered expunged from state law
FYI, if you hadn’t received this info directly. Connie

From: Rebecca OHara
Sent: Thursday, August 26, 2010 4:39 PM
To: Rebecca OHara
Subject: SB 360 declared unconstitutional and ordered expunged from state law Good Afternoon,

Today, a Leon County circuit court declared unconstitutional Ch. 2009-096, Laws of Florida, otherwise known as SB 360. SB 360 was passed in 2009 and imposed sweeping changes for 246 cities and counties defined in the bill as “Dense Urban Land Areas”. In short, the bill designated such areas as automatically exempt from transportation concurrency requirements. The bill imposed certain obligations upon such cities and counties.

After the bill became law a coalition of cities and counties filed suit to have SB 360 declared unconstitutional for two reasons: 1) that the bill violated the “single subject” requirement; and 2) that it violated Article VII, Section 18(a), the unfunded mandates provision. The local governments alleged that SB 360 required them to “spend funds or take an action requiring the expenditure of funds” in violation of Article VII, Section 18(a).

The court found the local governments’ single subject claim was rendered moot by operation of the subsequent 2010 legislative session. The court rejected all of the local governments arguments on the mandates count (finding they were inappropriate for disposition on a summary judgment motion because they involved disputed issues of fact) except for one.

The court found the provision in SB 360 which mandates local governments to adopt comprehensive plan amendments and strategies to “support and fund mobility” could require “minimum mandated expenditures statewide by 246 local governments” ranging from “$10,150,944 to $25,625,820.” The court found these amounts to be in excess of the Legislature’s standard for determining whether a mandate is “fiscally insignificant” for purposes of Article VII, Section 18(a). The court concluded the Legislature did not meet any other requirements or exemptions set forth in Article VII, Section 18(a).

SB 360 was declared unconstitutional in its entirety.

There is no word yet on whether anyone plans to appeal.

Rebecca

Rebecca O’Hara
Legislative Director
Florida League of Cities, Inc.

No trees were harmed in the sending of this message, however a large number of electrons were inconvenienced.”
……………………

“From: Susan L. Trevarthen
Sent: Mon 8/30/2010 11:26 AM
To: Roseann Minnet; Stuart Dodd; Birute Ann Clottey; Scot Sasser; Chris Vincent
Cc: Connie Hoffmann; Bud Bentley; Jeff Bowman
Subject: Senate Bill 360 challenge
The Town participated as a plaintiff in the challenge to Senate Bill 360 against the President of the Senate, the Speaker of the House, the Governor and the Secretary of State. As noted in greater detail in the emails below, the circuit court judge granted our motion for summary judgment, on the basis that the law was an improper unfunded mandate under the Florida Constitution, and ordered the law to be expunged or removed from the Laws of Florida. The decision is attached.

It remains to be seen if the defendants will seek appeal, reconsideration, or a stay of the effectiveness of the order. There have been news reports that the senator who sponsored this bill would prefer to just address it in the next legislative session, but the defendants will need to make that decision.

Please do not hesitate to contact me should you have any questions about or wish to discuss this decision. Thanks.

Susan L. Trevarthen, Esq., AICP
Member

Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.”
……………………..
Online today…. Another opinion … Disagreeing with the findings….
………………..
“Impact Property Values: SB 360 Invalidated
By William Hyde & Brian Seymour | August 31, 2010
In 2009, the Florida Legislature passed Senate Bill 360 (“SB 360”), “The Community Renewal Act.” Shortly thereafter, several municipalities and counties, primarily in south Florida, filed suit challenging that law. In a somewhat confusing final summary judgment rendered August 26, 2010, the trial court in Tallahassee, declared SB 360 unconstitutional as a violation of Article VII, § 18(a) of the Florida Constitution, also known as the “unfunded mandate” provision. The court also declared that the “single subject” challenge pursuant to Article III, § 6, of the Florida Constitution was moot by virtue of the enactment of SB 1762 (Ch. 2010-3), and dismissed that claim.
SB 360 exempted developments located in specifically designated areas from transportation concurrency and from the development-of-regional-impact (“DRI”) program. It extended the expiration date of certain development orders and permits for a period of two years, and it contained provisions relating to impact fees, security camera regulation, mediation of intergovernmental disputes, and the elimination of the DRI process..
The final summary judgment appears to be internally inconsistent. The court ordered and adjudged that SB 360 is unconstitutional as a violation of the “unfunded mandate” provisions, even though the court’s reasoning only found that SB 360’s mandated adoption of comprehensive plan amendments and transportation strategies “to support and fund mobility” were impermissible unfunded mandates. The court concluded that the remaining portions of SB 360, including the above-referenced two-year permit extensions, involve genuine issues of material fact which would preclude the granting of summary judgment as to those items. The conclusion that one section of SB 360 is an impermissible “unfunded mandate” is inconsistent with the declaration that the entire statute is unconstitutional on this basis. This appears to violate the well-established principle that a statute will be declared unconstitutional only to the extent necessary, and since the court has not yet determined that the other sections of SB 360 constitute themselves “unfunded mandates,” it would appear that the final summary judgment is only “final” as to the provisions relating to mandated adoption of comprehensive plan amendments and transportation strategies “to support and fund mobility,” and not final as to the other sections. Hopefully, this inconsistency will be raised and addressed in a motion for rehearing and/or clarification of the court’s final summary judgment.
Even if SB 360 is declared unconstitutional as a whole, there still may be hope for those struggling with keeping their projects alive. The 2010 Florida Legislature adopted, and Governor Crist signed into law, Senate Bill 1752, which essentially restated and recodified the provisions of SB 360 regarding the two-year extension of certain development orders or permits. Standing alone SB 1752 does not appear to be vulnerable to the same analysis or argument that was applied by the court in its rulings on SB 360, even if the court subsequently determines (we would suggest incorrectly) that the unconstitutional provisions of SB 360 cannot be severed from the remaining provisions and that the statute, as a whole, is unconstitutional; or if the state allows the ruling to stand.”

http://boardroombrief.com/theblog/2010/08/31/court-ruling-could-impact-property-values-sb-360-invalidated/

more to come….

Post Division

Here’s The Scoop …CRA ….It Stands For Community Redevelopment Agency … Or …. Here In Lauderdale-By-The-Sea ….For Calming Reactionionary Alarmists …

September 1, 2010 by Barbara

NO HUFFING AND PUFFING …. THIS TIME AROUND …..

Dear Readers …this writer has been doing some extensive research into the failed LBTS-CRA … This stems from where we find ourselves in 2010 after the election in March and the necessity of revising the Town’s Master Plan from 2005 along with the pressing concerns of our aging infrastructure and the need to move forward to revitalize not just a Master Plan on paper for another 5 years but revitalize the Town itself over the next 5-10 years to make it viable ….Before the Master Plan is revised there will definitely be the need to have those vision meetings put forth in the new budget by the Town Manager (prev. posts) …as well as bringing back some of those involved in the CRA which was decimated for political purposes in 2008 … They along with a knowledgeable Commission and Administration can prevail in explaining to the residents and businesses the ins and outs of the process required to sustain a viable future for LBTS.. Ms. Hoffmann and Mr Bentley were surely involved with major revitalization during their time in Fort Lauderdale which is a big plus in retaining them both…..Calming Reactionary Alarmists will definitely be a large part of any reintroduction of the CRA or any comparable program to re-develop LBTS …They must avoid the “land-mines” this time around ….although the changing demographics, so evident in town certainly allows for success this time around …

I’ve heard from some of the participants who played an integral role in the failed 2008 LBTS-CRA and asked one to provide me with a rudimentary description of what a CRA is to post…(see below) …That Reader also informed me of the 2006 Fl. HB 1567 in order to put the kibosh on the “land-mines” used last time around in order to alarm owners that eminent domain will be used when a blight designation is found in the process ….(see below)…

……………………….

I also received the following input  from another “Avid Reader” who graciously allowed me to post it….but preferred not to have a byline…

“LBTS has had some changes since the last full master plan and in the past decade. El Mar drive has undergone some changes. Two of the largest hotels have been torn down and converted into residential properties eliminating over 200 hotel rooms. An additional hotel property is planned to be changed in a similar fashion. It also appears that tourism may have changed, with economic hardships and travel rules changing the way families in the US and abroad go on vacation.

The Town is looking at investing significant dollars in the business community on El Mar and Commercial retail district. We should step back and understand where our Town stands. Looking at economic diversification and economic impacts from different demographic groups makes sense, we should know how our investment will impact our Town and our business community. In addition, our retail community could use the help of some economic development and study the local residential demographics.

The Town and Chamber of Commerce should come together in a partnership to make these studies come to life. In the next decade, our Town will need this strong partnership. The Chamber has the brain power to provide the necessary backup on

- Current economic impacts of our visitors
- Potential avenues of diversifying our economic base
- Study the demographics of our town and surrounding properties

The Chamber provides a great service in the welcome center, however, in addition the Chamber should grow with LBTS. Understanding where we are going in the next 10 years is crucial in all of the planning currently underway.”

BC-With the Chamber feeling “growing pains” from within, in this writer’s opinion (prev. post)….a business development committee appointed directly from the Town will be a necessity…..

……………

“Community Redevelopment Agencies: What, When, and How

CRAs, as they are known, are quite common, but often there are many questions in the minds of those who don’t work with them everyday. How are they authorized? Who oversees them? What is involved in their operation? How are they funded? This article is intended to simply answer those questions. It also summarizes the legislation passed in session 2002 relating to CRAs. For further information, please contact Carol Westmoreland of the Florida Redevelopment Association at cwestmoreland@flcities.com or call (850) 222-9684 ext. 115.

What is a Community Redevelopment Area or District?

Under Florida law (Chapter 163, Part III), local governments are able to designate areas as Community Redevelopment Areas when certain conditions exist. Since all the monies used in financing CRA activities are locally generated, CRAs are not overseen by the state, but redevelopment plans must be consistent with local government comprehensive plans. Examples of conditions that can support the creation of a Community Redevelopment Area include, but are not limited to: the presence of substandard or inadequate structures, a shortage of affordable housing, inadequate infrastructure, insufficient roadways, and inadequate parking. To document that the required conditions exist, the local government must survey the proposed redevelopment area and prepare a Finding of Necessity. If the Finding of Necessity determines that the required conditions exist, the local government may create a Community Redevelopment Area to provide the tools needed to foster and support redevelopment of the targeted area.

There are currently 178 Community Redevelopment Areas in the State of Florida. The designation is used by Florida cities of all sizes, from Jacksonville and Tampa to Madison and Apalachicola. Many familiar locations, such as Church Street in Orlando, Ybor City in Tampa and the beachfront in Ft. Lauderdale are successful examples of Community Redevelopment Areas.

What is a Community Redevelopment Agency?

The activities and programs offered within a Community Redevelopment Area are administered by the Community Redevelopment Agency. A five- to seven-member CRA “Board” created by the local government (city or county) directs the agency. The Board can be comprised of local government officials and or other individuals appointed by the local government. Although one local government may establish multiple CRA districts, there generally may be only one CRA Board. Each district must maintain separate trust funds, and expend those funds only in that district.

What is a Community Redevelopment Plan?

The Community Redevelopment Agency is responsible for developing and implementing the Community Redevelopment Plan that addresses the unique needs of the targeted area. The plan includes the overall goals for redevelopment in the area, as well as identifying the types of projects planned for the area.

Examples of traditional projects include: streetscapes and roadway improvements, building renovations, new building construction, flood control initiatives, water and sewer improvements, parking lots and garages, neighborhood parks, sidewalks and street tree plantings. The plan can also include redevelopment incentives such as grants and loans for such things as facade improvements, sprinkler system upgrades, signs, and structural improvements. The redevelopment plan is a living document that can be updated to meet the changing needs within the Community Redevelopment Area; however, the boundaries of the area cannot be changed without starting the process from the beginning.

What is Tax Increment Financing?

Tax increment financing is a unique tool available to cities and counties for redevelopment activities. It is used to leverage public funds to promote private sector activity in the targeted area. The dollar value of all real property in the Community Redevelopment Area is determined as of a fixed date, also known as the “frozen value.” Taxing authorities, which contribute to the tax increment, continue to receive property tax revenues based on the frozen value. These frozen value revenues are available for general government purposes. However, any tax revenues from increases in real property value, referred to as “increment,” are deposited into the Community Redevelopment Agency Trust Fund and dedicated to the redevelopment area.

It is important to note that property tax revenue collected by the School Board and any special district are not affected under the tax increment financing process. Further, unlike in some states, Florida taxing entities write a check to the CRA trust fund, after monies are received from the tax collector. In California, the increment is sent to the CRAs directly out of collected county tax revenues, before they are distributed to each taxing entity.

The tax increment revenues can be used immediately, saved for a particular project, or can be bonded to maximize the funds available. Any funds received from a tax increment financing area must be used for specific redevelopment purposes within the targeted area, and not for general government purposes.

How does the CRA Process Work?

A public meeting begins the designation process. Several steps will have to be accomplished before the Community Redevelopment Area becomes are reality. These steps are briefly outlined below.

I. Adopt the Finding of Necessity. This will formally identify the blight conditions within the targeted area and establish the area boundary.

II. Develop and adopt the Community Redevelopment Plan. The plan addresses the unique needs of the targeted area and includes the overall goals for redevelopment in the area, as well as identifying specific projects.

III. Create a Redevelopment Trust Fund. Establishment of the Trust Fund enables the Community Redevelopment Agency to direct the increase in real property tax revenues back into the targeted area.

The Florida Legislature addressed CRAs in 2002 from an intergovernmental point of view, to strengthen the ability of cities and counties to manage CRA creation, notices and term issues. Disputes between cities and counties involving CRAs can be resolved locally by interlocal agreements, and should be, since they usually involve growth management issues other than just funding.

Florida Redevelopment Association Legislative Position

The FRA supports the ability of local governments to create and effectively use community redevelopment agencies to redevelop and revitalize their urban areas. This includes the use of tax increment financing. We further support local control and disposition of any disputes between local governments over the use of such agencies and financing. The Florida Redevelopment Association is available for technical assistance, legislative advocacy and redevelopment educational resources.

For copies of current or past bills, statutes or further legislative information, you may visit www.leg.state.fl.us or call the FRA. at (800) 616-1513 ext. 115.

About the FRA

The Florida Redevelopment Association (FRA) is dedicated to the revitalization and preservation of Florida’s communities. Operated under a contract with the Florida League of Cities in Tallahassee, it’s purpose is to promote the improvement of downtowns and other urban areas through redevelopment and development activities under the Florida Statutes; encourage Florida’s communities to create a healthy mix of affordable workforce and market rate housing; and provide a forum for networking, training and technical assistance; be an advocate for its membership; and monitor legal and legislative issues. The FRA currently has more than 300 public and business agency members.

Summary

CRAs are a specifically focused financing tool for redevelopment. CRA Boards do not establish policy for the city or county – they develop and administer a plan to implement that policy. The CRA acts officially as a body distinct and separate from the governing body, even when it is the same group of people. The CRA has certain powers that the city or county by itself may not do, such as establish tax increment financing, and leverage local public funds with private dollars to make redevelopment happen. The CRA term is limited to 30 years, 40 years if extended. After that time, all revenues (presumably much increased from the start of the CRA) are retained by each taxing entity that contributed to the CRA trust fund.”
http://www.redevelopment.net/crafaq.aspx

……………

EMINENT DOMAIN TAKEN OUT OF THE BLIGHT STUDY IN 2006 …NO FEAR-MONGERING JUST THE FACTS ….
Excerpt…

“Most significantly, the new law
makes it crystal clear that local governments
are now restricted to taking
private property for uses that
have traditionally had a public purpose,
such as roads, utilities and government
infrastructure. Local governments
can no longer take private
property located in or out of a Community
Redevelopment Area and
“flip” it to a private developer for
shopping malls, movie theaters, condominiums,
or other private development
purposes, as it once could based
on the theories of elimination of a
nuisance, slum or blight. Specifically,
Chapter 73, Florida Statutes, has
been amended to expressly state that
the taking of private property for the
elimination of a nuisance or a slum
and blight condition do not satisfy the
“public purpose” requirement contained
in Article X of the Florida Constitution.
As a result of the new legislation,
the Community Redevelopment Act’s
“blighted area” test can no longer be
used as an “end run” around the
Florida Constitution’s “public purpose”
requirement. Notably, property
that is acquired in a CRA is also subject
to the same “cooling off” period
contained in Chapter 73, Florida
Statutes, which prohibits the transfer
of property acquired by eminent
domain to a natural person or private
entity for a period of ten years. In
addition, the law repeals the
Legislature’s prior delegation of eminent
domain authority to CRAs, and
now prohibits a CRA from exercising
eminent domain authority, thereby
limiting the exercise of the eminent
domain authority in a Community
Redevelopment Area to cities and
counties.
In light of the perceived gaps in
Florida’s eminent domain scheme
and the potential adverse affect that
Kelo could have on Florida takings
jurisprudence, the Florida Legislature
also passed House Joint Resolution
1569 proposing a constitutional
amendment, which, if approved in a
November 2006 referendum, would
permanently prohibit the transfer of
ownership or control of private property
taken by eminent domain to any
natural person or private entity, unless
authorized by general law passed
by a three-fifths vote of each house
of the Legislature. The amendment
would become effective on January 2,
2007.
III. Conclusion
Some government observers feel
that the new legislation and proposed
constitutional changes are a “kneejerk”
over-reaction to Kelo that will
undoubtedly have a chilling effect on
Florida’s ongoing redevelopment efforts.
Many property owners, however,
believe this legislation is a major
step toward preventing government
abuse and ensuring that the
Founding Fathers’ intent to protect
private property owners will continue
to be safeguarded. Governor
Bush himself aligned with those
seeking protection of property
rights and stated in a May 15, 2006
Tampa Tribune editorial, “Florida’s
private property rights are now the
toughest in the nation. I applaud
the Florida Legislature for using
its power to protect Floridians’ fundamental
right to own property
against the menacing power of eminent
domain.” In any event, the
Legislature’s swift and decisive enactment
of these new eminent domain
laws has sent a clear signal to local
governments that protecting the
rights of private propertyowners is
an important interest in the state
of Florida. ”

FLORIDA HOUSE BILL 1567 ….
HB 1567 – Eminent Domain
GENERAL BILL by Rubio (CO-SPONSORS) Adams; Allen; Ambler; Antone; Baxley; Bullard; Cannon; Carroll; Evers; Galvano; Grimsley; Harrell; Hasner; Hays; Homan; Kottkamp; Kravitz; Kreegel; McInvale; Murzin; Negron; Poppell; Quinones; Roberson, Y.; Sansom; Stansel; Stargel; Traviesa; Troutman; Williams, T.
Eminent Domain: Restricts certain transfers of property taken by eminent domain to certain natural persons or private entities; preserves the government entity communications services eminent domain limitation; clarifies that use for eminent domain means public use or public purpose; provides that the prevention or elimination of a slum area or blighted area does not satisfy the requirement under the State Constitution that a taking be for a public purpose, etc.
Effective Date: May 11, 2006, and applies to all property for which a petition of condemnation is filed pursuant to chapter 73 or chapter 74, Florida Statutes, on or after that date.

Last Event: 05/11/06 Approved by Governor; Chapter No. 2006-11; See also HJR 1569 (Passed) on Friday, May 12, 2006 10:16 AM”

http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=33829

Thanks to those of you who have made yourselves available to answer this writer’s questions…offered advice and have enthusiastically stated they would be willing to come back to the table to assist in the vision of Lauderdale-By-The-Sea ….

More to come….

Post Division

Here’s The Scoop … So How’s The New Valet Service Going In Lauderdale-By-The-Sea? …

September 1, 2010 by Barbara

THE NEW LBTS VALET SERVICE  … PRE-SEASON TRIAL ….

Dear Readers … this writer has been asked often if I have any updates on the trial valet service approved by the Commission over the summer… Below is the first report from the BSO and Asst. TM Bud Bentley… We have heard comments from Readers  as well … They vary from  from the report…Some still are skeptical and still unhappy with both the location…the parking in a private lot …( as was VM Dodd and to a certain extent the Mayor and Comm. Clottey) …and especially the use of the alley ….(as was Comm. Sasser) ….Others think it will serve a needed purpose in season…but they are still unhappy and agree with those who are skeptical about the service location and use of the alley …having no problem with the final parking destination… Hopefully a more detailed daily report is forthcoming…in order to get the bigger picture of the trial thus far…

This writer agrees with both groups…I think a valet service is great and will serve a purpose come season…But, I too do not like the location or the use of the alley…As far as the final parking destination…I go back and forth on that one…You see what I really want is for there to be no parking requirements for restaurants and businesses in the downtown Commercial areas …(Commercial/A1A /El Mar Drive) ….Just as I posted after a MPSC meeting with the previous committee members when Chair Paul Novak spoke of lifting those requirements… The TM has parking on her projects list for the Commission to address this month…It calls for an RFP for a parking study…My opinion…not needed!… Hand it to those eager to deal with it on the P & Z and then give it to the Commission… That should make way for the next steps…sidewalk cafes’… and more…giving even more credence to resurrecting the CRA or something comparable… with a substantive way to fix the failing infrastructure etc…in both business and residential areas of the Town…. by bonds or some other way to raise the funds required for a successful long-term strategic plan that makes it to the finish line!….

…………….

“From: Bud Bentley
Sent: Mon 8/30/2010 5:57 PM
To: Scot Sasser; Roseann Minnet; Connie Hoffmann; Stuart Dodd; Chris Vincent; Birute Ann Clottey; June White
Subject: Valet parking 101 Ocean Status Report Aug 30th
Commission: FYI

Bud Bentley
Interim Assistant Town Manager
Lauderdale-By-The-Sea
954-776-3611 ex 7103

From: Krystyan, Danny [mailto:Danny_Krystyan@sheriff.org]
Sent: Sun 8/29/2010 4:53 AM
To: Bud Bentley
Cc: LLerena, Oscar; Cedeno, Angelo; LaGana, Peter; Palmer, Thomas
Subject: Valet parking 101 Ocean
Mr. Bud Bentley,
I have observed the valet service at 101 Ocean on 08-27-10 at approximately 11pm, then again on 08-28-10 at 7p and again around 9:30p. On each instance, I took 3 photos of the road and alleyway (See attachments). On all three visits, business was very slow and they said they only parked 15- 20 cars for the day. It did appear they were stacking 3 cars in the alleyway, but on the private area and they were not blocking traffic. I also did not observe any traffic congestion on El-Mar drive. At this time, I have observed no problems; however, when the season starts in December, and the volume of cars is significantly increased, further analysis may be required. Any questions, feel free to call me at (954) xxx-xxxx

Deputy Dan Krystyan
Broward Sheriff’s Office
Lauderdale By The Sea”

…………………….

more to come….

Post Division

Here’s The Scoop … $93,000 Found? … That is The Question …. Or Was It … Much Ado About Nothing ….

August 31, 2010 by Barbara

OVERAGE OR JUST IN THE WRONG PLACE …. THAT IS THE ANSWER THAT MAKES A BIG DIFFERENCE…

Dear Readers… The comments made last Wednesday by Commissioner Vincent regarding his concerns about the budget and stating  “There was a $93,000 overage” found in special events in 2009 were quite something and perked up the ears of many listening …including this writer… Especially this writer…due in part to the many times I have posted and looked at the special events budget over the last few years when comparing various events ….especially 4th of July.. after claims of a huge savings were being shouted out from those in pre- 2010 electioneering mode and now out of the picture in 2009 as well as looking at the justification sheets to see where monies were being steered to different departments only to end up in the unencumbered funds portion of the budget for the administration to use in any way it sees fit for the last 3 months of the governmental year, as we observed in those prior years …  I am told that others in the know, whether they themselves have looked into the same backup or participated over the years in the planning and execution of the Town’s special events were  baffled by Comm. Vincent’s assertions ….stating due to the known allotted amounts for each special event specifically being discussed in years 2008 and 2009  during  the budget process …(prev. posts/Town website archives)…. it could not be so ……there was a $93,000 overage that went unnoticed …. In my previous post on the meeting, I stated I made a request to the Town to check it out… and below are the requests made and the responses from town.. …Thus, the reference to the above plays from Shakespeare came to this writer as a result of those findings…

……….

Commissioner Vincent verbatim – Commissioner Comments Aug. 25, 2010…

“In regards to the budget, I’d like Ms. Hoffmann to correct me if I don’t have this right, but ah, during my budget review with the staff last month one of the items of question of concern was a large amount of dollars that were budgeted for special events for the two previous years of 08,09. Roughly $125,000 one year and $140,000 in in 09. It raised my concern due to the fact that we budgeted less than half of that for the current year and next year year roughly $64,000. Although I’m happy with the lesser amount budgeted I still wanted to know why that huge difference. So I asked Ms. Hoffmann to investigate and explain the disparity to the years budgeted in the previous. What was found was the amended budget for 08 and 9 was $141,000 when it was actually $47,000. There was a $93,000 overage in that General Account, I believe, and could not be explained earlier when the budget review process started and that’s when we found it. This is just an example of one of the many things that the Commission and staff is dealing with and I would like to personally thank Ms. Hoffmann and Mr. Bentley for their continuing hard work and dedication in working with this Commission.”

…………..

My request below…

Hello, could you provide me with further explanation on Comm. Vincent’s comments made at the Aug. 25th Comm. mtg. concerning the “$93,000 overage” found in the “General Account” concerning the 2008 & 2009 “special events”..

…………..

The Town’s  response….

“He was talking about the special events account in the Recreation Department budget. If you look at the budget worksheet, it indicates that the actual expenditures in FY 2008/2009 were $141,173. Comm. Vincent asked me how the Town could have spent that much money on special events the year before, yet I was only asking for $64,000 next year. In researching the answer to his question, I found out that the $141,173 was the budgeted amount for that account, not the actual expense. The former Finance Director had apparently mislabeled the column when she prepared the worksheets. The actual expenses were only $47,450, a difference of $93,723 from the $141,173, so I believe that is what Comm. Vincent was referring to.”

…………….

This writer responded back to the Town the following…

“Ok, because I recall the special events were higher prior to 2008 due to the July 4th event which included lots of extras such as advertising a professional marketer and before that a barge as well as Zamboli w/ much more monies put in the fireworks
In 2008 Dodd/ Clottey did the 4th and it was cut down w/out those and then even moreso in 2009 and the beach fireworks
I will look and update thanks very much.”

……………

The Town responded….

“Yes, the Town did spend $125,362 on special events in FY 2007/2008. That column had the correct header.”

……………..

My response….

“So, it was just an error in location not a found 93 thou as it appears he was indicating? I will re-watch his comments as well to refresh my take on his conclusion. thanks”

………………

The Town Manager “did not think he was suggesting it was found money, just clarifying that there were sufficient funds to put on the Town’s traditional events.”

…………..

Upon watching the video once again, I must respectfully disagree …It appears to this writer that if you were not privy to what Comm. Vincent was talking about prior to his statements as the TM and staff were, it still sounds like a $93,000 overage was found in special events …… not that a header was wrong and that the bottom line was the $93,000 in that account which was the entire recreational account were correct…

In this writer’s opinion…this mistake found by Comm. Vincent ,while admirable and showing he was doing his homework on reading the budget (with the exception of looking for the correct distribution in the justification sheets )… should not have been used in his Comm. comments….. because the bottom line concerning the “$93,000 overage” in the Recreational Account was really just “much ado about nothing”… this time by the former Finance Director…OOPS!….

link to Comm. Comments 8/25/10 Town website …http://lbts.granicus.com/ViewPublisher.php?view_id=2

more to come….

Post Division

Here’s The Scoop … August 25, 2010 Lauderdale-By-The-Sea Regular Commission Meeting Round-Up …

August 29, 2010 by Barbara

WHIPPING RIGHT THROUGH IT …

Dear Readers…The new Commission and this new administration whipped right through jam-packed agenda in record time …in one hour and fifty-nine seconds…This agenda that included once again a myriad of minutes to approve (7) and inordinate number of new or amended Ordinances …both first (2) and second readings (4) …as well as Resolutions (3)…along with approval of some uber-important choices that impact the Town going forth…(the Annual Audit Services vendor and Town Manager along with direction on renegotiating with the Town Atty. and the VFD)….Some on the dais that had been undoubtedly unprepared in the previous few months appeared to have gotten the hint that although this writer may still disagree on the subject matter… and will state that fact…criticism will be on the topic not on the lack of being prepared …Same goes for the staff’s /contractors presentations… That being said this meeting and the previous meeting at 5 pm (prev. post) prove the Commission is ready in October to make the anticipated change to Adventura style model presented to them when they first came together by Town Atty. Richard Weiss…One Commission meeting and One Roundtable meeting each month…This writer’s preference Commission Meeting the 2nd Tues. of the month followed by the Roundtable the 4th Tues. of the month…

The meeting began a few minutes late due to the previous Budget Workshop running long …After the pledge there was a moment of reflection due to the Town Chaplain not being in attendance…With no presentations…up first was Public Comments….At first the mayor thought there were none… but there were although limited in number…

MPSC Co-Chair Edmund Malkoon came to the podium as “resident” and commended both the Commission and Town Manager stating he purposely left off the interim from her title (she had not yet been voted on) for the Budget Workshop meeting and trying to retain the 3.999 but stated if they could not get there the 4.09 was really commendable when other communities are really increasing theirs…He again addressed the desire of having the Town purchase the Demko House due to it being a historic structure…

BC- Ms. Demko came before the Commission a few years back offering the same… It was a approx. a million …It fell on deaf ears and should do the same now as the Commission was just told they were looking for $153,000+ to keep the millage down and we are faced with major infrastructure issues …Ms. Demko and her family should donate the house if they want it to stay protected…. in this writer’s opinion, otherwise take a pass…

Joyce Murray came to speak about the St Vincent DePaul “Walk A Mile In My Shoes” for the poor and needy on Sept. 25, 2010 from 7-10 am … https://www.svdpusa.net/pledgathon/public/index.php?action=pledgathon.addteam&campaignid=11 …..She stated the Community Church Lauderdale-By-The-Sea Community Church located on 4433 Bougainvilla Drive also had a Disability Awareness Fair from 9-noon the same day and recommended attending both events… Interested participants can call 954-943-9717 …

Diane Boutin came to speak about the previous budget meeting stating it was excellent and addressed as she has in the past the role the businesses and the residents play in big picture…

The Public Safety Reports were done as this was the sole meeting for August …

BSO was passed 5-0 with no discussion..

VFD was the first time up to the podium for newly elected Fire Chief Steve Paine (prev. posts) …The Mayor welcomed him and stated she knew he had been with the Town for a while and congratulated him on his new position …Vice Mayor Dodd  also gave his congratulations …and stated “Let me repeat myself publicly that I am 100% committed to having the most professional Volunteer Department serving the needs of the town. I have been patient with my requests for responsible cut backs which I’m happy to learn are no longer falling on deaf ears and I would like to thank the whole volunteer fire department for their dedication.” He added a question about the medical calls being marked cancelled and asked if that meant the VFD is still paying the staff but not adding the wear and tear on the vehicles?…Chief Paine answered that was correct…The VM also found a computer glitch with the times on pages 9-14 and Chief Paine will correct it…

Chief Paine went on to inform the VM and the Commission of some changed being made.. He said on Monday (8/29/10) there would be a conference call with Broward County to have the call cards adjusted and the software had been ordered to change the pagers…There is a station pager that will be reprogrammed and his pager, the Dep. Chief’s, one Batallion Chief and the Chief on-duty will be reprogrammed as well so that medical calls will come to them only…Then it will be up to the Chief on-duty’s decision to decide if the medical call needs to have VFD …as they will no longer go on those sick calls where as person was ill for 3 days since it is obvious the med unit (AMR) can take care of it…unless AMR needed assistance for an unusually large patient (as was done in the past …with a less than steller performance on the details from the dais from former Dep. Chief McIntee …prev. post)….. He went on to state a letter would go to AMR stating the VFD  would be automatically involved for certain criteria such as heart attack, strokes, drownings, respiratory failure and any child..He said it would be a trial and error with the software done after ordering overnight it should be up in the next month…He was congratulated by the VM…The report was passed 5-0

BC- This writer has heard a few additional questions that need answering…by the new Fire Chief… We heard the VFD went into Sea Ranch Plaza a few weeks back and did a drill without their consent, using their water and making the Mayor and SR Police furious…If true…How come?…. Second on the new medical calls… As the VM stated in the past the decision on VFD going on medical calls should fall under AMR to decide…Perhaps there was a disconnect in the exchange above or it was not stated correctly …but Chief Paine’s criteria takes much of what is still unnecessary med calls for VFD still in play… We also hear that a few nights ago only 5 VFD members showed up for a call and there was no backup truck that would have been available due to the no-shows…Again, if true what’s up within the department?… Are there some behind the scenes pre-negotiating for perks coming from the new Chief?… We hear he may be asking for a personal vehicle and other “leaders” want to follow suit… If this one is true…WOW!… Is this why Comm. Clottey (via Marc Furth?) declared the new lower $700,000 cost if the contract is renegotiated too high still without apparatus inclusion?…Hmmmm….

One person in the know suggests the following… Note to the new Administration…You may want to get the VFD consultant to take a look-see…. The Sunbiz.org site … http://sunbiz.org/ … has the department listed as LAUDERDALE-BY-THE-SEA VOLUNTEER FIRE DEPARTMENT, INC. ….The department until annexation we are told was the Town’s fire department which changed with the contracting in of BSO to becoming a contractor as well …The question now is…Should the Town once again take back the VFD and forgo it as a contracted vendor?… It would lead to the oversight needed to get this VFD in order under the Town’s direction…with a yearly budget and a say in how the leadership is decided as well as where the taxpayers money is spent beyond the apparatus now headed into a Town controlled account… It might bring back the VFD of old where calls were voluntary and not income boosters …It might also further address the Pension issue…that got a little better with the following info passed along by the new Acting Finance Director and Town Manager Hoffmann (see below) by finding out why for so few members we pay $10,000 for an actuarial analysis for any year… This writer recommends the consultant and the Administration seek out and confer with the many old-timers (VFD) who are still in town and most critical of the current 2008 resurrected VFD ….
……….
From: Finance Director
Sent: Monday, August 23, 2010 10:03 AM
To: Connie Hoffmann
Subject: VFD Board of Trustees Meeting – Thursday, August 19, 2010

Connie – I just wanted to give you a brief update re: I attended the above meeting last week. Three of the five members were present. The two not in attendance were the VFD representatives. The town’s request to have the actuarial report done ever two years was approved and the actuary from Gabriel Roeder Smith was there to support our request. Also, apparently this was the first time a representative from the town attended one of the board meetings.

FYI on another VFD topic. We received the payment from the state for the retirement plan in the amount of $73,507.15 and I notified Miguel and he picked it up this morning.

Doug Haag
Acting Finance Director
Town of Lauderdale-By-The-Sea

From: Connie Hoffmann
Sent: Fri 8/27/2010 7:23 PM
To: Birute Ann Clottey; Chris Vincent; Roseann Minnet; Scot Sasser; Stuart Dodd
Subject: FW: VFD Board of Trustees Meeting – Thursday, August 19, 2010
Wanted to let you know that Acting Finance Director Doug Haag found out that the Fire Pension Plan does not have to have an actuarial analysis done every year, we can go to every other year. The pension plan is a small one, yet the actuarial analysis was costing the Town $10,000 each year (paid by Fire Assessment Fees). So, as you can see from the email below, he asked the Pension Board to consider going to an every other year schedule and they approved it. So we’ll save $10k next year, then will have to budget for it again in the following fiscal year. Connie
……………

AMR was represented by a member and Comm. Clottey stated she went to the FLOCities conference and was informed that EMS is used as a substitute for primary physicians …The AMR medic responded he did not understand her question (welcome to the club) …Clottey went on to describe the use of Emergency Rooms for regular medical care and she wanted to know if EMS was used in the same capacity…The AMR medic stated no ..that was not the case …with the exception of tourists …(of course)… The report then was passed 5-0….

The 7 sets of minutes from June 23, 2010-July 28, 2010 were approved in two votes…5 passed 5-0  after VM Dodd pulled a. & f. and instructed the Town Clerk of the changes including this funny…The VM informed June White that on page 12 of the June 23, 2010 minutes she had the word moral and it’s actually morale …”It’s not talking about the morals of the Town, it’s talking about the morale!”… Afterward those minutes were also passed 5-0…

The Consent Agenda was also passed with two votes… The Mayor pulled items a. & d. …leaving b. (budget amendment for projected unemployment costs FY 2009-10 $16,517) and c. (Budget amendment for Esther Colon payout- $74,611) both put on by Acting Finance Director Haag passed with no discussion 5-0… The Mayor wanted to make it clear she did not approve  the Audit Company (Grau &Assoc.) chosen for one-year at the prior meeting…(prev. post)….Comm. Sasser had recused himself at the prior meeting and did so again…When they voted Town Clerk White could not count and stated it was 4-1 Mayor Minnet voted no…She needed to be corrected due to Comm. Sasser’s recusal…Ms. White still could not process the vote for a moment …ARGHHH…….Item d. was pulled by Mayor Minnet to address for the public it was discussed prior and the laptops being replaced would be going to the Community Center…and it was necessary to upgrade the Commission’s laptops to work with the new system…The Town Manager stated it was not only the laptops for the amount being asked for…The Mayor stated she was not sure she would have approved this expenditure until she learned they would not work with the new system…Vice Mayor Dodd stated he wanted to make two comments …First that it is very refreshing to see the agenda forms being used correctly with the  financial impact filled out for the very first time and secondly he thought it was great to use for the town’s pre-owned lap tops and he was sure the Community center will be able to make good use of them…. These items passed 5-0..

On to the Ordinances …Development Director Jeff Bowman was at the podium ( a surprise after hearing he was at a FEMA conference all week) …He spoke after the item was read by the Mayor and the TAtty… Ord. 2010-11 (1st reading) went in front of the P & Z  Jan. 26,2010 and June 16, 2010 …was tabled until the July meeting and was approved (prev. posts) … He stated it made the mortgagee responsible for “abandoned real property” and staff concurs… There was no public comment and no Comm. discussion..It passed 5-0… Ord. 2010-13 (1st reading) was to change the code to allow one Comm.Mtg/one Roundtable Mtg. by amending the prior ord. for 2 each month…The TAtty. added also the clause to allow for not holding a meeting as was done in August …Public comment was made by Diane Boutin who commended them and supported the new technology …No Comm. discussion …passes 5-0…

Ordinances 2nd readings… Ord. 2010-03 was to allow the Town Manager to update the departments…The TAtty. stated the history and the versions that were considered by the prior administration and the current one …excess wording was removed and the Commission will approve any changes that impact the budget…Also the Town Clerk will assist in election matters per Comm. Sasser’s request (Ms. White dropped the ball at the last election in any substantive assistance to candidates …(and the one before that in this writer’s opinion)…as well as being found the “culprit” ie the responsible ( or irresponsible) person for UOT not being properly registered with the state. as a PAC .(prev. posts) … after former VM Mcintee’s wife, Maureen while serving as Vice- Chair of the CIC filed a complaint against the opposing organization)…There was no public comment and no Comm. discussion…passed 5-0…Ord. 2010-10 was the amended Choice Environmental changes made after some successful negotiations on mixed-use and suspension of service made with the “players” Choice…Int. Asst. TM Bud Bentley…TAtty. Trevarthen and liaison Comm. Scot Sasser …Asst. TM Bentley did want one minor change made to remove the word “single” which would make it less restrictive and asked for Sept. 13th date to give Choice time to get ready for the changes…The Mayor thanked staff and Comm. Sasser for getting this done…There was no public comment…Good thing the Mayor thanked Comm. Sasser…because he was unable to make the motion or the 2nd…which should have been the case…OOPS!… passed 5-0….Ord. 2010-12 was the fire hydrants…Again Bowman read the backup only and stated staff recommends this…There was no public comment…One snafu came as Comm. Sasser asked about the header including automated sprinkler systems and why…The Int. TM stated it the sprinkler system was not included and the header was not in it and they needed to find out why… Comm. Sasser began to make a motion without the sprinkler system in the header …Ms. Hoffmann stated she was wrong it was included in line 30…and Mr. Bowman stated it was for above ground sprinkler heads …Due to the confusion it was deferred to Sept. 14th…

BC- another question…we hear the fire code already has this in place and a Reader wonders why it will be done on top of that?…

Ord. 2009-35 was the pools and fencing of them…it began in 2009 went to 2nd reading ..but had to go back after coming in front of the both prior and present Commissions and P &Z boards due to the lack of information from Mr. Bowman or the prior administration that the P & Z did not want the pools in the front yards of any properties but corner lots…thus version 2 was the P & Z’s approved version and the one now being recommended by staff and up for 2nd reading…(all were prev. posted)…There was no public comment or Comm. comment and it passed 5-0…

Resolutions…2010-20 was the Comprehensive Plan Amendments …It was again explained by the TAtty. (see prev. P & Z  board cat. June/July meetings)…Public comment was made by Diane Boutin who asked if it was something cities regularly went through with no impact on construction…purely administrative…The TAtty. explained in more depth the procedure …but added it would impact those in process …as well as future construction… No Comm. discussion passed 5-0…Resolution 2010-22 was the retirement benefits for the Int. TM due to State Statute …The TAtty explained the necessity and Ms. Hoffmann again stated they looked into not taking it…Acting Finance Director Haag concurred it was required …The Mayor asked if it could be negotiated and he stated not for the Town Manager position ..it was a legislative act…No discussion 5-0 …Resolution 2010-24 was the fire fees for less than 800 sq. ft.   …This was brought to the dais some time back from then-Comm. Dodd …and now there will be some relief from $144 to $75 for inspections…No public comment..No Comm. comment…passed 5-0….

Commissioner Comments…

Commissioner Clottey thanked the Town for the FLOCities conference she attended but stated she would not speak of that this evening and would use her time for the Artificial Reef Project…She read off a list of names of those who came forward to donate to Global Coral Reef Alliance  the vendor …(501(c)(3) non-profit organization)…(prev. post-Pompano Pelican article)…. Included in the names were former CIC Chair Bob Roberts for $6,000 in memory of his wife as well as Aruba, Ocean Reverie…Comm. Clottey and  the Int. Town Manager…($100 )…She said they donated to the vendor and would receive a tax deduction…

BC- Although Clottey stated she could not take the money herself…she did spearhead these donations and was asking people to contact her…While it may not be an ethics violation it is on its face disconcerting for her to be in this position after voting on this project and being in the position of voting on any re-negotiated contract due to the vendor presently being in breach of the current contract with the Town…Also it seems wrong for her to enlist and aid in the vendor going forth after three fellow dais members asked the Town to go back and renegotiate the contract as well as the Int.Town Manager /TAtty. questioning the permits…the Town’s liability for the project and the costs in the next 5 years for this research project…not to mention VM Dodd’s position that the vendor go ahead with the 1st buoy before building any others…as they now have stated they have done!…

The Mayor also stated she enjoyed the FLOCities conference and thanked staff and Buster Celestino for the newly installed Bocce Ball court (prev. post0..She spoke of the Trim Notices received and again stated it was advisable for taxpayers to see what other entities make up the costs…She recommended they contact those entities…She answered comments made earlier about the businesses vs. residents and the Chamber and stated information was required before committing taxpayer monies…

Commissioner Sasser … “Well, I agree with the Town Manager comments on her report that state it has been a very busy August. I am very grateful that we agreed to have this meeting rather than bypassing all the meetings this month. Updates, Halloween, we have made great strides with some great volunteers. I want to thank all of you who have worked thus far and thank you in advance for your efforts in the future. I want to give a quick shout out to Marie, Wayne, Ken, Bill and of course my wife Teresa who have worked very hard at creating from scratch the decorations for this years’ event. It is a daunting task when you start with nothing and I thank you very much. Choice, it has taken a while and August has been full of people vacationing but we finally have the data we need to make some determinations and propose solutions. I should have something for you by our next meeting, hopefully to accompany the Ordinance solution voted on tonight. Chamber of Commerce contract and funding request. After a couple of false starts we are moving forward with their vision and I have proposed their request to the Commissioners and staff tonight during our Workshop. Finally, We, as your Commission and Staff, seem to keep running across issues that have been long forgotten, ignored or plainly mismanaged. While we cannot sweep the past under the rug I, for one, want to personally assure you that my intentions are to get to the bottom of the issues while remaining fixed on moving forward. I will be searching for answers to these issues that are truthful, transparent, ethical and legal. You elected me to make the tough decisions that were the best for the town. Many of you told me often during my campaign, just be fair ,That is what I intend to do. While seeking our future we must sometimes be confronted with the past. I endeavor to confront the past and quickly move to solutions that get us on track for our future. I ask that you support the activity filled future of this sitting Commission and assist us with the same forward progression that I eagerly want to pursue. We have a wonderful town that we all want to preserve. In order to do this we must accept and agree on our plan, infrastructure, drainage, funding and, if we are honest with ourselves, change. Yes, sometimes change is needed to maintain and preserve that which we hold dear. All of this in a tough revenue season will bring about tough decisions. The Town Manager has proposed several public workshops to assist us in making some of these tough decisions. I urge you to participate. I urge you to keep an open mind to what is needed. I urge you to voice strongly your opinion. Finally, I urge you to, in the end, help move us forward in unity.”

Commissioner Vincent stated he too attended the FLOC conference, his first …that it was rewarding and interesting  and what it focused on …with the open roundtables…and discussion on revenue shortfalls and public comments… He spoke of finding in a budget meeting last month with staff a big mess-up with special events in the previous 2 years o8-09 of $125,000 & $140,000 …He stated it raised his concern due to it being half in the current year and next year being budgeted for $64,000 …While he was happy the cost was significantly less he wanted to know why…He asked Ms. Hoffmann to investigate the amended budgets and explain …He stated it was not $141,000 but was actually $47,000 and that there was a $93,000 overage in that General Account…He believed it could not be explained earlier when the budget review process started and that’s when they found it… He added this was just another one of the many things this Commission and staff is dealing with and thanked Hoffmann and Bentley …He also made a personal note of thanking all that volunteer and then made mention of BTSFuture Editor Mark Brown’s recent award from the International Society of Weekly Newspaper Editors …(see BTSFuture July edition)… http://www.uky.edu/CommInfoStudies/IRJCI/ISWNE2010.htm ….http://www.bytheseafuture.org/about.html

BC- I have sent a PRR for the information on Comm. Vincent’s comments concerning the special events in 08 & 09 due to no backup included and no further explanation from the dais at the meeting…

Vice Mayor Dodd stated “I attended the Florida League of cities this past week and found it a very informative series of lectures. All sorts of topics were available but the most comforting feeling came from the realization we are not alone sitting up here. All 410 cities that make up the league are facing similar budget problems, how to cut costs without cutting essential services. I am waiting for a reply from the league on another statewide issue,  how can municipalities bring pressure to bear on the FPL monopoly to start charging a realistic price per pole for LED lighting. FPL would like to be considered Green with Biomass power stations and solar arrays when it suits them. LED street lighting is so much more efficient yet there is not a separate price per pole or any incentive for a municipality to install a cost effective lighting fixture with a true payback under five years. The second topic I brought back from the league of cities is recycling.  I have taken steps to obtain a copy of an Ordinance from Madeira beach where they have just introduced a recycling ordinance to allow them to let me euphemistically call it “encourage people” to get with the program. Governor Christ signed into law that the state has to achieve 75% recycling by 2020. The first step is 40 % by 2012. Currently Broward recycles 25%, Palm Beach 33%. We get a rebate from the recycling plant based on our tonnage. We need to start now and stop through money out with the trash. I will bring this back at the next round table for further discussion.
Hillsboro Inlet took over their two new work boats which have finally arrived. They will be put into service immediately.
Apologies to staff for the extra workload of an August meeting but I personally think we should aggressively work towards one Commission meeting and one round table per month and possibly consider only one December meeting if the workload will allow us the time off.”

Old Business was to be on the qualifications for a search firm to be enlisted to help with the search and the choice of a new Town Manager…It was not needed as the Commission made their choice as previously posted to retain and negotiate an agreement with Int. TM Connie Hoffmann …

New Business dealt first with the Town Commission approval of processing Proposed Regulatory Charges… Dev. Dir. Bowman came to the podium and stated it was 2010-16 Chapter 30 in the Code of Ord. … It included the changing of zoning for the Pet Groomers in the business district …accessory buildings and signs …All had been addressed prior at meetings…Comm. Clottey for unforeseen reason wanted it deferred until season and the return of residents…HUH?… She was ready to bend on the pet grooming portion (after Dir.Bowman stated the pet groomer would be stopped from opening his business)…but not the rest…until it was made clear once again by TAtty. Trevarthern the process of going to the P & Z on 9/15/10 and then to 1st & 2nd reading for public comment 3 times …. Comm. Clottey should know the process after 2+ years on the dais…She then withdrew her motion seeing no backing from the other Commissioners…Comm. Vincent asked if the pet groomer still wanted to come in and reiterated his stance on being diligent and expedient to move forward to help business… Comm. Sasser wanted to know if there “was a better way to build a mousetrap” when dealing with zoning items by making them more inclusive and wide ranging rather than having to add individual additions…TAtty. Trevarthen stated she had long asked for this and that is what is happening now…A motion was made to approve it….passing 5-0…Diane Boutin made the only public comment supporting it and stating we already had a dog groomer next to LaSpada’s… TAtty. Trevarthen stated it was a non-conforming business…

BC- Sorry but the Peter Principal still applies to our current Director of Development…in this writer’s opinion, as evidenced each time he is at the podium …I am hoping n the future for a Dir. who will be as qualified and fully able to apprise the Commission at the mike as we have had in the past…especially with an abundance of changes that will take place over the next year +….

Up next was LETF fund approval for an ATV and other equipment…Questions of LBTS-BSO Chief Llerena came from the Vice Mayor on what funds were available in the LETF and the Chief spoke of the $70,000 to come back from the questionable use last year by the former administration for the BSO’s new space in the public safety building leaving them with over $100,000 Comm. Vincent saw the justification and joked he wanted a ride after hearing the Inrt. TM state her nephew took a ride in a golf cart over July 4ht… Comm. Sasser asked about the security cameras …a line item and the company…Chief Llerena said they could add the cameras and he would go through the proper channels of BSO legal affairs first…It passed 5-0

BC- We have heard the security cameras at the entries of the Town are not as up to par as they could be…This writer suggests …replace them with the ones that can zone in on license plates…and use the old ones in the downtown area…

The next NB item was to schedule a September Roundtable…after some calendar juggling…it was decided Sept. 20th at 5 pm…so that VM Dodd could make his Hillsboro meeting at 7:30 pm…Meetings will be Sept. 13th Budget Mtg. millage/Fire assessment /Sept 14th Reg. Comm. Mtg./Sept 20th/Sept. 21st MPSC updates on A1A FDOT project with drawings/ Sept. 22 P & Z… codes etc…/Sept. 27th final Budget Mtg…Agendas will be posted as well as posts after each meeting …All are open to the public…on Comcast Ch. 78/ on Town website live-streamed and archived…

The final item of NB was to have a member of the Commission appointed as a liaison for renegotiating the current Town Law firm Weiss, Serota to be on retainer…They are currently on an hourly basis ….left over from there Special Meeting in 2008 (prev. post)… After discussion from the Mayor and Comm. Clottey on a retainer vs. hourly comparison …the Int. TM stated she would do some comparisons…TAtty. Trevarthen reminded them the firm used prior to them was on retainer for a portion of the work they did with additional charges as well…

The Town Manager report dealt primarily with the Artificial Reef Project …(prev. post) …The total disconnect in what was directed and desired by the majority on the Commission and what the vendor with the aid of Clottey and some donations went forward to do… There was quite a divide up there between the Mayor/Comm. Sasser and VM Dodd vs. Comm. Clottey and Comm. Vincent… It ended with a vote of 3-2 to send a letter and a new contract to the vendor, Global Coral Reef Alliance for being in breach and the need to address the contract as well as the viability of the first buoy ….A more in depth post will follow on the exchange and some additional info…Although most on the dais stated they did not need to see the contract and letter before it went out from the Town…we have been told Comm. Sasser “The Contract Guy” quickly informed the Town he definitely wants to see them…We have also heard VM Dodd has further looked into solar buoys and has requested from the Town a test of the buoy ASAP!….

One last piece of business was the approval of the Community Theater agreement.. With no discussion the vote was 4-1 …Mayor Minnet voted no…She did so due to covering the liability insurance to be done by the Town… as represented by the Int. Tm… The backup does not show that as the reason for the monies… From agreement in backup …. http://www.lauderdalebythesea-fl.gov/town/backup2010WORK.htm

“3.0 Services and Responsibilities of the Town
3.1 The Town agrees to provide funding for the term of this agreement in the
amount not to exceed ONE THOUSAND DOLLARS ($1000) annually to
assist in the funding of the performances payable in three 3 increments
of THREE HUNDRED AND THIRTY THREE DOLLARS AND THIRTY
THREE CENTS ($333.33). Each payment will be made after the
performance series for each play is completed.”

“5.0 Liability Insurance
5.1 CPAC shall not commence work under this Agreement until it has
obtained all insurance required by the Town and evidence of such insurance has been
provided to and approved by the TOWN All subcontractors of CPAC must also
provide evidence of insurance to the Town before providing any services. No
subcontractors may provide any services hereunder unless approved in advance by
Town.
5.2 Certificates of insurance reflecting evidence of the required insurance listed
below shall be filed with the TOWN prior to the commencement of services
hereunder .These certificates shall contain a provision that coverage afforded under
these policies will not be canceled until at least thirty 30 days prior written notice has
been given to the TOWN Policies shall be issued by companies authorized to do.”

BC- as much ass I am a proponent of the Community Theater…I agree with the Mayor, and cannot see how the TAtty. in the final recommendation will go along with the Town covering taxpayer’s monies for liability insurance…as it will lead to a precedent that could come back to bite us as Ms. Minnet stated at the 5 pm Budget Meeting (prev. post.)…

The Town Atty. had no report…Hmmm… seems she should have…updates would be nice on BJ Harris etc…

They were adjourned ….

Link to Town website backup …. http://www.lauderdalebythesea-fl.gov/town/backup2009.htm

more to come….

Post Division

Here’s The Scoop … Lauderdale-By-The-Sea August 25, 2010 Budget Workshop … Money In … Money Out ….

August 27, 2010 by Barbara

CAN WE PUT A CAP ON IT?….

Dear Readers … Wed. night the Commission came together for an August Budget Workshop to offer an opportunity for public comment and catch up after some delays imposed on the new administration due to changes within the Town with terminations and resignations …new hires and new disturbing “minefields” that met them at each juncture…

Up first was the return of the Community Theater which was tossed out in 2008 with a new majority on the dais…and a Town Manager that was only too happy to comply, or so it appeared in giving the theater group the heave-ho … After some false starts yet again over the funding ..would it be from the taxpayers and/or from the letter asking for donations which went out from this non-profit company before it came before the Commission?… Comm. Vincent did not do a steller job when championing it at that Roundtable and we the taxpayers were left to wonder what the dollar amount would be as he quoted in the neighborhood of $12,000 or more…The Int. TM said it was less… We hear some residents made phone calls to certain Commissioners after the exchange and stated no-way, no-how it should just be donations… This time the agreement which was included in the backup stated the cost to the Town will be approx. $1,000 to cover liability insurance which will be paid to the company after each of the 3 plays that are set …although the dates need to be double checked for any conflict in using Jarvis Hall…Mr. Ragusa came forward to answer question both the old re-hash of the theater groups demise…and new concerning accounting and the status of being up to date with the non-profit requirements from the state…Mr Ragusa answered he was up to date and could produce the paperwork and also he thought he had enough for each play although he did not know what each one would cost …Donations received were approx. $3,000 thus far …He is unable to pay for the liability ins. required and the Town would cover that with the $1,000 …The Vice Mayor stated he was really happy that with the change in the dais and the administration the residents and visitors may well get to experience local people engaging in local theater productions. He said he was sure Mr. Ragusa is aware of the heavy load placed on the use of this hall and that the town will do their best to ensure the theater group gets the necessary time to set up and rehearse….
Comm. Sasser asked about state statutes with the $1000 and non-profits …and the wanted to make sure we were covered …The TAtty. said she would review the agreement if they chose to go ahead…Ms. Hoffman stated she did not include that in the agreement because it was a small amount …Comm. Sasser responded the Town had problems in the past over $30…(Greenfest-prev. posts)…Comm. Sasser also addressed the accounting being done simply by using a spreadsheet ….Mr. Ragusa balked at that and said to do that last time meant hiring an accountant that charged him $2,000…He said he would turn his books over to the Town and they could do whatever they needed to… The Int. TM thought it would be easy to accommodate that… Comm. Clottey did make a comment stating it was 2 Commissions ago for the demise…not so…A look back shows that Commission tried for a years long agreement to stop any new Commission from pulling the plug …She also could not imagine the cost of an accountant being so high….The Mayor was concerned about the Town paying for liability insurance and that to do so would set a precedent and open the Town up to future similar requests … In the end the consensus was to move ahead to vote on at the 7 pm meeting…

Next up were the Sea Ranch Club sewer fees… and we understand a few SRC residents were in the hall… The Int. TM introduced her consultant, Ms Margoles  who provided the report (prev. post) and she came to the podium to answer any questions… Ms. Hoffmann added as she approached how complicated this whole issue is …that the more they find the more complicated it gets (prev posts) …Ms. Hoffman also stated the “struggled” with how to present it..and added the town has a fragmented sewer system …2 separate sewer rates …and spoke of the detailed report in the backup (link below)…This writer as previously posted, disagrees with Ms. Margoles on some of her facts and as VM Dodd stated from the podium, I too disagree with her to seek legal counsel to put SRC under the north’s agreement with Pompano Beach (higher rate …surcharge and availability per unit charges) which would most likely bring forth a litigation with the 4 SR annexed in condominiums in 1998…The Int. TM did bring forth before any discussion going to Pomp. Bch and getting a new townwide master sewer plan with them after more study ……Ms. Hoffman stated she had a “social lunch” with a Pompano Beach Administrator and did bring up the probability… She included that it is a given all sewer rates will need to be increase due to the south not paying passed on rate increases as well (prev. posts)…

VM Dodd stated …that the sewer situation is quite complex and he did not yet agree with the present staff recommendation of putting SRC with the north…. He went on to speak of the history …that in  1997 the four Sea Ranch buildings were annexed into town and they asked to pay the same rate as the residents at the south end of town. The main annexation for the north end in the year 2001 were covered by an agreement that they paid directly to Pompano Beach. He added that the south end of town enjoyed a large user agreement as a result of the 2007 agreement. The north end pays a higher rate because their infrastructure repairs and replacement is covered by Pompano whereas the south end enjoys a lower rate but no provision has been made to replace the pipes when they finally collapse. He stated that on top of this mess the residents of Sea Ranch and the annexation of the north has left both these groups of town residents out in the cold since neither was included in the master sewer plan agreement of 2007. His opinion was as we are to move forward the town has to re-evaluate and come up with a proposal to increase the sewer rate at the south End and include Sea Ranch so that money is put into a fund to cover the eventual replacement of the sewers. Additionally he directed the Town Manager to  enter negotiations with Pompano to bring everyone into the Master sewer plan since there is little point paying a 25% premium when the town has just spent 10 million putting in new sewers. He added to let the money remain in LBTS coffers rather than Pompano Beach. He would propose asking for further research to ensure Sea Ranch are not dumped into the agreement covering the north End and perhaps the manager can renegotiate a united town agreement that will take us forward for the next 20 years….Ms Margoles missed his point completely and reminded him of what he was well aware of …that the Town was paying for SRC when they paid Pompano Beach…UGH!…

Comm. Clottey stated it was worse than the VM said it was up north (the 2005 agreement) that made residents with new sewers pay PBeach an $800 hookup charge …She said that money went to new sewers in PBeach…She added that none of the present Commission had anything to do with that agreement (but her choice for a return to Hillsboro Inlet Commission, Oliver Parker to replace Dodd last year…sure did!)…She addressed through the chair the TAtty. and stated she personally did not think it was “fair” to assess SRC for the monies paid since 1998 but wanted to know if there was a legal responsibility for the Town to do just that…The TAtty. stated she had only made an innitial look into the situation…

Comm. Sasser stated there were a lot of questions and with the time constraints of this evening and the info still not known …the legalities and the agreements he thought the better way to handle this was to gather that information before asking the questions and he had plenty of questions as well…

Mayor Minnet agreed and asked him to get his questions to the Int. TM  …She said we need a better understanding before they can address it at a Commission meeting…

The Int. TM stated they “grappled” how far back to go and needed guidance from the dais…She added it won’t change anything…

The Mayor stated it was time to come together in an equitable way and move forward…

Comm. Sasser stated he wanted not to find blame but to find how those funds were allocated behind the scenes and the legalities involved with that…meaning in the former administrative actions not the SRC /SRLNorth /south customers… He stated it was in his opinion a “colossal mismanagement by this Town”…and wants everybody on the same agreement…

The VM agreed to go forward …and again stated his preference that any surcharge stayed in Town rather than going to Pompano Beach..

Comm. Clottey agreed to go forward and stated she had spoken to past Commissioners in Old Town (Parker/Furth?) who stated a bond was obtained for sewers there and assessed to the taxpayers…It was kept in place until approx. 2002 illegally and was taken off the books when challenged …This writer needs to check that claim out…She thought it was possible those were the funds used to pay for the difference……She asked the Int. TM to check that out …..This writer needs to check that claim out as well…

The Mayor said that would mean going back to the 1960’s!…Clottey said it stopped in 2002 …pre-annexation from 1998 with SRC and move forward was her direction to the Int. TM and make it equitable…

The Mayor added and asked the Int. TM and Ms. Margoles to concur that some information is simply not there…They concurred and Ms. Margoles held up a thick book of the report info thus far…She also thanked staff for their help…

Next was to be the FY2010-2011 budget…but Mayor Minnet asked that it be held to discuss the Chamber due to the funding being included in the budget and the decision of how much that will be needing to be decided…

The Chamber Board was in attendance after some back and forth meetings that took place formally and informally in the weeks prior along with the resignation from the board of Yann Brandt who was the Chamber liaison working with Comm. Sasser, the liaison for the Commission… The problem as this writer sees it from the information I have received is there are two distinct visions of the Chamber of Commerce/ Welcome Center ….One vision is the status quo…a small Chamber that operates with a full time administrator and a hand full of volunteers plus a full time employee for the Welcome Center and a part time employee …The lines between the Chamber and the Welcome Center become blurry at time and distinctly separate at times…and most of those times are when it comes to funds… for employees etc… The track that Mr. Brandt was on and was the same one seen by most of the Commission as well as past and present members and board members of the Chamber was to grow the Chamber to advertise more…increase membership …and hire a consultant to aid in the marketing over the long run…That “branding” being bandied about…last year by Comm. Clottey and others and this year by Comm. Vincent …It appears to this writer that the 27 year old Mr. Brandt brought back to the board what he said he would …and that may have caught some off guard with his accomplishment …The course proposed seemed overwhelming to some of those in charge and it sounds like they balked…Mr. Brandt who has limited time due to his career…his new appointment as P & Z Vice Chair …and of course becoming a new Dad resigned …In this writer’s opinion that was a huge loss for the Chamber…I can tell you first hand that in my experience with him, he has always delivered what he says he will…never exaggerates what that is …and not only has the ability to succeed …he has the contacts…the insight and resources to carry out any vision he is presented with…My concern with the “powers that be” inside the Chamber is the same as any other aging organization…the organizations and boards should not be afraid of new ideas …change and vision coming in with young people …They should be afraid only if no new blood comes in the doorto carry on …as they have one foot out of it!… The Chamber was concerned with too rapid of growth…overcrowding the small building…and the possibility of Ft. Lauderdale breathing down their necks if proposed changes were made…There is no way the growth was going to catapult them into any of these scenarios in year one… And a consultant could have prepared them for how to work with any such concerns…including a satellite office as suggested by a Reader (not former VM McIntee-prev. posts) to accommodate if need be…

The Chamber changed its need to separate the Welcome Center from the Chamber asking the Commission now to supply the added $20,000 for a full time Welcome Center employee …$10,000 would supply a part time employee …and no increase ($35,000 is an increase from the prior few years) would not supply either…But a break down shows the following…The front desk staff $12.00 per hour. $12.00 x 8 hours is $96.00/day or $35,040 annually for Veronica, (full time) and a former staff member’s replacement, (when they find one). Filling the part time position has become a problem for the Chamber. The Board of Directors believes they need to increase staffing to two full time people. This equates to 10 shifts per week instead of the current 7. ($96.00 per day x 10 shifts per week = $960 per week or $49,920 annually. They also feel the hourly rate might have to be increased if they want a higher quality individual who can take some of the work load off of Judy…The Chamber stated they as the Chamber would not be asking for anything…only for the Welcome Center which they have funded to cover any gaps of funding from the Town…Everything inside the Chamber remains the same and no consultant is needed or wanted…This writer has been told that a consultant should be hired by the Town directed by the Town for a business development plan that includes the Chambers input but not under the Chamber’s auspices …

As they came to the podium Comm. Sasser presented to the dais and the taxpayers what the Chamber ultimately was asking for the $55,000/$45,000/$35,000 scenarios described above …

Paul Novak the President of the Chamber stated Comm. Sasser had it correct from the last meeting they had (post Mr. Brandt) and spoke of the additional monies also adding to the ability to advertise as well (in the neighborhood of an additional $5,000 if a full time employee is hired)…This writer has been informed the Chambers advertising has dropped from pat years of $50,000…$20,000+ to approx. $2,000!…He too stated they needed to take much of the burden of of Judy ….

Diane Boutin from the Windjammer spoke not as a representative of the Chamber  of the importance of the Chamber and the dollars it and the Welcome Center bring in sales and real estate and stated the $55,000 was nothing in the scheme of an $11 million dollar Town budget …comparing the cost to 4th of July and other events…

Comm. Vincent thanked Comm. Sasser for his role and stated he couldn’t say it better than Ms. Boutin …adding hard economic times for Towns and again using his “branding” scenario …He summed up the status quo of $35,000 being  the equivalent of “going back square one” and $45,000 with a part time person not enough and a full time person with $55,000 the “catalyst” for moving forward…HUH?…

Comm. Clottey said the Mayor was correct at a past meeting stating we are the only ones supporting our Chamber (monetarily)…This writer is not so sure with that statement…Some others must be housed in Town owned buildings…etc…She stated the County should be more of a factor and bring down the Town’s contribution to the Welcome Center …She again brought up in town and out of town businesses…asking for the? time the percentage of members in the Chamber…she wants 50-50… Judy Swaggerty from the Chamber stated at the podium they ran the numbers a few weeks prior and it was 50-50 or 60/40 she was not sure…

Comm. Sasser asked for direction through the Mayor of what the Commission wanted..

Vice Mayor Dodd  stated he was disappointed that it appeared that  the chamber wants to maintain a status quo rather than move forward and become the marketing arm of the town. He said he  was prepared to authorize a payment of up to $55,000 if the chamber adopted a more aggressive marketing stance…but since they are happy with doing the same as last year then I believe in these times of financial restraint they too need to cut back …adding even the commission has chosen to forgo our raise so why shouldn’t the chamber if they only want to do what they did last year.. and add an employee  …he was having a problem with an increase…and wanted Broward County brought into the situation….He said he has always supported the chamber but am disappointed …and still did not have the realistic amounts ..

The Mayor asked the Int. TM for those actual fund amounts including the building …she understood they are two separate entities and was a proponent of both but spoke of the taxpayers funding it…wanting a plan presented…still…and of wanting to take it to the next level …asking for more information…and stating she was not ready to fund the $55,000…She thanked Comm. Sasser for this assistance …

Comm. Sasser spoke of the need for clarification he was hearing from some of the members of the dais on the financials again speaking of the new separation being asked for…just the Welcome Center…

Paul Novak clearly agitated said he did not know what they meant by a “higher level” and spoke of the problems stated above Ft. Lauderdale …the building size etc… He admonished the Mayor  and reminded her she had been in the position to know what happens in a Chamber from her time there on the board…(The Mayor was miffed at his hard hit)….He said Judy does the selling..and works hard…He enlisted resident and former Chamber board member Dick Clark to speak…stating he knows what’s what…

Dick Clark who we understand sat in on the first meeting with Mr. Brandt ..the Int. TM and Comm. Sasser was visibly uncomfortable and stated he should have watched from home …He said he was proud of the Chamber and gave some of his own professional history …he agreed with Comm. Vincent on the “branding” and the Chamber being a partner with the community …He states the visitor center is the only one on the beach and offered his time and help with a plan… It is our understanding he had many other ideas of how to move to that next level..but did not bring them to the podium this evening….

Comm. Vincent thanked Mr. Clark for volunteering his time  and asked Paul about the separation of the Chamber and Welcome Center adding it was valid to ask for the Town to reduce funds if Broward County funded some…Paul replied they cannot count on the County…

The Mayor was told by the Int. TM the cost budgeted was to be $18,000…but later corrected that to add the Town employees etc….so the total including them and the budgeted monies asked for would be approx. $86,000

Comm. Clottey asked why it was difficult to separate the two entities and costs…Judy answered it would be too time consuming to come up with the split of telephone…paper…staples and such…”a nightmare”… It seems to this writer if the funding goes through as separate funding to only the WC that will need to be the case for the next year’s audit…

The figures provided by the Int. TM made VM Dodd insist the County needs to be “kicking in” with funds…

Comm. Vincent did not understand his fellow dais members and broke it down …(as if they didn’t get it!)…adding it was to take the stress off of Judy…and if they closed down the Chamber the building would sit empty as it wouldn’t be rented for years…Quite a leap!…

The Mayor cut him off at the pass stating she wanted a business plan…still…and it was not too much to ask for…

Comm. Sasser said it was a conundrum and they clearly understood what the Chamber was asking for what they needed to decide was the number that would be given…

They agreed to decide after the millage and the budget presentation… (see below)…

The decision to keep the $55,000 or reduce it was again introduced and Comm. Sasser tied it all up with the commentary of the what the Chamber was asking for…and the desire for Broward County funds to lead to a deduction from the Town’s share…

The Mayor added now she was in favor of the $55,000 but done quarterly adding in the Broward deduction as a part of it if funds came in…

Comm. Vincent countered her requirement by stating this was an appropriation after asking if funding quarterly gave the Town to reserve the right not to fund it the reports were not done.. but he did agree with funding less if Broward funded…

Comm. Clottey said she was reserving her final decision until she sees a business plan and allocation …She added a personal statement that she did not want the Chamber to give public monies to a charity as a donation (as happened last Christmas)…

So it appeared the direction was to keep the line item for the Chamber …rather the Welcome Center? …at $55,000 until a business plan was received for a final decision next month… and the Town and/or the Chamber would enlist some funding for the full time employee from the County..

BC- after his win over Beverly Kennedy this week to run as the democratic candidate for another term Broward County Mayor Ken Keechl must know he needs to make something ongoing happen to try and fully fund the $55,000 as a separated out entity that sits inside the Town owned Chamber building….on an ongoing basis…After all Comm. Clottey stated he was interested in funding the Artificial Reef Project last month…Voters should call or e-mail him and other Broward County Commissioners to add their voice to the need for County funding…

On a personal note…it is the hope of this writer that the Town consider a business development plan that includes the next level of the Chamber of Commerce in whatever feasibility study we pursue as part of the strategic plan for the future of this Town and that Yann Brandt is a part of that committee…

Chamber/Welcome Center link … http://www.lbts.com/chamber.html

As far as FY2010-2011 budget the Int. TM went over the backup provided …(link below)…She spoke of what they needed to do to retain the 3.999 millage the Commission wants kept in place… At the end of the discussions the Acting Finance Director, Doug Haag said we need to find another $153,330 dollars to get there …The Int. TM injected that figure stood only if the fire funds are legitimate as previously discussed (prev. post)….She covered the cuts in the cost of the auditor this next year …and having a portion for the fire department charged to the fire fund…The change in need for a Human Resources/Risk Management Manager (former HR Mgr. Kathy O’Brien’s position)…and that they were leaving $10,000 in for any consultant required …as well as the League of Cities cost of $2,000 for Risk management services …Town Topics was discussed and direction was given for 4 times a year…no more mailing…only at stores…Town buildings…Comm. Clottey stated she heard complaints about the last edition and the “glossy paper” being an extravagance..(Furths?)… Ms. Hoffmann said not so…and PIO D’Oliveira came to the podium as well to say no difference in the cost…Also direction came for Town e-alerts…(Include a Town Facebook as well) …Ms. Hoffmann spoke of the shift of funds from the Gen. Fund to the Fire fund …a new phone-I.T. system and new laptops for Commissioners to work with the new system…old ones would go to the Community Center…She touched on the agreeable interchanges with the VFD per President Ken Johnson and the cut in funding to $700,000 with the difference in an apparatus account…along with other contract changes such as percentage increases each year…all to be done after approval from the VFD members and re-negotiations…She spoke of the legalities in the funding of the beach patrol and EMS responses by VFD…She was incorrect in stating the VFD prevailed in instructing the Town it was allowable…That was done by Burton and Assoc. when inquired at last year’s fire assessment meeting… The gray area they touted was the VFD did not do medical procedures such as I.V.s …The beach patrol funds being in the Gen. Fund this year is confusing as Readers will remember the former TM being caught on this opened an account for paying that separately approx. 9 months after the fact at SunTrust (prev.post) and despite the fact that prev. VFD quarterly income/exp. reports (prev.VFD posts) showed the VFD was paying their members from fire assessment funds…On the donations from charities direction was given to have them show up and ask at the first meeting in Sept. as is customary…The Performing Arts was agreed to…and the TAtty. will proceed with what came up in the prior discussion…Comm Sasser had various questions on franchise fees and they were answered as a loss from people dealing in an ailing economy as well as legalities preventing any increase on the part of the Town…The improvements to the AC for the public safety building was accepted… The VFD was brought up once more… Rather funny that Comm. Clottey stated the cost was still too high without apparatus.(Hmmm…Furth-fed-led fallen out of favor w/ VFD?) …She directed a question of the contract being in place to the TAtty…. but the Mayor countered that for now both were at the table to possibly re-negotiate…On the subject of recreation the initial response was not to have a consultant (Ms. Margoles?) to help with the process behind the scenes as it was always done by volunteers… But 2010 Halloween Chair, Comm. Sasser disagreed and felt it would absolutely aid in the event’s volunteers to concentrate on the events… and was all for it..

BC- after the Greenfest fiasco…and the Furth’s packing up all the decorations for Easter and Halloween rather than donating them to the Town…Comm. Sasser is right on target… especially with Ms. Hoffmann’s ability to hire consultants and keep the budget in line as witnessed thus far…

The ending was as described above the dollars needed to keep the millage…and with 10 minutes left they began the Town Manager Application Workshop…and then decided after Comm. Clottey stated there was not enough time to discuss it…to move it to the meeting at 7 pm…(prev. post on the selection)…

The next Budget Meeting is on Sept. 14th…

Link to backup…http://www.lauderdalebythesea-fl.gov/town/backup2010WORK.htm

Link to meeting… http://lbts.granicus.com/ViewPublisher.php?view_id=2

more to come…

Post Division

Here’s The Scoop … Your Tax Dollars At Work ….

August 26, 2010 by Barbara

HILLSBORO INLET COMMISSION’S NEWLY PURCHASED WORK BOATS …

Dear Readers …Lauderdale-By-The-Sea Vice Mayor spoke at Commissioner Comments last night and gave his usual monthly update on the Hillsboro Inlet after attending the August meeting…”Hillsborough inlet took over their two new workboats which have finally arrived. They will be put into service immediately.”… At the July Commission meeting VM Dodd spoke of the purchase of new boats to move the dredger and other equipment…Photographed as they arrived to their destination on Monday Aug. 23, 2010…Your tax dollars at work…..

more to come….

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