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Here’s The Scoop … LBTS – Dec. 1, 2009 Commission Agenda -How “High” Is Your Platform? …

POLITICAL SWAN DIVE OR  BELLY FLOP? …

Dear Readers … Below is the LBTS Backup Agenda..link to it and the backup material below… contained is the first reading of the ordinances for ethics …heights….and a Resolution for the lifeguards ..all for the March 9,2010 ballot…thus the title…and the photo…Will this be a platform or a belly flop?…

TOWN OF LAUDERDALE-BY-THE-SEA

TOWN COMMISSION REGULAR MEETING

TUESDAY, DEC. 1, 2009 – 7PM – JARVIS HALL

AGENDA WITH BACKUP DOCUMENTS

1. CALL TO ORDER, MAYOR ROSEANN MINNET

2. PLEDGE OF ALLEGIANCE TO THE FLAG

3. INVOCATION -Reverend George Hunsaker

4. PRESENTATIONS

5. PUBLIC COMMENTS

6. REPORTS

a. Finance and Budget Monthly Report – October 2009 (Manager Colon)

BC- interesting….Town Atty for Oct. 2009 .. legal  38,893.50 (2009-10 yr. budget 184,000)/ legal other issues 2,577.01(2009-10 yr. budget 39,000 / Bert J Lawsuit 7,506.26 (2009-10 yr. budget 250,00)..

b. Development Services Monthly Report – October 2009 (Assistant Town

Manager Olinzock)

BC- Liens of approx.30,000 on Oleander property & 150.00 on Spanish River property /Staff is making the rounds throughout town for overgrown foliage, address signs etc…OOPS…corner of A1A and Washingtonia needs a visit!/ Staff met with owners and contractor for Hyperbaric building to discuss progress and open permit resolutions..pending investigation still in place?…

c. Municipal Services Monthly Report – October 2009 (Assistant Town Manager

Olinzock)

BC- we are still stuck 2 years later with the west side warehouse…no renters..no Town Comm. direction to do anything …BUT again this month the hours for Municipal workers at the “offsite complex”..10-7 5hrs/ 10-13 1 hr/ 10-21 3 hrs/ 10-22 13.50 hrs/ 10-28 11 hrs/ 10-29 15 hrs/ 10-30 3 hrs…Total  51.50 man hrs. ..for what?/Public safety complex hrs 3.5 for the month…

d. BSO Police Monthly Report – October 2009 (Chief Llerena)

BC- Officer of the Month Deputy Joe Duncan- arrested a suspect for an attempted truck burglary assisted by Dep. Riley and Teijls/ BSO ATV Beach Patrol 11.5 hrs with new LETF vehicle..many see the BSO ATV more often than the VFD!/Statistics 2008-2009-increase-decrease…total -11.9%

e. AMR EMS Monthly Report – October 2009 (Operations Manager Liddle)

BC-65 calls with 98% under 6 minutes…avg. time 3:19

BC- Why no VFD?… This will be the 2nd time there is no end of the month report?… Snafu in the Town? and/or the VFD?.. They certainly had time to send out Booster Fund Drive letter…(prev. post)…We hear even residents of Pompano Beach received one!…OOPS!…This writer has been awaiting my Public Records Request for 4th quarter /final report for the 1st year’s Income/Expense VFD Report for over a month…It was to be done by now!….Hmmm…

7. PUBLIC SAFETY DISCUSSION

8. TOWN MANAGER REPORT

BC- no backup online..

9. APPROVAL OF MINUTES

a. October 13, 2009 Regular Meeting Minutes

b. October 20, 2009 continuation of the October 13, 2009 Regular Meeting

Minutes

c. October 27, 2009 Regular Meeting Minutes

d. November 9, 2009 Beautification Workshop Minutes

10. ORDINANCES – PUBLIC COMMENTS

1. Ordinances 1st Reading

a. Ordinance 2009-32: AN ORDINANCE OF THE TOWN OF

LAUDERDALE-BY-THE-SEA, FLORIDA, APPROVING AN AMENDMENT

TO SECTION 3.4 OF THE TOWN CHARTER PENDING THE RESULTS

OF A REFERENDUM ELECTION REGARDING CONDUCT AND ETHICS

REQUIREMENTS FOR THE MAYOR AND TOWN COMMISSIONERS;

CALLING A REFERENDUM ELECTION ON THE PROPOSED

AMENDMENT TO THE TOWN CHARTER TO BE HELD ON TUESDAY,

MARCH 9, 2010; PROVIDING FOR SUBMISSION TO THE ELECTORS

FOR APPROVAL OR DISAPPROVAL OF THE PROPOSED CHARTER

AMENDMENT; PROVIDING FOR REQUISITE BALLOT LANGUAGE;

PROVIDING FOR PROCEDURE FOR BALLOTING; PROVIDING FOR

NOTICE; PROVIDING FOR RELATED MATTERS; PROVIDING FOR

CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.

BC- will post separately…What a mess!…

b. Ordinance 2009-33: AN ORDINANCE OF THE TOWN OF

LAUDERDALE-BY-THE-SEA, FLORIDA, APPROVING AN AMENDMENT

TO SECTION 7.1 OF THE TOWN CHARTER PENDING THE RESULTS

OF A REFERENDUM ELECTION PROVIDING FOR A MAXIMUM

BUILDING HEIGHT OF FORTY-FOUR (44) FEET FOR ALL BUILDINGS

WITHIN THE TOWN LOCATED NORTH OF PINE AVENUE; PROVIDING

FOR A MAXIMUM BUILDING HEIGHT OF THIRTY-THREE (33) FEET

FOR ALL BUILDINGS LOCATED SOUTH OF PINE AVENUE; PROVIDING

FOR A MODIFICATION IN THE CALCULATION USED TO DETERMINE

MAXIMUM BUILDING HEIGHT; FURTHER PROVIDING FOR

CLARIFICATION ON THE RESTRICTIONS ON THE CREATION OF NEW

ZONING CATEGORIES AND AMENDMENTS TO RESIDENTIAL ZONING

DISTRICT REGULATIONS; CALLING A REFERENDUM ELECTION ON

THE PROPOSED AMENDMENT TO THE TOWN CHARTER TO BE HELD

ON TUESDAY, MARCH 9, 2010; PROVIDING FOR SUBMISSION TO THE

ELECTORS FOR APPROVAL OR DISAPPROVAL OF THE PROPOSED

CHARTER AMENDMENT; PROVIDING FOR REQUISITE BALLOT

LANGUAGE; PROVIDING FOR PROCEDURE FOR BALLOTING;

PROVIDING FOR NOTICE; PROVIDING FOR RELATED MATTERS;

PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE

DATE.

BC- DITTO!….post to come……

c. Ordinance 2009-34: AN ORDINANCE OF THE TOWN OF

LAUDERDALE-BY-THE-SEA, FLORIDA, APPROVING AN AMENDMENT

TO SECTION 7.1 OF THE TOWN CHARTER PENDING THE RESULTS

OF A REFERENDUM ELECTION PROVIDING FOR A MAXIMUM

BUILDING HEIGHT OF FORTY-FOUR (44) FEET FOR ALL BUILDINGS

WITHIN THE TOWN LOCATED NORTH OF PINE AVENUE; PROVIDING

FOR A MAXIMUM BUILDING HEIGHT OF THIRTY-THREE (33) FEET

FOR BUILDINGS LOCATED SOUTH OF PINE AVENUE IN SPECIFIED

AREAS; PROVIDING FOR A MODIFICATION IN THE CALCULATION

USED TO DETERMINE MAXIMUM BUILDING HEIGHT; FURTHER

PROVIDING FOR CLARIFICATION ON THE RESTRICTIONS ON THE

CREATION OF NEW ZONING CATEGORIES AND AMENDMENTS TO

RESIDENTIAL ZONING DISTRICT REGULATIONS; CALLING A

REFERENDUM ELECTION ON THE PROPOSED AMENDMENT TO THE

TOWN CHARTER TO BE HELD ON TUESDAY, MARCH 9, 2010;

PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL

OR DISAPPROVAL OF THE PROPOSED CHARTER AMENDMENT;

PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR

PROCEDURE FOR BALLOTING; PROVIDING FOR NOTICE; PROVIDING

FOR RELATED MATTERS; PROVIDING FOR CONFLICTS,

SEVERABILITY AND AN EFFECTIVE DATE.

BC- same story…post to come…

2. Ordinances 2nd Reading

a. Ordinance 2009-29: AN ORDINANCE OF THE TOWN OF

LAUDERDALE-BY-THE-SEA, FLORIDA AMENDING CHAPTER 30

“UNIFIED LAND DEVELOPMENT REGULATIONS,” ARTICLE I “IN

GENERAL,” SECTION 30-6 “PLANNING AND ZONING BOARD” OF

THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY,

CODIFICATION, AND AN EFFECTIVE DATE

BC- this was for the inter-local school board. agreement..Still think we do not need it …Formula used was flawed in my opinion..we should have been able to decline as Sea Ranch Lakes did…

b. Ordinance 2009-30: AN ORDINANCE OF THE TOWN OF

LAUDERDALE-BY-THE-SEA, FLORIDA AMENDING THE DEFINITON

OF “TOWNHOUSE DWELLING” IN SECTION 30-20; AMENDING THE

DEFINITION OF “VACATION RENTAL” IN SECTION 30-155,

AMENDING REFERENCES TO VACTION RENTALS AS AN

ACCESSORY USE IN THE RS-4, RS-5, RD-10, RM-25 AND RM-50

ZONING DISTRICTS, AND AMENDING SECTION 30-327 “VACATION

RENTALS,” ALL WITHIN CHAPTER 30 “UNIFIED LAND

DEVELOPMENT REGULATIONS” OF THE CODE OF ORDINANCES;

PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN

EFFECTIVE DATE

BC- changed language “units” to “dwellings “…and who can rent as vacation…single family/townhomes….to not compete with motels…

c. Ordinance 2009-31: AN ORDINANCE OF THE TOWN OF

LAUDERDALE-BY-THE-SEA, FLORIDA AMENDING CHAPTER 17,

ARTICLE I SECTION 17-9 ENTITLED “OBSTRUCTING PARKS,

STREETS, OR OTHER PUBLIC PROPERTY; PERMISSION

REQUIRED, “BY ADDING CRITERIA, PROCEDURES AND OTHER

REQUIREMENTS FOR APPROVAL OF ENCROACHMENTS ONTO

PUBLIC PROPERTY; PROVIDING FOR CODIFICATION,

SEVERABILITY, AND EFFECTIVE DATE

BC- Big problem with this one!…It gives the Town Manager way too much control…takes it away from the businesses and the Commission…with this Mgr’s history…it’s a mistake..

Section 1d. states…”The Town Manager’s decision to approve with conditions or deny an encroachment permit may be appealed to the Town Commission. The Town Commission shall not grant relief unless it finds that was an error of law or fact in the Town Manager’s decision on the encroachment permit.”..Comm. Dodd acknowledged this at 1st reading…received no dais traction…STOP …and give the Town Commission the right to overturn the unilateral decision of the Town Manager!…

11. COMMISSIONER COMMENTS

BC- Politicking…ticking away..for the “Broom Boys”!…Followed by nails on a chalkboard from galpal Clueless Clottey..for all those at home..bathroom break!…

12. CONSENT AGENDA

a. Town Commission Approval of Special Event application for LBTS Chamber

of Commerce Taste of the Beach 2010, Wednesday, 24 February 2010

(Assistant Town Manager)

BC- Mark your calendars …it’s always a winner…and at least it does not (we hope) conflict this year with the Commission!…

b. Town Commission Approval of Special Event Application for New Year’s Eve

Celebration #1, Village Grille and 101 Ocean, Thursday, 31 December 2009,

4:30 PM till 2:00 AM (Assistant Town Manager Olinzock)

BC- a big high- five to these guys and…Athena for making New Year’s Eve so memorable!…

c. Town Commission Approval of Special Event Application for New Year’s Eve

Celebration #2, Athena By The Sea, Thursday, 31 December 2009, 4:30 PM

till 2:00 AM (Assistant Town Manager Olinzock)

BC- let’s not see any double standard from the dais…pass it through…

13. RESOLUTION – “Public Comments”

a. Resolution 2009-30: A RESOLUTION OF THE TOWN OF LAUDERDALE-

BY-THE-SEA, FLORIDA AFFIRMING SUPPORT OF AND PARTNERSHIP

WITH THE 2010 CENSUS

b. Resolution 2009-31: A RESOLUTION OF THE TOWN OF LAUDERDALE-

BY-THE-SEA, FLORIDA, CALLING A SPECIAL ELECTION PROVIDING FOR

A STRAW BALLOT CONCERNING POTENTIAL TOWN EXPENDITURES TO

PROVIDE LIFEGUARDS AT TOWN BEACHES; PROVIDING FOR

REQUISITE BALLOT LANGUAGE; PROVIDING FOR TIMES AND PLACES

OF BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR AN

EFFECTIVE DATE.

BC- the lifeguard question…on second thought…wait for the new majority on the dais…no ballot needed…

14. QUASI JUDICIAL PUBLIC HEARINGS

15. OLD BUSINESS

a. Discussion and/or action on the Lauderdale-By-The-Sea Environmental

Sustainability Committee (Mayor Minnet) This item was deferred at the

March 11, 2009 Commission meeting by Commissioner Clottey

BC- This originally came from Mayor Minnet…but Clottey suddenly became all “Green” to compete with he Mayor ….Clottey and her c0-horts disparaged resident Yann Brandt when his name was attached to the original agenda item… just table it …Again …wait until after March 9, 2010!…

b. Discussion and/or action: Placement of Bel-Air Sign (James Barton, Town

Engineer)

BC- A big OOPS!…in an e-mail sent to Don Prince  on 11/20/09,  “Town Engineer” James Barton from Chen & Assoc. informed the Town that the sign for Bel-Air on S.E. 15th Ct. needed to be relocated..it has a “conflict” with a water line from Pomp. Beach. utilities…Mr. Barton will look for for a different location…that location not in the backup… and also he will look at solar uplighting vs power grid lighting for signs..

c. Commission Approval of ratification of Bel Air Street names (Assistant Town

Manger Olinzock)

BC- Done Deal. …but will they appease Frank Herrman and not use Tropic?…

16. NEW BUSINESS

a. Commission Approval of one (1) Hardship Permit Application: (Clerk White)

• Driftwood Beach Club

b. Commission Approval of one (1) Hardship Permit Application: (Clerk White)

• Parkhill Apartments

c. Discussion and/or action by Town Commission regarding Appointment of a

Local Complete Count Committee for the Purpose of Building Awareness of

the 2010 Census (Assistant Town Manager)

BC- Hmmm. oversight to count the people…in an election year…backup includes a booklet…

d. Discussion and/or action regarding drafting a resolution opposing Broward

County’s proposal to charge for Toxicological Services (Vice Mayor Mclntee)

BC- McIntee …wants to join Weston and tell the county we won’t start paying for services for the 1st time…when dealing with analysis of of alcohol blood levels of individuals arrested or suspected of driving under the influence…The results are for the Broward County State Atty. to use in prosecution…and not the municipality..

e. Discussion and/or action: Protocol at Town sponsored events (Mayor Minnet)

BC- pretty self explanatory…look for Clottey to get out her claws…”No joke!”…

17. TOWN ATTORNEY REPORT

BC- This writer has put in a public records request for the cost for the referendums…and would like an update on the Bert J Harris…and the Oct. 7, 506.26 bill…

18. ADJOURNMENT

link to backup below…Referendum posts to come…

Commission meetings are 1 week apart in Dec. the 1st & 8th…usual time 7 pm …with a round table on Dec. 7th at 5:00 pm…all televised on Comcast Ch. 78/ on Town website (see below link…go to video)…Public comments welcome at public comments…sign up..taken in order…and allowed comments on all ordinances (1st & 2nd  ) and resolutions …so you can speak multiple times..if you care to…

http://www.lauderdalebythesea-fl.gov/town/backup2009.htm

more to come…after the meeting…

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