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Here’s The Scoop … September 27, 2010 Lauderdale-By-The-Sea Commission Meeting Agenda …

GOOD EXCUSE? ….

Lilly in her Scottish garb brought home by her mommy …

Dear Readers …this writer fell down on the job!… For some reason…perhaps distance /time away  from LBTS (6 mos.) and double-time baby duty while Lilly’s mom was in Scotland last week ….led me to believe the Commission meeting was tomorrow night…Therefore …I am just looking at the backup now……Add to that …that again, this year the Jewish Holiday tomorrow that is the reason for the change in the Comm. Mtg. schedule…. is as previously stated in past years by this Jewish writer…totally unnecessary ……

TOWN OF LAUDERDALE-BY-THE-SEA

TOWN COMMISSION MEETING

TUESDAY, SEPT. 27, 2010 AT 7 PM

JARVIS HALL

AGENDA BACKUP DOCUMENTS

1. CALL TO ORDER, MAYOR ROSEANN MINNET

2. PLEDGE OF ALLEGIANCE TO THE FLAG

3. INVOCATION -Reverend George Hunsaker

4. ADDITIONS, DELETIONS, DEFERRALS OF AGENDA ITEMS

5. PRESENTATIONS

6. PUBLIC COMMENTS

7. PUBLIC SAFETY DISCUSSION

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

BC- The backup states employee of the month is Dep. Louis Kattou & Dep. Gerry Arteaga  for conducting a foot patrol of the El Mar tourism corridor. …During an area check of LBTS Resort & Beach Club they observed a disturbance involving a suspect attempting to flee. They were advised a burglary was just committed and gave chase apprehending the suspect…They found the suspect was a multi-state offender with an extensive criminal history…These Deputies protected residents, businesses and visitors from him…KUDOS!… We hear BSO has had many other such cases they have handled quietly without recognition over the last months…under the leadership of Chief Llerena and Lt. Cedeno as their monthly log can attest to..as well as the summary of noticeable incidents/ arrests on Aug. 3,13 & 18th…YTD crime statistics are up in total 120 FY 2009/131 FY2010

b. VFD Fire Monthly Report -August 2010 (Chief Steve Paine)

BC- The leadership is new…the Aug. many of the medical calls many were cancelled according to the backup…The new dispatch and finger sign in should be implemented by now…The # 0f members are 38 in-town/22 out-of- Town assoc….36 fire/rescue call & 69 1st Responder Training (med calls )…Response time 4.25 avg.

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

BC- response time under 6 minutes 98% time avg. 3:37 …

8. APPROVAL OF MINUTES

a. September 13, 2010 Special Public Hearing Minutes

b. September 14, 2010 Regular Commission Meeting Minutes

BC- A look at the minutes is well worth it…They are really good…detailed and from first glance…if they keep up like this…no need for me to continue. doing a follow up in such detail as well ..Kudos!…

9. CONSENT AGENDA

a. Tennis Contract Renewal (Town Clerk June White)

BC- this is  a contract with the Tennis Pro to continue Mr. Petra was paid $12,000 FY2009-10/ The new contract is the revenue sharing brought to the dais by the Int. TM and agreed to by the Comm. He receives a portion of the registration fee depending on the service provided…The contract sets a fee for youth(group) $60 per participant for five wk. session/adult (group) lessons $90 per participant  for 5 wk. session …He plans to provide for adult doubles tournament at time agreed upon plus will conduct 4 free tennis programs which Town will compensate him for and adult doubles tournament… The copy of the draft contract is attached in the backup ….Again…before agreeing the Comm. needs to re-address the use of the Tennis courts for all who pay to use recreational programs offered in LBTS …The tennis courts are the only portion of the program that does not allow for outside use…Give LBTS Tennis players priority for time-cl;asses but open the courts for more revenue…

b. Renewal of auto, property, liability and workers compensation insurance coverages with the Florida Municipal Insurance Trust (EMIT) (Acting Finance Director Doug Haag).

BC- The explanation from Mr. Haag states the Town currently provides a standard package of the above stated policies through the FMIT an arm of FLOC …and LBTS has had worker’s comp with it since 1979…liability/auto since 1986…property since 1988…a comparison was included for FY2010 and FY2011 with a decrease shown of 5,591…workman’s comp decrease is due to Town’s excellent track record for safety and compliance he states…and recommends we renew…

c. Renewal of employee group insurances for health, dental, vision, life and short term disability with Florida Municipal Insurance Trust, Union Security insurance, Vision Care Inc., Reliance Standard, and The Hartford (Acting Finance Director Doug Haag).

BC- The explanation from Mr. Haag states the Town currently provides group health ins. benefits to employees, eligible dependents, retirees, and several former employees who are in COBRA benefits extension period…It has been provided from FLOCities ins. arm- the Fl. Municipal Ins. Trust since Oct. 2008.The FMIT is a pooled risk program that provides coverage to 63 member municipalities including LBTS. It has no broker fees and is organized as a buying consortium under Fl Statute 112.08 …It allows us to not go through a broker and deal directly ..It increase 9% in Oct. 2009 and they recently announced an increase of 17.5% for Oct. 2010 for LBTS ….Haag says the increase is significant but town has a loss ratio of 110% since participating in the program…He contacted Rhodes Ins. a Broward firm specializing in providing group health ins. to local munis…He was advised by Rhode’s rep. they have have seen increases at 65% recently and in S. Fl. 10.5-18% is the trend…with break even losses around 80%..He states FY 2011 the budget has adequate funds to cover the increase …He adds the Town currently pays 100% for premium costs and 50% for eligible dependents…TM has attached some details in memorandum…Total cost to Town FY2010=11 will be $262,000 ,…He recommends the renewal… The attachment which answers some of this writer’s questions…states Ms. Hoffmann had the TClerk check for Comm. approval on the 100%/50% contributions paid by the Town for employees/dependents…but they found no evidence of a vote on the matter going back to the 60s…A former TM indicated they were in place when he came to work in the 1990s (Baldwin)….She adds that with the 17.5% increase she provided a table …it shows the costs which have steadily increased….She recommends the Town renew the policy but go out to bid …and next year evaluate our options…As far as the 100% Ms. Hoffmann ended her input by stating it is generous but we lag in another aspect of compensation …salaries…She states the Town has no progressive pay system …so employees do not move through the pay range as they master their jobs …and perform…

BC- I need more info on who those employees are…especially after seeing the huge increases received by department heads as previously posted …merit increases as well as yearly COLA increases never voted on by the Comm… A public records request new pay grade list and  for salary increase the Int. TM stated she included in the new budget (prev. post) have been made…I still believe employees should pay into the health ins. like the rest of us…to offset the cost…

d. Budget Amendment -Town Attorney Office (Acting Finance Director Doug Haag)

BC- the explanation from Mr. Haag states the TAtty. budget will be overdrawn and recommends a transfer of $50,000 to cover the anticipated overruns… As previously posted…where are we on the negotiations…if we are indeed trying to negotiate a new agreement with Wesis, Serota  at the Mayor’s direction along with that of the dais ?… What are the overruns from…and if we are depleted why the decrease in next year’s TAtty. budget … as it appears it will be?…

10. ORDINANCES -PUBLIC COMMENTS

1. Ordinances 1st Reading

a) Ordinance 2010-06: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT; HOUSING ELEMENT; TRANSPORTATION ELEMENT; CONSERVATION ELEMENT; CAPITAL IMPROVEMENTS ELEMENT; INTER-GOVERNMENTAL COORDINATION ELEMENT; ADOPTING THE PUBLIC SCHOOL FACILITIES ELEMENT; AND AMENDING LAND USE IMPLEMENTATION; ACCORDING TO THE PROVISIONS OF THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

BC- Comp Olan …explanation is the history of the process from mid-2009…the schools…greenhouse gasses…transportation ..and the P & Z/Comm. votes….The staff and P & Z recommend approval…It will still come back with comments…(see prev. P & Z posts)…Nothing we can do in the grand scheme of things in dealing with Comp. Plans…literally!…

b) Ordinance 2010-14: AN ORDINANCE OF THE TOWN OF LAUDERDALE BY-THE-SEA, FLORIDA, AMENDING CHAPTER 10 “GARBAGE ANDREFUSE”, ARTICLE III “SOLID WASTE”, DIVISION 1 “GENERALLY” BYADDING SECTION 10-46 ENTITLED “DEBRIS COLLECTION ON PRIVATEROADWAYS DURING AN EMERGENCY”, PROVIDING FOR DEBRIS REMOVAL ON PRIVATE COMMUNITY STREETS IN EMERGENCIES FOR PUBLIC SAFETY PURPOSES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.

BC-This one is to be eligible for FEMA reimbursement…and an Ord. that opens that door…for allowing removal of debris etc…

a. Ordinances 2nd Reading

11. RESOLUTION – “Public Comments”

a. Resolution 2010-23: A RESOLUTION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, APPROVING AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE TOWN AND BROWARD COUNTY SCHOOL BOARD, BROWARD COUNTY, AND NON-EXEMPT MUNICIPALITIES CONCERNING PUBLIC SCHOOL FACILITIES; PROVIDING FOR IMPLEMENTATION, CONFLICTS AND AN EFFECTIVE
DATE.

BC- The dreaded School Board Interlocal Agreement passed and though the majority on the dais were opposed as it does nothing for LBTS…(prev. post)…as we  were advised by the TAtty…we have no choice but to agree…UGH!…Unless some dais members decide to make a statement with a no vote…that is…

b. Resolution 2010-31: A RESOLUTION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, ADOPTING AN EMPLOYMENT AGREEMENT FOR CONSTANCE HOFFMANN AS TOWN MANAGER; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.

BC- The Town Manager contract is online on the Town website (link below)… So is this resolution…which was not done for the former TM although it was a requirement…The Commissioners have all met with the TAtty. as Mayor Minnet indicated they would at the last Roundtable ..(prev. Post)… The TM will have a 3 year term/make $160,000 a year/ get  3 months severance if terminated without cause…with cause no additional payout /if she resigns she gives 60 days notice…no additional payout/ She receives one half of pay in 30 days/ 2nd half in 180 days if terminated w/out cause/health ins. is pd. by the Town and other coverages pd by the Manager/COBRA eligibility begins 1 year after termination/ after 5/1/13 (2nd term) 4 mos. severance /No sick days accrued or received when leaving/up to 40 days for vacation leave and reimbursement for outstanding expenses such a mileage,FICA/ Comm. see and approves calculations of payments /Holidays as all employees get/ 20 vacation days per year with a starting grant of 10/any days over 30 left at the end of the yr. will be paid by the Town so only 30 are carried forward into the next year/bank of 45 leave sick days upon execution of contract and 12 regular a year/Insurances group same as other employees/Retirement FRS cost to Town $23,312 annually & Town pays $7,500 to supplemental retirement plan yr 1 and 10,00 annually yr 2 & # and so forth/ If Town disproportionately reduces her pay or suggests she resign Manager can treat that as termination w/ cause/Asst. TM in charge when she is away/ Perf. eval each Oct. 2011& 12 By Nov. 1, 2010-11-12 TM & Comm. mutually agree on goals and objectives etc/Comm. can increase salary or decrease by 2.4% if poor performance and vote of 4 Comms./Wk FTime for Town w/ 7 days notice for any outside teaching/consulting needs 7 days notice to Comm./ Town indemnifies Mgr. but not if Mgr. takes position that is adverse to the Town and in a matter not involving this agreement/ prof. memberships & fees are covered…

No hidden surprises ….this time round…All Comms. did their due diligence …This should be the official start of the new vision for the future of LBTS… HATS OFF!…. to the Comm. and our new Town Manager, Connie Hoffmann!…

c. Resolution 2010-32: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, ESTABLISHING PARKING FEES EFFECTIVE OCTOBER 1, 2010 AND PROVIDING FOR AUTOMATIC ANNUAL INCREASES FOR CERTAIN PARKING RATES.

BC- Going back up…Residential $50/ no more Res & Beach…they are one and the same/ prorate residential $30 after July 1st ea. yr/hardship increase 25%  used…2005 study was 350/ Nov. 2009 200 and decreased to 100 way under market/ Included is survey of other munis…and the sad saga of the 2009 sliding down scales for friends of the CIC …and drops for employee permits/hardship..Beach permit signs will be replaces and staff wants to add 2 handicapped places on NE en of El Prado lot…4300 block of S Bougainvilla to be metered taking away beach pkg….Bougainvilla meters .50 per hr 32 hr limit & A1A lot are 1.00 per hr w/ a 4 hr. limit street meters are underutilized due to costs by businesses….Recommend raising Bougainvilla to 1.00 to not draw parkers there vs. Town meters/A1A… Let’s get it right this time…and stick to it…see below NB agenda item 15a…

12. QUASI JUDICIAL PUBLIC HEARINGS

a. Mitigation of Recorded Liens – 1624 SE 21 Ave / Bel-Air Ave (Development Services Director Jeff Bowman).

— Exhibit 1: Case #07-02-00216 /Fines owed $40,600
— Request to reduce to $4,000, 90 percent.

Exhibit 2: Case #07-02-00280 /Fines owed $59,050
— Request to reduce to $5,000, 91.5 percent.

BC- Vice Mayor Dodd will no doubt have much to say about this first case …since he was the proponent for this in LBTS…This writer does not believe his intention was a 90+% reduction …

13. COMMISSIONER COMMENTS

14. OLD BUSINESS

15. NEW BUSINESS

a. Parking Code to be Reviewed by Planning and Zoning Board (Commissioner Scot Sasser)

BC- Comm. Sasser has put this on for P & Z to deal with the parking codes…P & Z V-Chair Yann Brandt appointed by Comm. Sasser wants the P & Z to deal with the codes…content as well as any clean-up…(see prev. P & Z post)…This is the process suggested by the TAtty. to the Comm. (prev. post) and to the P & Z (prev. post) on how the boards can be address such projects…and be assured that they have the support of the Comm. to use staff resources to proceed… Big item of discussion…parking req. for businesses such as restaurants in town….

b. Appointment of Alternate Board Member to the Planning and Zoning Board (to be appointed by Vice Mayor Dodd) (Town Clerk June White)

BC- John Oughten was appointed by VM Dodd and declined…a replacement is needed and the Comm. in their procedures when elected decided any appointee who leaves will be replaced by another appointee made by that Comm. who appointed that spot on the board /committee… rather than an alternate moving into that spot and a new alternate being appointed by the Comm….

c. Commission approval of ten (10) hardship permit applicants (Town Clerk June White)

BC- the list includes Oceantime LLC/Ocean Treasure LLC/ Ocean Terrace/ Gordon Chase/ 4344LLC/4444LLC/ Beachview Apts./ Breakaway Inn/ Coral Key Inn/ Windjammer…Staff recommends approval …rate will be ?….

d. Increase in Solid Waste Collection Fees effective October 1, 2010 (Interim Assistant Town Manager Bud Bentley)

BC-surprise an increase…with the specifics…disposal rate ..the RRB tipping rate is increasing.70 per ton from $98.50 to $99.20 per ton..impact on single family home$0.08 per mo….Worth the cost of postage for notice to customers?…

16. TOWN MANAGER REPORT

BC-Only 2 items…her projects list is done 1x a month…and should be at the ONLY Comm. mtg. in Oct. (2nd wk of ea. mo. )…if that is verified this evening as the start of the 1 Comm. Mtg/1 Rdtable Mtg. ea. month…

Global Coral Reef Alliance…”We have received several emails from Dr. Goreau and his attorney and the Town Attorney and I will be having a conference call with them next week to discuss amendments to the contract. As you have seen from the emails I have forwarded to you, Cry of the Water has advised all of the permitting agencies that the project is on hold.”..

BC- Previously posted were most of the emails we believe…along with the newly included vote in Nov. 2008 for the ongoing maintenance/removal made in a 5-0 vote by the former Comm. but not included in prior backup…How will that change the outcome?…

BC-as previously posted (2x)…

“Current Payroll Budget”

The payroll projections we have been working with in the current year assumed 26 payrolls, as one would expect. But as we’ve been refining our projections in the last few weeks i became clear that payroll in the current fiscal year would exceed the budget. We have discovered that the Town did not accrue the last payroll of FY 2008/2009 and that payroll was accounted for 100% in this fiscal year; none of it was allocated to the appropriate fiscal year. This is NOT generally accepted accounting practice. We are very surprised that the auditors did not note this in their management letter.

We obviously cannot go back and adjust the prior fiscal year to correct this issue. The result is that we will have to account for 27 payrolls in the current fiscal year, an extra cost of approximately $80,000.

We believe we should get this straightened may have to walk on to the September 27th agenda an item to appropriate funds to cover these expenses from fund balances. We are analyzing whether funds can be transferred administratively within budgets to cover these expenses. In some cases there may not be sufficient funds and we will have to have you appropriate funds before the fiscal year ends.”

BC- anymore such items since this went on the agenda?… GULP!…

17. TOWN ATTORNEY REPORT

BC- no backup…

18. ADJOURNMENT

7 pm Comm. meeting after the 6 pm budget hearing will be open to the public…public comment is allowed ….Live on Comcast channel 78/ live-stream on Town website … http://lbts.granicus.com/ViewPublisher.php?view_id=2 … and then archived …

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

More to come…

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