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Here’s The Scoop .. The December 14, 2010 Commission Roundtable Agenda … Not Much On The Table To Dish …

December 13, 2010 by Barbara


Dear Readers …the reference above is as previously posted…this writer’s disappointment that the sewers and SRCondos was not on this agenda as originally directed… The agenda seen below is small and the subject and what happened … and what happens now is anything but and should be addressed with some consensus from the Comm. before the change in rates and billing take hold in February…in this writer’s opinion…Again, the format put forth by Atty. Richard Weiss when recommending this Adventura model called for the roundtables to be the long intense meetings of discussion so that the Reg. Comm. Mtgs. were concise and action oriented….




TUESDAY, DEC. 14, 2010 – 7PM





a. Eliminate Notice of Intent Requirement (Vice Mayor Stuart Dodd).

BC-I have a problem with there being no backup supplied for this item…While I believe it should be eliminated the staff should have provided a backup with the original ordinance..why it was put forth along with any changes made as it appears happened in 2007 and 2009 ….I look to see what I could find and found the following from Town Website Muni-codes … the NOI was put in place in 2000 and updated as follows…(Ord. No. 451, § 2, 11-28-00; Ord. No. 2007-06, § 2, 4-10-07; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2009-20, § 2, 5-26-09) …The TAtty. stated at the Dec. 7, 2010 Comm. Mtg. that it is a “homegrown” ordinance she has not see in other municipalities… A look at the muni-codes also showed how inferior that NOI is …as seen in the following  …

“(f) Posting of notice.


The notice of intent shall be posted in the development department, and in a conspicuous location in Town Hall.”

BC-To post only in the development department and a conspicuous location in Town Hall is a joke…We know this was why we had no job applicants for department head positions due to this type of “conspicuous” posting in Town Hall as well as knowing from the dismal response to the skewed Colon/Olinzock survey they took from Wilton Manors and sent out last year in order to aid their “supporters” campaigning for the Comm. last year that few make their way inside either locations …Readers should also be aware that at the Dec. 7, 2010 NOI Resolution for public hearing to allow for public comment..there was none ….further adding to the reason direction should be given to staff to shelve NOI once and for all…


“Sec. 30-531. – Issuance of notice of intent; effect on proposed development.

(a) Statement of intent.


The Town from time to time will propose changes to the Land Development Code of the Code of Ordinances of the Town of Lauderdale-By-The-Sea.


The purpose of this section is to provide an administrative procedure for the public and the development community to be notified of certain changes in the land development regulations defined herein which may impact proposed plans for development within the Town of Lauderdale-By-The-Sea as early in the Code revision process as possible to best ensure that affected parties do not unnecessarily expend time, money and resources on proposed development projects which will be subject to such amendments to land development regulations.


It is further the purpose of this section to ensure that upon the issuance of the notice of intent, as hereinafter provided, no proposed land development project affected by a pending regulatory change shall be approved by any Town Officer, Official, Commission, Board, Agency or Body, whether elected or appointed, unless said proposed land development project conforms with the pending regulatory change and/or the proposed land development project approval is conditioned on such conformance pursuant to the pending regulatory change as currently drafted or as finally approved, whichever is appropriate.

(b) Regulations subject to notice of intent.


Pending regulations subject to the notice of intent procedure, as provided within this section, shall include development regulations as defined by F.S. § 163.3213, as amended from time to time, and comprehensive plan amendments which are a condition precedent to land development regulatory changes.


Land development regulations which provide only for regulations of residential accessory uses shall not be subject to this section.

(c) Definitions. As used in this section:

Affected parties includes persons owning property or persons owning or operating a business within the boundaries of the Town of Lauderdale-By-The-Sea whose development application or application for a permit or license is pending.

Development activity means application for a master plan, site plan, rezoning, building permit, variance, or business tax receipt.

(d) Notice of intent authorization/effective date/ratification by Town Commission.


At the time the Town Commission authorizes, by resolution, the investigation, study, development, drafting or consideration of a change to any land development regulation that requires issuance of a notice of intent, a notice of intent of the pending regulatory change shall be issued. The effective date of the notice of intent shall be deemed to be the date of said authorization by the Town Commission.


At the next Commission meeting following the notice of intent, members of the public shall have the opportunity to address the Town Commission in a public hearing format relative to a filed notice of intent. After the public hearing the Town Commission by majority vote shall either approve or disapprove the further processing of the proposed regulation which is the subject matter of the notice of intent.

(e) Statement of purpose. The notice of intent shall include:


A statement of purpose;


A brief description of the pending regulatory change which shall include as much specificity as possible; recognizing however, that changes may occur as the pending regulation proceeds through the drafting, review, public meeting and public hearing process. The description shall include a statement of the possible effect that the pending regulation may have on development. In addition, the description shall provide an indication of the provisions of the existing code that may require modification;


A statement of the projected time frame for the adoption of the pending regulation;


A statement of the point in the development approval process at which the pending regulation would apply.

(f) Posting of notice.


The notice of intent shall be posted in the development department, and in a conspicuous location in Town Hall.


From and after the notice of intent, applicants for appropriate licenses, permits, and other applicable development applications, including but not limited to plats, site plans, rezonings, variances, business tax receipts, and building permits, shall be provided written notice of the pending land development regulatory changes which may potentially affect the applicant. Applicants shall be provided written notice by certified or regular mail and through the availability of notices in the development department, and by posting of the notice of intent. To the extent that affected parties have comments, they shall be afforded the opportunity to file written opinion or objections with the Development Director.


Neither the failure of the Town to provide written notice nor the failure of an applicant for development to observe the posted notice nor the failure of the Town to provide posted notice shall invalidate the applicability of this article to said applicant for development approval.

(g) Implementation time frame.


A pending regulatory change that is subject to the notice of intent procedure shall be considered by the Town Commission at a public hearing within a time period prescribed by the Town at the time of the filing of the notice of intent.


If additional time is required for study and deliberation due to the scope of the proposed regulatory changes or arising from procedural issues, upon a majority vote of the Town Commission, the time prescribed by the Town in the notice of intent may be extended for an additional period of time approved by the Town Commission upon expiration of the initial period of time stated in the notice of intent.


If no final action has been taken by the Town Commission within the time limits set forth herein, the notice of intent will expire.

(h) Effect on pending or proposed development permits.


A notice of intent shall have no effect on any application for development activity (a master plan, site plan, rezoning, variance, building permit, or business tax receipt) pending for approval on December 12, 2000 or approved on or before December 12, 2000.


Except as provided in [subsection] (1) above, no application for development activity (a master plan, site plan, rezoning, variance, building permit, or business tax receipt) shall be accepted for processing by the Town following the issuance of a notice of intent unless said application conforms with the pending regulatory change and/or the application is conditioned on such conformance pursuant to the pending regulatory change as currently drafted or as finally approved, whichever is appropriate.

(i) Evidence of general compliance. Evidence of general compliance with the procedures of this section of the Code shall be sufficient to sustain the regulation upon adoption.

(j) Copies to Planning and Zoning Board. The Planning and Zoning Board shall be provided with a copy of all notices of intent upon issuance.

(Ord. No. 451, § 2, 11-28-00; Ord. No. 2007-06, § 2, 4-10-07; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2009-20, § 2, 5-26-09)”


b. Special Meeting January 11, 2010 re: parking Suspension and Other
Revisions (Vice Mayor Stuart Dodd).

BC- The Asst. TM began his presentation at the Dec.7, 2010 Comm. Mtg. by offering the Comm. a special meeting for 1st reading on the parking suspension ordinance (hopefully to become the parking exemption ord….see next item)…The Mayor as well as the TM/ Asst. TM  & TAtty. did not address the special meeting after the item and VM Dodd wants to see that the special meeting is directed to take place to move the item along sooner rather than later with the change of Comm. Mtgs. being the 4th Tues. of the month after the new year begins…

c. Parking Ordinance Draft (Vice Mayor Stuart Dodd).

BC-As previously posted VM Dodd after reviewing the meeting last week and seeing the “minutia” that accompanies a “parking suspension program” wants a show of hands from the Comm. at this table to see if there is a majority to eliminate the parking for restaurant type businesses rather than the staff proposed parking suspension program of 3 years… Below is the backup for the suspension program for the Dec. 15, 2010 P & Z meeting if not overturned  …. What this writer does not like in the code changes is the application required on pg. 3 as well as the change of exemption status if the customer service area is increased after the suspension program is over…If the restaurant can rework its customer service area within the existing sq. footage…why add the parking requirement…I thought that was wrong when Mulligans remodeled and became 101 Ocean… Hopefully a show of at least 3 hands for elimination will take this off the table for the following evening …and the restaurants and building owners we want to come to town… I also think Comm. Vincent or another Comm. should redirect the staff on 101 Ocean…to offer them a full parking exemption as well going forward …


d. Repeal of 1994 Resolution 1222 Retired Employee Health Insurance Option
(Town Manager Connie Hoffmann).

EXPLANATION: A Resolution adopted in 1994 provides that retired Town employees may continue medical benefits
under the Florida Municipal Health Trust Fund Insurance Plan at no cost to the Town. It is recommended that the Resolution
be repealed for several reasons.
First, Florida Statutes already requires the Town to offer an even more comprehensive insurance option to retirees and their
eligible dependents Section 112.0101 of the Florida Statutes provides that retirees and their eligible dependents may
continue on the Town’s health insurance life insurance accident hospitalization annuity or all of any kinds of such
insurance plans and specifies that for health and hospitalization plans the premium cost shall be no more than the premium
cost applicable to active employees.
Second, retiree is defined under the State Statute but is not defined in the 1994 Town resolution.
When this item was scheduled for adoption earlier this year it was deferred and before placing it back on a regular agenda for adoption I wanted to make sure that the Commission does wish to proceed with repealing the Town resolution and
relying on the state statute instead.

BC- A no-brainer …repeal it…

e. NLC Prescription Drug Program (Town Manager Connie Hoffmann).

Backup- SUBJECT TITLE: National League of Cities NLC Prescription Drug Program
EXPLANATION: The NLC has partnered with CVS Caremark to offer member cities an opportunity to
participate in a prescription drug discount card program at no cost to the municipality. This program
would provide the materials necessary to allow residents a 20% discount on all prescription medicine
not covered by insurance at participating pharmacies. This program has been successfully implemented
in numerous cities and the cities contacted Hallandale Beach and Wilton Manors report there is
minimal staff time required for initial set up and limited time thereafter.
Participating cities must:
Promote the program to the local media with mutually approved communications Pre launch
press release, launch press release and PSAs. (The League provides the communications copy.)
Promote the program through various city venues or communications to the residents using the
standard communication vehicles the city currently uses. All communications must be reviewed
and approved by NLC and CVS Caremark unless the city is using supplied communications
Provide city wide ID card distribution points to distribute the template ID card that will be
printed with the relevant city’s seal. Stands will be provided to display the cards.
Provide a link to the co-branded web site from the city web site as this
site contains the program information and useful tools for city residents including online
enrollment with the ability to print an ID card and use it immediately.
Identify a person on the city staff to serve as the principal program contact with NLC and CVS
RECOMMENDATION: Although this is not one of our priority projects, this program appears
simple to implement. If the Commission feels there is a need for this type of program for Town
residents staff can move forward to implement it.
BC- Another no-brainer to enact…

f. Red Light Camera (Town Manager Connie Hoffmann).

EXPLANATION: Early last summer the Town Commission indicated they wished to consider installing a red light camera
system at the Commercial/A1A  intersection and asked for BSO’s input. I assigned consultant Kathie Margoles to do research
on red light camera programs especially in light of the new legislation adopted by the State affecting these programs. The
new statute that was signed into law by the Governor in June initiated state regulation of these programs forced changes in
the way these programs are structured with the red light camera vendors and shifted a considerable amount of revenue
generated from infractions identified by red light cameras away from the municipalities and vendors to the State. The result
of the legislation is that cities now have to incur significant costs to operate red light camera programs (approximately
$50,000 per camera per year.)
The consultant report has been ready for some time but Roundtable agendas have been so full that I kept deferring
scheduling this matter for discussion. Although the Commission did not include the red light camera program as a priority for
the current year since the research had already been done it is being placed on the December Roundtable agenda for
discussion and your further direction.
RECOMMENDATION: If the Commission wishes to pursue the red light camera program it is recommended that
one of the red light vendors be asked to undertake a traffic analysis to determine whether a camera system is
warranted and how many cameras would need to be installed.

BC. The book “Seventy-Three Years By The Sea” by Candice Richard on pg. 75 contains the story of the Commercial Blvd. Bridge opening …  “The bridge was the biggest thing to ever come into town. Not even Gil Colnot could have fully realized the magnitude of changes that followed those proudly marching kids and convertibles full of businessmen. Every nuance of life would be affected unalterably. it is not an understatement to say that Lauderdale-By-The-Sea can be divided into two eras, Pre-Bridge and After Bridge” …And you all thought annexation of the north side of town was the biggest thing!… It goes on …”Commercial had always been dead on both sides of the Intracoastal-who would go back there? Then boom!-traffic everywhere. I didn’t like it at all”…Quoted from Ray Anglin …It continues…”Not many did. The number of visitors to town quadrupled, as did the water bill for beach showers. No longer Mr. Nice Guys, the police put a speed trap on A1A, the money collected earmarked for expanding the department. In 1969 Lauderdale-By-The Sea made Johnny Carson’s monologue when the “Tonight Show” host was ticketed for driving over 25 mph in front of Town Hall. In February of 1970 the Department of Transportation recorded 22,000 cars passing through Lauderdale-By-The-Sea in 24 hours.”… Note to the Commission/Administration…forget the red light cameras….. let’s hope Jay Leno does not come our way…for his 2nd monologue on LBTS…Readers will remember his use of the ByTheSeaFuture Article …(prev. post…see below excerpt)…


Shown online on “Headlines”…after the monologue at 17:33 …with Jay commenting and showing the picture of Town Manager Colon and Mayor Minnet along with the presenter of the award…

After showing it Jay quips..”Town’s Colon Wins an Award…Now where would you put that?”and then he tossed it off the desk! ……. Kudos to the gentleman that sent it in!….”

Again, go for the elimination of parking requirements …and let’s hope we have 22,000 cars passing through LBTS in 2011!…


BC- This should have been when the sewers and SRCondos were discussed …


The meeting will be on Comcast Ch. 78/ live streamed on Town Website then archived video/backup /minutes ...

more to come….

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