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Here’s The Scoop… 7/14/09 LBTS Commission Meeting … Sidewalk Cafe’s … To …. Sweetheart Deals ….

SURE LOOKS THAT WAY…..

1. CALL TO ORDER, MAYOR ROSEANN MINNET

2. PLEDGE OF ALLEGIANCE TO THE FLAG

3. INVOCATION- REVEREND GEORGE HUNSAKER

4. PRESENTATIONS

a. BSO Deputy of The Quarter- April, May, and June 2009 (Lt. Angelo Cedeno)

5. Public comments

6. Reports

7. Public Safety Discussion

8. Town Manager Report

9. Approval of Minutes

a. May 26,2009 Regular Meeting Minutes

b. June 9, 2009 Regular Meeting Minutes

c. June 30, 2009 Conference/ Roundtable Minutes

BC- There was no round table ..it was tabled…with no date to meet again…

10 Ordinances

1. Ordinances 1st Reading – “public Comments”

a. Ordinance 2009-12: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY THE SEA, FLORIDA, AMENDING CHAPTER 17 “STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES,” ARTICLE VI “SIDEWALK CAFÉS,” SECTION 17-89 “REQUIREMENTS OF A SIDEWALK CAFÉ PERMIT;” PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

BC-The addition made to the ordinance was made to alleviate the ridiculous problem at Pa Degenaro’s …(prev. posted…and prev. on the agenda)…The restaurant wanted to have outdoor dining …but due to the ordinance on the books it could not because the ordinance did not allow for the parking area being private property…Now with the addition in F….”When abutting the public Right of Way”…it allows for that to be the case… It will now read as follows” A removable barrier, the design of which shall be approved by the Town, shall be required to separate sidewalk cafe’s service areas from pedestrians and vehicular traffic when abutting the public Right of Way.”

b. Ordinance 2009-25: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE SEA AMENDING CHAPTER 20, ARTICLE II, SECTION 20-19 PROVIDING FOR RATES AND CHARGES OF TOWN SANITARY SEWAGE DISPOSAL SERVICE; PROVIDING FOR CODIFICATION AS ARTICLE II OF CHAPTER 20 OF THE CODE OF ORDINANCES, SEVERABILITY, AND AN EFFECTIVE DATE

BC- Single Family  & duplex $7.60 all customers

Multi-family and Commercial 5/8 x 3/4 $7.60 ….3/4 $19.00….1.0″ $38.00…1.5″ $60.80….2.0″ $121.60….4.0 $190.00….6.0″ 265.00…

Consumption rate per 10000 gallons

$3 all customer classes

Effective immediately upon 2nd reading (in Sept)

Includes 2000 Gal. per month

Single family and duplexes capped at 12,000 per month.

2. Ordinances 2nd Reading- “Public Comments”

Ordinance 2009-10: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY THE SEA, FLORIDA, AMENDING CHAPTER 30 “UNIFIED LAND DEVELOPMENT REGULATIONS,” ARTICLE I “IN GENERAL,” SECTION 30-21 “NON-CONFORMING USES AND STRUCTURES” TO AMEND REQUIREMENTS FOR CONTINUATION OF NON-CONFORMING USES AND STRUCTURES; AMENDING ARTICLE IV “SITE PLAN PROCEDURES AND REQUIREMENTS,” SECTION 30-123 “APPLICATION FOR FINAL SITE PLAN APPROVAL” TO CLARIFY THE REQUIREMENTS FOR AN APPROVED SITE PLAN TO REMAIN EFFECTIVE; AMENDING ARTICLE V “ZONING,” DIVISION 2 “DISTRICTS,” SECTION 30-211“RS-5 DISTRICT—RESIDENCE” TO AMEND ROOF OVERHANG SETBACK REQUIREMENTS IN THE RS-5 DISTRICT; AMENDING ARTICLE V “ZONING,” DIVISION 2 “DISTRICTS,” SECTION 30-261 “B-1-A DISTRICT-BUSINESS” IN ORDER TO PROVIDE THAT BEAUTY SCHOOLS AND HAIR SALONS ARE PERMITTED USES IN THE B-1-A DISTRICT; AMENDING ARTICLE V “ZONING,” DIVISION 2 “DISTRICTS,” SECTION 30-271 “B-1 DISTRICT- BUSINESS” IN ORDER TO PROVIDE THAT COOKING SCHOOLS, CATERING BUSINESSES, MOTORIZED SCOOTER OR MOPED SALES AND RENTALS ARE PERMITTED USES IN THE B-1 DISTRICT; AMENDING ARTICLE V “ZONING,” DIVISION 2 “DISTRICTS,” SECTION 30-313 “GENERAL PROVISIONS”  IN ORDER TO AMEND THE REQUIREMENTS FOR FENCES, WALLS, AND HEDGES AND TO PROVIDE DEVELOPMENT STANDARDS FOR DRIVEWAYS, SWALES, AND GENERATORS; FURTHER AMENDING ARTICLE VIII “SIGN REGULATIONS,” SECTION 30-507 “DEFINITIONS AND RESTRICTIONS BY SIGN TYPE,” TO AMEND THE DEFINITIONS OF “SIGN,” “INFORMATIONAL, DIRECTIONAL OR TRAFFIC CONTROL SIGN,” AND “REAL ESTATE SIGN”; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE  approved on 1st reading May 12,2009

BC- Let’s see what is what…the Holiday light restrictions are gone…that’s good…and beauty shops are now on the books…but it appears…that’s about it…The non-conforming rebuilding if a property is destroyed over 50% looks the same…OUCH!…All the commissioners decided and we though directed that a property be allowed to rebuild within the same footprint as it was prior to the catastrophe.. Also unless something happened behind the scenes the commission said it was unfair for property owners to be responsible for the swale areas maintenance…cutting grass  and watering (the example was city sprinklers and cutting on Seagrape and no such water or lawn service on Washingtonia)…and the zeroscape….is zero….Hmmm…Looks like any damaged from limbs/ roots on public property will still stick it to the homeowner…WOW…Anyone thinking of getting a generator …it comes with lots of requirements…check it out…

11. Commissioner Comments

12. Consent Agenda

a. Commission approval of Special Event Permit application for Athena by the Sea’s “Wine and Food Festival” event, Saturday, October 31, 2009, at 8:00 AM till Sunday, November 1, 2009 11:00 PM (Assistant Town Manager Olinzock)

BC- The Marchelos brothers have made a request to have an event on Halloween…Let’s see if Comm. Clottey can hold her tongue and think before she speaks….

The event has the support of the Chamber…(included in the backup was the following letter)

June 16,2009

Dear Louis and Spiro:

Our Craft Show has been approved by the Town Commission for Oct. 31 & Nov. 1. We understand that Athena By The Sea is requesting permission to have activities, including music in their pier parking lot on private property on the same dates.

This was discussed at last night’s Chamber Board meeting and I’ve been asked to let you know that we feel this would not interfere at all with out craft show. In fact, last time we received positive comments about what their music added to our event.

Best regards

Judy Swaggerty

Executive Director

b. Commission approval of Agreement for Stormwater System Design on SE 21st Avenue at SE 16th Street with Chen & Associates, in the amount of $4,850.00 (Assistant Town Manager Olinzock)

BC-see previous post…”SWEETHEART deal”…for McIntee…AKA “Resident” at 1612 SE 21st Avenue in Bel Air…..a little extra info…ain’t it something that Chen & Assoc. was all prepared to make such a detailed proposal in such a short amt. of time… and that in his June 30,2009 letter to the Manager …Assist. TM Olinzock said “documented flooding conditions that exist at this intersection”… Documented from when?…(June 17,2009 when “Resident” McIntee or wife made the request)…Thanks to a reader who zoned in on both! This whitewash dance on the dais… should be worth the price of admission…

13.  Resolution- “Public Comments”

Resolution 2009-17: A RESOLUTION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, AUTHORIZING THE WAIVER OF CERTAIN PARKING FEES FOR SHORT-TERM GOVERNMENTAL USE; AND PROVIDING AN EFFECTIVE DATE

14. Quasi Judicial Public Hearings

15. Old Business

a. Commission approval of amendment to existing agreement with Enforcement Technology, Inc. for Processing Parking Citations – $2,100.00 (Assistant Town Manager Olinzock) (This item was deferred at the April 29, 2009 Commission meeting by Commissioner Dodd) Deferred at the June 23,2009 Commission meeting as requested by staff

BC- Commissioner Dodd asked for an RFP on this..(prev. posts)….The results were predictable for this Town Manager who “jobbed” the response by limiting the RFP publication and getting the lack of response she counted on….Look for some interesting info.to be brought forth…. for this to be be addressed by  one or more up there while the “Gang” has her back and pushes it forward….

b. Discussion and/or action to change the September 8, 2009 Commission meeting to another day (Mayor Minnet)Deferred at the June 23, 2009 Commision meeting by Vice Mayor McIntee

BC- The Mayor wants to change the day due to it being Labor Day weekend

c. Commission approval of reduction of right-of-way permit performance bond for Villas By The Sea Development, as requested by Minto Communities, LOLC (Assistant Town Manager Olinzock) (Deferred at the June 23,2009 Commission meeting by Vice Mayor McIntee) Request to defer to July 28,2009

BC- Minto wants to reduce its performance bond…at the last meeting the “Gang of 3” could not comprehend that if the bond was not lowered  (the Town Admin. was advising not to lower it)…Minto would go ahead and finish the 8 ft. pink sidewalks… and would redo them whenever they proceed with their other properties which could be more than 2 years from now…The real question to ask…What about the trailer parked in their lot for sales…How long can that stay?…Trailers are illegal and sales offices are to be for a specific period of time….But Minto is quite coveted for ads in both local papers…keys provided for parking in their construction lot…and use of their parking lot for entry of VFD-ATVs onto the beach…etc….

BC- Why has there been no violation for the destruction of the sea oats at the Minto parking lot…made by the VFD-ATVs?….

d. Selection of a Pioneer for the 37th Annual Broward County Pioneer Day recognition ceremony (Mayor Minnet)

e. Discussion and/or action regarding location and quantity of custom banners (Assistant Town Manager Olinzock)

BC- These are the banners that will likely cost as much if not more than the banners paid for last year…($12,000)…After a contest …choices were made…but no bids went out for companies…It went straight to the company that did the municipal parking banners …they came back with the drawings…Municipal Director Don Prince wrote a letter saying the attached map suggests locations for the custom banners…they can be placed on any Town owned tree and pole on El Mar…on Commercial and A1A where there are currently banners…Comm.  Blvd. could be single or double sided with arrows pointing straight on one side….Banners north of Commercial could straight arrows with left turn arrows at Pine, Washingtonia and El Prado.  South of Comm. could have straight /right turns from Palm to Commercial…. Many residents do not want to go forth with this expenditure in light of the BSO situation……

f. Discussion and/or action regarding installation of monument in honor of past Mayors and Commissioners (Assistant Town Manager Olinzock)

BC- Yikes…poor timing again…in light of the BSO debacle ….. “fiscal irresponsibility” calls from many taxpayers is to be expected…a granite wall at Jarvis with engraved names of past mayors and Commissioners from 1947…The cost sans the granite “wall”…$2919.00 for 122 name…TABLE IT!…

16. New Business

a. Reconsideration of FWC application for parking permits at the beach (Commissioner Dodd)

BC- Comm. Dodd brought back this FWC application for parking permits….(originally put on by the Mayor)… after attending the Turtle workshop and hearing from the many volunteers and Broward County Natural Resource Spec.Lou Fisher that the Bougainvilla lot was still a problem when they needed to attend to the turtles in the early morning  hours….It was thwarted by the Commissioners who live in the north and do not understand that their [ volunteers] use of beach parking would not interfere with residents holding the “coveted beach permits”… A letter that was originally included when the Mayor put this on is again in the backup….This time do the right thing…give them the parking…this year and then make it the practice to provide them in the years to come…

b. Reconsideration of Beach and Residential Parking Permit Fees (Mayor Minnet)

BC- Speaking of those prized beach permits…the “sweetheart deal” made for CIC members who all live within walking distance of the beach……The Mayor has brought this back to show the potential loss of revenue that will result…$130,125….and at 50%…the loss will be $65,062.50….YEP…Fiscal irresponsibility…GANG!

c. Discussion and/or action to instruct Town staff to investigate: 1) Terms of contract termination agreements for surrounding municipalities, and 2) Ways to minimize termination costs for immediate firing, resignation and allowing a manager to finish the terms of the current contract (Commissioner Dodd)

BC- Comm. Dodd made this request after taxpayers were flabbergasted that the Manager who wrote her own contract…would be compensated with an entire years salary if fired….One note to those taxpayers…Ms. Colon started her job as Town Manager with the same salary that Town Manager Baldwin ended with after 10 years of service!…This writer is still awaiting a public records request for the Town Manager’s resume to see if she has the required qualifications stated in the Town Charter to hold her position…

d. Discussion and/or action on postponing the reef project to use the funds for upgrading the Public Services Building and to provide police facilities commensurate with other municipalities (Commissioner Dodd)

BC- Guess the Commissioner is wanting to revisit the funds allotted …in light of the BSO police facilities funds available…or lack thereof….

e. Discussion and/or action regarding pavilion drainage (Commissioner Dodd)

BC- The Manager has put out an RFP…(prev. post)…limited in its exposure …. its size as compared to other RFP public notices…..and content…We were reminded recently…that originally the Pavilion had a million dollar budget…Looks like by the time we get it right …we’ll be heading back that way…$$$$$….

f. Discussion regarding complimenting employees on the tremendous work they did on the 4th of July celebration (Vice Mayor McIntee)

BC- That’s nice but…the real question is …what was the cost to the taxpayers for time of  the municipal workers to attend to the 4th events…and where were they over the holiday when we were hit with flooding at the pavilion and 3 days of  a truly disgracefully dirty entry to the beach?….

g. Schedule Workshop for discussion with Master Plan Steering Committee and the El Mar Drive design  (Requested at the June 23, 2009 Commission meeting by Commissioner Silverstone and Mayor Minnet)

BC- MPSC Chair Paul Novak spoke at public comments…asking for a workshop …..The MPSC needs to move forward on something productive rather than going round and round on topics that have been addressed so many times before.in prior years…..that if the Town actually kept the committee’s tapes…they could put it on channel 78 and no one would know the difference!…….

17. Town Attorney Report

18. Adjournment

More to come….after the meeting

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

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