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Here’s The Scoop … 7/28/09 LBTS Agenda ….It’s A 2 Popcorn Box Event ….

BE PREPARED…..

7 PM -REGULAR COMMISSION MEETING….

1. CALL TO ORDER, MAYOR ROSEANN MINNET

2. PLEDGE OF ALLEGIANCE TO THE FLAG

3. INVOCATION – Reverend George Hunsaker

4. PRESENTATIONS

a. Presentation – Wind Energy (Commissioner Clottey)

BC- there is no cover page /or backup that shows Comm. Clottey’s involvement…On a personal note Comm. Clottey NEVER ran on or showed any interest in “green” …In fact it was she that thwarted the Mayor (who was into the “green” issues from the get-go) and resident Yann Brandt’s introduction of an advisory board on energy just like Ft. Lauderdale voted to have at their last Commission meeting…Furthermore  it is disturbing that with the bloated agenda we face due to no Aug. meetings…and the fact that it was Comm. Clottey who pushed the energy issues off until after the budget when it was on a prior agenda (not her items)…that she chose or it was chosen for her to put on 2 presentations!…The company coming… http://www.frombeginningtowind.net/

b. Presentation – Solar Lighting (Commissioner Clottey)

BC- same comments as above/see previous post…company coming…. http://www.solarlightingusa.com/

c. Presentation of proclamation proclaiming August 22, 2009 as Honeybee Awareness Day (Mayor Minnet)

BC- Honeybees…better proclamation then the New Bus. item from Comm. Silverstone for “Gang of 3 – Leader Marc Furth”…at the end of the agenda…This presentation includes a memo e-mail sent to the Mayor from Town Clerk White asking her if she wants to make the proclamation and the Mayor’s response….yes…

d. Presentation – El Mar Drive Streetscape – Chen & Associates, Ocampo & Associates

BC- Hopefully the companies will be informed of the specifics…the history and the “climate” of the town…as they present their plans for the El Mar Drive south end medians (and more) …per the request from the MPSC/Comm. meeting (prev. post)…on July 20th….That Oriana million is burning a hole in the pocket of the “gang”…This taxpayer would like it to be put on hold until after March 2010….

5. PUBLIC COMMENTS

BC- It could be a long line if everyone comes to address the items below and more….unless they take a pass to speak on the item as addressed (speaker’s choice)….

6. REPORTS

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

BC-Just a few interesting points…page 11- sewer maint. outfall rehab maint. Orig. Budget  $82,000/ YTD 36,930.97/ Curr MTH $2,800.00/ Enc. YTD $700.00/ Unenc.$44,369.03….Advertisements page 8 Orig. Budget $25,000.00/ YTD $4,538.23/ Curr. MTH.0/Enc. YTD. 0/ Unenc. YTD 20,461.77. …Advertisements  page 9 Orig. Budget $3500/ YTD $3500/ Curr. MTH 0/ Unenc. YTD 0….Weiss Serota…Curr. MTH 0

b. Development Services Monthly Report – June 2009 (Assistant Town Manager Olinzock)

BC- Visitors 520/informational calls received 605/ verbal warnings 20/notices of violation 123/ citations issued 2/ spec. master cases 16/ complaints invest. 8/ re-inspec. conducted 160/lien searches 13/ zoning reviews 29/ final inspections 18/ bus. tax license 2/ public records req. 4….27 failure to connect to sewers/ 16 cases to spec. magistrate/ 18 final zoning inspec./ 29 completed fire related permit inspec./ 22 fire related permit applications include resubmittals/ reviewed Broward County Bus. tax licenses , those w/out town bus. license were contacted and issued violation notices/ page 7…Staff processed ADSTAR AD for public notice variance (Hmmm)…can they teach Town Clerk to do the same?)….

c. Municipal Services Monthly Report – June 2009 (Assistant Town Manager Olinzock)

Bc- 123 calls/ 9 complaints …list of daily activities including the pavilion being kept clean…..Hmmmm

d. BSO Police Monthly Report – June 2009 (Lt. Angelo Cedeno)

BC- 2 Deputies transferred out…2 transferred in/ Dep. Eason Deputy of the month….

BSO june stats 2009

e. VFD Fire Monthly Report – June 2009 (Chief Perkins)

BC- 27 Reg. in-town members/ 36 Assoc. out of town members/ 27 Fire-Rescue call/ 58 medical call (AMR had 64)/ Training 8 fire-drill…watercraft 6/ Beach patrol …ATV 1 70 hrs & ATV 2 45.25 hrs…out of 115.25 hrs. 42 hrs were non-paid vol time. (pd. from where)/ station watch 42 combined members …1,115+ hrs/ Community serv. 5 # of FF 5…

vfd june response report 2009

(Note the town site does not allow for full printing of some sheets sorry for some cut offs…)…

f. AMR EMS Monthly Report – June 2009 (Operations Manager Liddle)

64 calls VFD went on 58 of them)…overall avg. response time 3:41

7. PUBLIC SAFETY DISCUSSION

8. TOWN MANAGER REPORT

a. Solid Waste Update

BC- The backup is the full Choice Environmental contract (also on the agenda New Bus. item i. Comm. Clottey)…This writer previously posted after the 1st contract meeting in Jarvis Hall in the RFP process that the Town was headed for a big fallout with the change in the contract that called for 1 toter for each residence (unit)…and despite trying to get the Administration  ( John Olinzock ) to realize the uproar it would cause…it fell on deaf ears…(surprise…surprise)….and the big fallout as predicted has come down on the town and the contractor (Choice) who is stuck abiding by the Town’s decision of “no exceptions” leaving residents with paying more rather than less and leaving them inundated with extra toters and nowhere to put them. This writer has been told that if Choice did not abide by the Town’s contract of 1 toter for each unit…it would be in breach of the new contract…as would any other company that bid on the RFP including Waste Management. Now in the aftermath the Town Commission must change the contract to allow owners to decide how many toters they require…as it was in the past!…Rackin’ up the reasons for a performance review of the Town Manager and her Assistant…YIKES!

b. Tennis Program

BC- no backup…but we know the program is budgeted for $12,000 next year and we hear it is a hit with kids…per the TM…

c. Swimming Program

BC- no backup…this too is budgeted for next year at $12,000…although the lifeguard position has not been filled …and the program has not begun…

d. Insurance on Town owned Tree

BC- no backup…but it is said it is to address replacing trees after a catastrophic event…

9. APPROVAL OF MINUTES

a. June 23, 2009 Regular Meeting Minutes

b. June 30, 2009 Special Meeting Minutes

c. July 14, 2009 Budget Workshop Minutes

10. ORDINANCES

1. Ordinances 1st Reading – “Public Comments”

a. Ordinance 2009-26: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE SEA AMENDING CHAPTER 20, ARTICLE VI, SECTIONS 20-121, 20-122, 20-125, AND 20-126 PROVIDING ADDITIONAL WATER CONSERVATION REGULATIONS; CREATING NEW SECTION 20-126 ENTITLED “WATER CONSERVATION”; RENUMBERING EXISTING SECTIONS 20-126 AND 20-127 AS SECTIONS 20-127 AND 20-128; PROVIDING FOR CODIFICATION IN ARTICLE VI OF CHAPTER 20 OF THE CODE OF ORDINANCES, SEVERABILITY, AND AN EFFECTIVE DATE

2. Ordinances 2nd Reading – “PUBLIC HEARING”
a. 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, AND BEAUTY SCHOOLS AND HAIR SALONS 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 1st reading April 14, 2009
BC- It looks like they finally got it mostly right…but a final verification should be asked from the dais of Atty. White…The catastrophic over 50% non- conforming building replacement looks to be in place for both residential and commercial/ the “zeriscape” is included although it looks like maintaining the ROW/swale is still up to certain owners (the town’s property…some town maintained-Seagrape …some owner maintained- Washingtonia ) still a double standard!…..Bikes..mopeds are in but unfortunately it looks like the shop that rents them on Commercial has already bit the dust…OUCH!…

b. 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 Approved 1st reading July 14, 2009
BC- This is to cleanup the OOPS found by Comm. Dodd that showed the present sidewalk cafes (Aruba/Village Grille) did not meet the code that until this change was made required “removable barriers ” and as we all know theirs were permanent…

c. Ordinance 2009-14: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, AMENDING CHAPTER 13 “NOISE” OF THE CODE OF ORDINANCES TO PROVIDE FOR AMENDED NOISE REGULATIONS; AMENDING CHAPTER 17 “STREETS, SIDEWALKS AND OTHER PUBLIC PLACES,” ARTICLE VIII “SPECIAL EVENTS” TO AMEND THE REGULATIONS OF SPECIAL EVENT PERMITS TO PROVIDE GROUNDS FOR DENIAL OF A SPECIAL EVENT PERMIT FOR VIOLATION OF NOISE AND OTHER TOWN STANDARDS; PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE Approved 1st reading April 14, 2009 Deferred at the June 9, 2009 Commission meeting by Vice Mayor McIntee
BC-It still looks like trouble…Noise trouble…and code trouble…and fees galore…CHA CHING…The limited testing in the backup that shows the outdoor entertainment is over the allowable new levels…Will the “Gang of 3” pursue it or have the “leaders from Town Hall East” told them to “silence” this one as we head to election time?…Below the decibels and a few readings Fri/Sat. night…

noise ord.2009-14 #1

noise ord 2009-14 #2

noise #3 2009-14

d. 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 Approved 1st reading July 14, 2009

11. COMMISSIONER COMMENTS

BC- Get ready…time for a time limit on Comm. Comments…the 13 minute VM electioneering is too long and too boring….and too..too predictable!…

12. CONSENT AGENDA

a. Commission approval of contract agreement for construction of Bel-Air monument signs to Coastal Contracting, Inc. in the amount of $19,900 (Assistant Town Manager Olinzock)

BC- The bids were previously posted…the Town is going for the lowest bid from Coastal Construction (Pavilion contractor)…approx. $20,000…for 2 signs…that’s plus the approx. $10,000 for Chen and Assoc…and of course for any change orders…

b. Commission approval for annual storm drain cleaning by TeleVac South as required by (NPDES) National Pollutant Discharge Elimination System $39,000 (Assistant Town Manager Olinzock)

BC- This was done by RFP…but the RFP was done by the Director of Development and was not published in the Sentinel…It is a $39,000 contract that is not included on the RFP annual list provided by the Town Manager…Also we hear Tele-Vac has provided Don Prince with video of all sewers and they should be helpful with decisions for dealing with the flooding problems…

c. Commission approval for purchase of a new 2010 F150 4×4 $17,556 (Assistant Town Manager Olinzock)

BC- It’s good to be a government…the 2000 truck is in need of a $1700 repair…but why bother…buy new…keeping up the Town Fleet…and what a fleet we have bought this year…parking enforcement vehicles…etc…

d. Commission approval for purchase an F250 with a Utility Bed not to exceed $23,000 (Assistant Town Manager Olinzock)

Bc- This was originally supposed to be just a new bed cover for the existing truck…but the Town is going for the big 8 cylinder for the beach…$$$$…

13. RESOLUTION – “Public Comments”

14. QUASI JUDICIAL PUBLIC HEARINGS

a. Commission approval of re-designation of lot line front per request submitted by Karen D’Uva, property owner of 1658 W. Terra Mar Drive, to change the designated front yard per Town Code Chapter 30 from Seward Drive to West Terra Mar Drive (Assistant Town Manager Olinzock)

BC- The resident wants a variance for her shed and her pool and fencing…she has been down this road before…according to the backup…and met with roadblocks…This time she came to the BOA with reinforcements…her neighbors who spoke to support her requests…It was decided to ask again for a change of address and although it was repeatedly explained it could not be done at the BOA meeting due to no public notice…the BOA members (3) felt it was the way to proceed and turned it over to the Commission…thus allowing for the shed/pool and fencing… The backup cover has N/A as to staff input…just the code that provides that the change will make this property a non- conforming property as a  result…

b. Town Commission to approve variance request submitted by Karen D’Uva, property owner of 1658 W. Terra Mar Dr. (Assistant Town Manager Olinzock)

BC- continued from item a…..

c. Commission approval of a zoning variance regarding the dumpster enclosure for 101 Ocean Restaurant located at 101 Commercial Boulevard. The applicant is requesting exception to the Town’s Zoning Code, Chapter 30 to allow the existing chain link enclosure to remain – BOA approval with condition (Assistant Town Manager Olinzock)

BC- BOA approved…

15. OLD BUSINESS

a. 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 Deferred at the July 14, 2009 Commission meeting

BC- This was deferred…the Minto properties want to lower the bond…put off the sidewalks…and have no time frame for finishing up their unfinished properties…When this was addressed previously the Town wanted to keep the status quo…the VM wanted to wheel and deal…the Minto Rep. indicated not lowering of the bond would most surely provide Minto the impetus to finish the sidewalks before the projects for it would be cheaper for them to replace them down the line when construction restarted…Of Note what’s with the missing windows on the east side oceanfront building…it looks like they ran out of money…OUCH!…

b. Discussion and/or action regarding location and quantity of custom banners (Assistant Town Manager Olinzock) Deferred at the July 14, 2009 Commission meeting

Bc- At the last meeting the Mayor was to get together with Olinzock to decide on locations…the backup shows 13…and it means we will be racking up the $$$$  for banners to a downtown that might be shut down if the noise ordinance gets the “Gang of 3” vote…OUCH!….(see the New. Bus. item # 16 B.Res.req. form)….

c. Discussion and/or action of FWC application for parking permits at the beach (Commissioner Dodd) Requested at the July 14, 2009 Commission meeting

BC- Comm. Dodd brought this back after it was turned away for incorrectly being put on as an item for reconsideration…Originally it was the Mayor’s item.. The DEP would again like the Town to understand the Bougainvilla parking is not conducive to their needs in the early hours of turtle monitoring…Give em’ a break…

d. Discussion and/or action of Beach and Residential Parking Permit Fees (Mayor Minnet) Requested at the July 14, 2009 Commission meeting

BC- The Mayor brought this back after it was turned down due to being put on under reconsideration…The Mayor will show the loss of money due to the piddly $20 annual sweetheart deal made for the “Gangs’ CIC chums”…

e. Discussion and/or action regarding Kite Surfing (Vice Mayor McIntee) This item was deferred at the April 28, 2009 Commission meeting to the July 28, 2009 Commission meeting by Vice Mayor McIntee

BC- They’re back…the backup contains an outline for rules and regulations…put forth from an LBTS Resident …(last meeting  on this  presentations were made by other s(prev. post)…personally this writer hope the Commission won’t weigh them down too much…. and put on killer fees…that limits the soaring sights that we condo watchers so enjoy…Look for many to come back for this one!….

09

f. Discussion and/or action to reschedule the Round Table that cancelled on June 30, 2009 (Mayor Minnet)

BC- looks like the Mayor and Comm. Dodd are both trying to set a date certain to get the Manager reviewed…ASAP…(below item h)…

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

BC- Comm. Dodd wants to address the drainage issue…and all that entails….

h. Discussion and/or action concerning review of the Town Manager as required by the Charter. New date to be set by the Commission for the Round Table review (Commissioner Dodd)

BC- same subject as item as f. but with the “Gang” on hiatus for August…Good luck…

16. NEW BUSINESS

a. Discussion and/or action regarding Heroes awards (Requested at the May 27, 2009 Commission meeting by Vice Mayor McIntee)

BC- Pet project…no backup….. No need for the VM to apply!…

b. Discussion and/or action regarding the installation of drainage on Bougainvilla Drive from Pine Ave to Commercial Blvd (Assistant Town Manager Olinzock)

BC- This is a doozy….especially after the VM “sweetheart deal”debacle last meeting (prev. post)…it includes a Citizen req. form from a resident (7/2/09)…that’s a hoot…(see below)…an $$8450 Chen & Assoc. study…a June 20,2008 Citizen Contact Center Form for the News stand that was just done at the south end of Bougainvilla over 1 year later…(so why the study for Comm. to Pine?)…and a total that’s an eye opener…YIKES!….Can’t get that performance review fast enough for this taxpayer!….

citizen lassel

bougainvilla sewers

NOTE…TOTAL….$341,187…Bougainvilla …from Commercial to Pine…(picked up by Comm. Dodd…thanks!)…

c. Discussion and/or action regarding Government Channel 78 Software Signage Update – $4,755 (Manager Colon)

BC- upgrades per PIO d’Oliveira…who states in the backup the aging software “switcher” does not work 100% of the time…time to switch up…to the new stuff…how about better backup online…keep it around longer than just to the next meeting…

d. Discussion and/or action to have public speakers state their full address (Mayor Minnet)

BC- this came from Resident Frank Hermann who spoke at the 7/14/09 public comments incorrectly calling the speakers who came to address the termination of BSO Chief Gooding as “Carpetbaggers”…We worked hard to say it should not matter where a public speaker is from…it would be sad to go back to address etc…let it go…

e. Discussion and/or action to hold a budget meeting to allow citizen input before the meeting on September 14, 2009 by which time it will be too late (Commissioner Dodd)

BC- Many residents are now fully invested in the Town’s politics…policies…codes…ordinances…and the budget like never before…Gone are the days of only one person paying attention…The taxpayers want transparency such as the Justification pages of the 2009/10 budget online ( If the Town does not provide it…this site will in Aug.) and a meeting before the date of approval to have their say…Comm. Dodd heard the residents…and put this item on…

f. Discussion and/or action on extending the three months special events permits for Village Grille and Athena Restaurant known as Jazz on the Square and Elvis (Commissioner Dodd)

BC- OOPS!…the majority on the dais in their infinite wisdom (total sarcasm) reduced the 1 year permits to 3 month…BUT….now we face Aug….no meetings and the permits will run out!….Deal with it….give them the permits to carry on….don’t let Elvis leave the street….

g. Discussion and/or action regarding the audit company and the RFP’s (Commissioner Dodd)

BC- This backup is downright dirty…The Manager (as previously posted) only provided the Comm. with the 2005 engagement letter from longtime Auditor Rachlin to Manager Baldwin……not the 2008 letter NOW included in  this backup ( a public records request provided the 2005 WAS the only letter)…and it furthermore did not show the correct amt. for the 3 year contract…The Auditor was then provided a letter falsely stating the Comm. “ACCEPTED” the contract…when in fact the Comm. was “INFORMED” by the Manager that she was going to extend the contract worth just shy of $200,000 over 3 years!…The Manager cannot “INFORM” and must have vote of the Comm. for anything over $15,000….The Manager should have reminded the Comm. of the RFP time ( June) for a possible RFP for a new auditor (the 3 yr. agreement allows for termination by either party) It may not even be a valid contract due to the false statement made in the letter to Rachlin……Let’s see how she handles this one…Ready to watch the familiar melt down? Any other Town Manager would be outta here….for such actions…

h. Discussion and/or action on a storm water bond issue (Commissioner Dodd)

BC- The Manager brought this up at the last meeting after the VM drainage debacle… Piecemeal with the Engineer’s 2nd choice for dealing with this major townwide problem…or do it right?….

i. There seems to have been a dual billing system for garbage collection services. Most paid the correct amount, a few paid less. This has been causing problems since the Town switched to Choice and everyone now is expected to pay the amount set by their dwelling’s category. Switching these dwellings to the commercial rate or letting them have smaller totters would provide some financial relief to these residents who do not need large totters (Commissioner Clottey)

BC- HUH?…Clueless…again…Should be answered in the Manager’s report…

j. Discussion and/or action for a proclamation for Marc Furth (Commissioner Silverstone)

BC- Proclamation for what?….being the Leader of the Mc-Furth Gang?….Running “Town Hall East”….or just July 4th, 2009 …the most divisive- political July 4th many can recall?…Enough!….

17. TOWN ATTORNEY REPORT

18. ADJOURNMENT

more to come…after the fog lifts….

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