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Here’s The Scoop … June 22,2010 LBTS Regular Commission Agenda … Almost There… Updated ….

APPROACHING 100 DAYS ….

Dear Readers … Much has happened as we near the first 100 days…and this writer will make every attempt to post on that specifically this week (Lilly allowing) …The agenda below and the one for the Roundtable on the following night (post to come)…show some of the promises kept..with the Ethics Ordinance…Code of Conduct… Bank balances and Funds… The real dollar numbers and the system used along with after the campaign finds that are being rectified such as benefits prove how truly inferior our past administration and majority on the dais were … Ongoing and one big plus this Commission has enacted are the Commission meeting Roundtable discussions and the Commissioner liaisons that are working on the issues concerning Choice Environmental among others… 65% of LBTS voters got it right and if they haven’t already those who were scared into thinking we were going into the abyss if we removed them…will soon say out loud…I get it now!…

NOTE:  HATS OFF!….PIO D’Oliveira has now added an archive of backup agendas from May on the Town’s website …. …He has informed this writer that my request to the Int. TM will be put into action …This year all budget meetings and info will be online and stay there along with the  budget justification sheets -YEAH!.. http://www.lauderdalebythesea-fl.gov/town/backuparchive2010.htm ….

NOTE: If you are having  any trouble reading the scans please use this link and go to the backup online at the Town’s website… http://www.lauderdalebythesea-fl.gov/town/backup2009.htm

TOWN OF LAUDERDALE-BY-THE-SEA

TOWN COMMISSION MEETING

TUESDAY, JUNE 22, 2010
AT 7 PM IN 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 – May 2010 (Chief Oscar Llerena)

Backup- Employee of the Month – Dep. Craig Jacobson

b. VFD Fire Monthly Report – May 2010 (Chief Robert Perkins)

BC- The VFD in turmoil after the revelation that the Chief was convicted of felony charges in the 1970’s… A VFD Board meeting on Monday night will result in who will be standing at the podium on Tuesday night to address the Commission… The VFD backup includes a diminishing Roster with the Dep. Chief on leave …We hear the best man for job of interim VFD Chief  is Fire Marshal/Inspector Steve Paine… Question is …does Paine have any interest or support?… If so who becomes the Fire Marshal?… What input will the Town have in this process?… Will there be an inquiry into the status of this vendor’s insurance for  its members and background checks? … Included in their report was a multitude of medical calls that were canceled per BC12/M12/Chief 12/ PD….Also a bounty of training sessions including swim tests… With this “implosion” going on…it looks like the VFD will not be on the backburner for after the budget/Town Manager search…

c. AMR EMS Monthly Report – May 2010 (Chief Brooke Liddle)

BC- 98% avg. of all calls under 6 min. 0:03:35

8. APPROVAL OF MINUTES

a. October 12, 2009 Workshop Meeting Minutes

BC- previous post …Needs to go back to be redone adding some substance of what the real meeting for the Performance Review of Esther Colon…

b. April 16, 2010 Roundtable Minutes

BC- This meeting included VM Dodd’s item c. Discussion and/ or action regarding an RFP for a new Town Manager… It was pretty close to what took place with discussion on the subject of looking for a new TM ..Readers will recall former TM Colon said she could not attend but did a “McIntee” and arrived at the last minute to sit in… Any reasonable person reading just the minutes without benefit of the video available online would ascertain there was no hint of anything personal or any harassment …In fact the only 2 people at the table making such assertions were Colon and Clottey… Hmmmm….in light of the former TM’s highly charged response letter to the Int. TM’s letter asking for overpayments to be reimbursed…(prev. posts)…

c. April 27, 2010 Regular Commission Minutes

BC- Still on “point”?… Clottey followed CIC Chair Cristie Furth diatribe at public comments in her Comm. Comments …”Commissioner
Clottey said it was unfortunate that some Commissioners wanted blood and got it. She added that there was a price paid in such situations Commissioner Clottey urged the presumption of innocence until proven otherwise.”….

d. May 11, 2010 Regular Meeting Minutes

BC-See backup…

e. June 8, 2010 Budget Workshop Minutes

BC-See backup…

f. June 8, 2010 Special Meeting Minutes

BC-See backup…

9. CONSENT AGENDA

a. Special Event application from Athena By-the-Sea to hold an event on July 4, 2010 between 4:00 p.m. and 11:00 p.m. in the pier parking lot (Interim Assistant Town Manager Bud Bentley).

Backup-” EXPLANATION: Athena The Sea has submitted the attached Special Event Application Exhibit 1
requesting permission to hold an event in the Pier parking Lot from 4 pm to 11 pm on July 4 2010. The
applicant notes that this event has occurred in the past.
The Town is leasing the Pier to shoot the fireworks display at 9 pm on July4. Our license agreement with the
Pier provides for access to the parking lot for equipment related to the fireworks and for public safety equipment
staged in the alley south of the Pier. The proposed special event does not affect the Town’s access an the 4 of
July.”

BC- don’t even pull it to discuss …It should be  “A- GO”…for this tremendous weekend celebration planned by so many entities…post Furths….

b. Commission appointment of Florida League of Cities Voting Delegate and Alternate (Clerk June White) Commission consensus at June 9, 2010 Roundtable to appoint Mayor Minnet as Voting Delegate and Commissioner Vincent as Alternate.

BC- This was discussed at the Roundtable and as stated above the Mayor and Comm. Vincent will serve ….

c. Commission approval for valet parking service (Mayor Roseann Minnet) Commission consensus at June 9, 2010 Roundtable to move forward with a trial valet parking service.

Backup-“EXPLANATION: On April 9 2010 the Town Commission received a request (Exhibit 1) from the three
downtown businesses 101 Ocean The Village Grille and Athena By The Sea for a 90 day trial valet operation
using a public-right-of- way to transfer vehicles T11e valet service would be contracted by and under
the direction ofi01 Ocean Pictures of the proposed area are attached Exhibit (2 & 3)
The subject of a valet using a public street for its transfer point has been discussed by the Town Commission
several times before and most recently at the June 4, 2010 Commission Round Table At that meeting the
Commission directed staff to schedule the item for consideration at the June 22, 2010 Commission meeting and
notify all businesses on El Mar Drive that the item was scheduled for the June 22, 2010 Commission meeting
Attached (Exhibit 4) is a copy of the notice being delivered to the El Mar businesses and the business on
Commercial east of Seagrape.
The Specific Trial Proposal
The proposal identifies the vehicle transfer location to be the two public metered parking spaces in from of the
Country Ham and Eggs restaurant. All vehicles would be parked on private property”

BC- Not so fast …backup does not include answers to the many questions at the Roundtable …VM Dodd  reminded Mayor Minnet and Comm. Clottey of the previous plan for the Valet Parking using Public Property…Promised revenue for the Town by using a portion of the”White Elephant” parking lot on A1A and Bougainvilla..This 2010 version private parking…Don’t think that’s gonna fly with the majority on the dais…Some concessions are going to have to be made to the Town…Also what about the alley use?… Alley use should not be a part any restaurant’s return route to patrons… Still some things to iron out for the Commissioners to sign off?…

d. Appropriations to cover budget shortfalls (Director of Finance & Budget Kaola King)

Backup- “EXPLANATION: The Town Commission indicated their willingness to make a $2,500 donation to the Broward City
County Managers Association for the Haiti Relief Initiative at the Roundtable meeting on June 9 An appropriation for that
donation is necessary.
The salaries account in the Administration Department budget is overspent as a result of the payout to the former Town
Manager.  We are asking the Commission at this time to appropriate funds to cover the difference between what was paid out
and the amount we have requested the former Town Manager return to the Town There are not sufficient monies in the
General Government contingency account to cover that amount ($226,879.71) so it is recommended that the funds be
appropriated from the funds that were budgeted for a Stormwater Master Plan/Study in the current fiscal year. After
transferring the money out of that account for the Chen Stormwater study $238,716 remains in the account and there are no
plans to utilize those funds
RECOMMENDATION: Town Commission to authorize the appropriation of
a. $2,500.00 from Dept 519 Fund 001 Account #500.497 Contingency to Dept 511 Fund 001 Account #500.82
Donation-aids to Private Organizations The purpose of this appropriation is to make a donation to the
Broward City County Managers Association for the Haiti Relief Initiative
b. $226,879.71 from Dept 519 Fund 001 Account #500.494 Reserve Account for Stormwater Master Plan/Rate
Study to Dept 513 Fund 001 Account # 500.120 Regular Salaries in order to cover a portion of the projected
over expenditure in that account due to payouts made to the former Town Manager.”

BC- Again, as previously posted before the Roundtable…this writer believes those taxpayers that gave to Haiti did so on their own…The taxpayers do not need to do it again through the County Manager’s Assoc….. The monies in the “Reserve Account for Stormwater Master Plan Study need to be further investigated …as to why we had the monies in there …yet the former TM asked for another $125 thousand to be allocated for the study?…

NOTE: a look at the Roundtable for Wed. night shows the further findings from the Int. TM are an eye opener to those who were not fans and even more so for those who were and may still be…in this writer’s opinion!…

10. ORDINANCES – PUBLIC COMMENTS

1. Ordinances 1st Reading

a. Ordinance 2010-04: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE SEA, FLORIDA AMENDING CHAPTER 2 “ADMINISTRATION”, ARTICLE II “TOWN COMMISSION” AND CHAPTER 7 “ELECTIONS” OF THE TOWN CODE OF ORDINANCES, IN ORDER TO ADDRESS CONFLICTS WITH THE TOWN CHARTER AND WITHIN THE CODE REGARDING ELECTION PROCEDURES; PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE

Backup- “On the Monday following the regular election at which a Town Commissioner shall be
elected in accordance with Section 6.1 of the Town Charter the Town Commission shall meet at
the usual place for holding meetings of the legislative body of the Town at which time the newly
elected Town Commissioner(s) shall assume the duties of his or her office.”

BC- see online backup..prev. BC posts…

b. Ordinance 2010-07: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, CREATING SECTION 2-26 OF THE TOWN CODE OF ORDINANCES REGARDING ETHICS REQUIREMENTS FOR THE MAYOR AND TOWN COMMISSIONERS; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE

Backup-” As requested at the June 9, 2010 Roundtable meeting of the Town Commission, I have
finalized the Ordinance creating a Code of Ethics for the Town Commission.
The Ordinance includes the initial concept considered by the Town Commission last year
that the Mayor or a Commission abstain from voting on a matter involving a Town vendor if they
have a paid or unpaid affiliation with that vendor It also requires that the Mayor or Commissioner
not participate in a shade session involving a Town vendor with which they are affiliated.
Consistent with the Commission direction the Ordinance does not include the additional
concept considered by the Town Commission in the draft ethics referendum which broadly
prohibited Commissioner business relationships in the Town.
The key points of the Ordinance are summarized below:
The Commission shall not vote on matters affecting a Town vendor with whom they have a
paid or unpaid affiliation but they may participate in the matter. “Affiliated” is defined as
being in close “formal or informal association”. When abstaining from voting under this
section Commissioners shall the a written disclosure with the Town Clerk
Refraining from voting because of an affiliation with a vendor shall be deemed to be a
potential conflict of interest sufficient to excuse the Mayor and Commission from the
statutory obligation to vote tinder Section286.012, Florida Statutes
The Commission shall not participate in shade sessions where they have a paid or unpaid
affiliation to a party adverse to the Town in the litigation
Both of these voting prohibitions also apply if the affiliation is through a business entity
related to the Commissioner or Mayor
If these prohibitions leave the Commission without a quorum to vote or to meet on a
litigation matter the remaining Commissioners can approve the item involving the vendor
unanimously or can meet in the shade session Alternatively the Commission can waive
the prohibition if they find it consistent with this Code section and find that it will not create
or tend to create an appearance of impropriety
The Commission shall also follow the ethics requirements of Part III of Chapter 11 Florida
Statutes The stricter rule shall always prevail The terms of this Code section shall be
interpreted consistently with those of Chapter 112

BC- The promise is kept..by the new majority on the dais…No more “2-hats”…No more “not one dime” excuses…No more sitting in shade sessions when there is a conflict… No more whitewashes…. Just transparency!…..

2. Ordinances 2nd Reading

a. Ordinance 2010-05: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, AMENDING CHAPTER 30, UNIFIED LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING THE PROVISIONS APPLICABLE TO THE PLANNING AND ZONING BOARD AND THE BOARD OF ADJUSTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE

BC- the changes of the dates for when the boards begin and the process of choosing the members/and allowing the members to choose their own Chair/Vice Chair… See backup….

11. RESOLUTION – “Public Comments”

a. Resolution 2010-13: A RESOLUTION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, ESTABLISHING A PROCEDURE FOR REQUESTING REDUCTION OF TOWN CODE ENFORCEMENT FINES OR LIENS; PROVIDING FOR CONFLICT, SERVERABILITY, AND AN EFFECTIVE DATE

Backup- “EXPLANATION: Town Commission to consider approving a Resolution outlining procedures and authorizing the Town
Manager and Town Commission the authority to mitigate recorded Code Enforcement fines liens
STAFF RECOMMENDATION Approval”

BC- different Commission different Administration… different response..Staff approval…Commission for the Ord. then -Comm. Dodd wanted to put forth as is done in other municipalities and was recommended by our Spec. magistrate (prev. posts)…Another promise kept…

b. Resolution 2010-14: A RESOLUTION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, REPEALING TOWN RESOLUTION NO. 1222 REGARDING FLORIDA MUNICIPAL HEALTH TRUST FUND INSURANCE PLAN ELIGIBILITY FOR TOWN RETIREES; PROVIDING FOR CONFLICT AND AN EFFECTIVE DATE

Backup- “SUBJECT TITLE: REPEAL OF 1994 RESOLUTION 1222 RETIRED EMPLOYEE HEALTH INSURANCE
OPTION
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 112.0801 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
RECOMMENDATION: Adopt the Resolution repealing Resolution #1222

……………
“RESOLUTION N0.1222
A RESOLUTION ALLOWING  RETIRED EMPLOYEES
OF THE TOWN OF LAUDERDALE-BY-THE-SEA THE
OPTION OF CONTINUING THE FLORIDA MUNICIPAL
HEALTH TRUST FUND INSURANCE PLAN AT THEIR
OWN EXPENSE

Whereas the Town Commission of the Town of Lauderdale-By-The-Sea, Florida has determined that it is feasible to allow retired employees the continuation of coverage under the medical benefit plan at no cost to the Town.

Now, Therefore, be it resolved by the Town Commission of the Town of  Lauderdale-By-The- Sea, Florida In Regular Session Convened.

Section I. That all expense of the insurance premium shall be the responsibility of the retiree.

Section II. That this resolution shall take effect immediately upon adoption.

Section III. Passed and adopted by the Town Commission of the Town of Lauderdale-By-The-Sea, Florida this 25th day of January 1994.

Mayor Ken Wardlaw”…

12. QUASI JUDICIAL PUBLIC HEARINGS

13. COMMISSIONER COMMENTS

14. OLD BUSINESS

a. Commission approval of Town Manager Position Profile (Public Information Officer Steve d’Oliveira)

Backup-

BC- Time to get it out….

15. NEW BUSINESS

a. Commission approval for a Personal Code of Conduct (Commissioner Scot Sasser)

Backup-

BC- Comm. Sasser’s campaign promise kept…..

16. TOWN MANAGER REPORT

BC- no backup… Updates on progress report etc…should be in the online backup as previously done…

UPDATED-an e-mail to the PIO produced an oversight on his part for the TM backup and it was remedied on 6/22/10..

Backup-“Emergency Services: VFD Budgets
We received AMR’s budget for the next fiscal year which contains the4increase provided for in their
contract with the Town which amounts to an increase of approximately 02080 in the Town’s General
Fund budget Although the contract dictates the4increase we have requested an explanation of the
factors that necessitate the increase
We are awaiting the VFD’s responses to the questions we posed to them regarding their budget
proposal and vehicles We have been advised we will receive the information we requested next week
CDBG Grant
We have been notified by the County that our CDBG grant for senior programs will increase next fiscal
year to $29,209, a 20%increase
Audit Committee
The Audit Committee met for the first time this week and made some excellent revisions to the draft
RFP We sent the ad for the RFP to the Sun Sentinel today and it will be placed on Demand star the most
frequently used,on-line government RFP service on Monday We will also post it on the Town’s website
Kaola King will also send letters or emails to all of the respondents from the last time the Town issued an
audit RFP to make them aware of our deadline July 12 for responses
Master Plan Steering Committee
The MPSC met this week and endorsed moving forward with the A1A streetscape project Three
members of the Commission were in attendance at the meeting so can give a first-handreport on the
Committee discussions
CIP Budget
We had planned to have a draft of the proposed CIP on the budget discussion at the Roundtable
tomorrow night but were unable to get it done on time due to other pressing operational issues and the
fact that we are still trying to determine how whether the funds that appear on the balance sheet in the
Capital Improvements Fund truly are undesignated and can be appropriated to fund capital projects for
the next several years This issue will be discussed at the Roundtable meeting in more depth In
addition Chen Associates has not completed and in fact has just begun their work on prioritizing
the storm water projects and combining them with other planned Town projects to save money and
disruption
We will not be able to present the proposed CIP budget until July 13th and it is likely that the figures will
be only rough estimates at that time
List of Assignments/Projects
I’dl ike to suggest that only provide the updated list once a month at the second meeting of each
month if that is satisfactory to the Commission”

BC- It is worth the time to link to the backup to see the list provided… http://www.lauderdalebythesea-fl.gov/town/backup2009.htm

17. TOWN ATTORNEY REPORT

BC-no backup …Updates should be in backup….

18. ADJOURNMENT

Open to the public…On Comcast Ch. 78/ Town website online… http://lbts.granicus.com/ViewPublisher.php?view_id=2

more to come…

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