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Here’s The Scoop …June 8, 2010 LBTS Commission Meeting … At Least 5 HOOTS…..

BETTER THAN A CAKE IN THE SURF & YACHT CLUB ….

Dear Readers… The above reference is to prev. posts from this writer’s CIC days when I brought a cake decorated with the former Town Administration and the names of those gone and who was “NEXT”… Thanks to the “Avid Reader” for the “pic”.. sure …perfect for last evening’s last discussion on the former Town Manager and her trusty sidekick JohnO!…. The meeting was an astounding one hour and forty-six minutes!… For some reason though the Town website shows 5 hours…HUH?….The wrap up is below…

The pledge …and the invocation by Rabbi Marx who blessed the council and asked the community to remain one as well as asking the council to be inspired by the previous Commission…no disrespect Rabbi…but that portion of the invocation this writer cannot condone…gulp!….Additions etc…led to two..the Mayor added a soccer program and Comm. Clottey did research on the TM process and wanted to speak 1st when it was up…The first presentation for Amateur Radio Week presenter was not in attendance…Next up Chief Llerena with proclamation for Deputy Friedrich for the apprehension of a shooting suspect (prev. post)… The Chief read his commendation and was kind enough to forward a copy to post upon request…

“Date: June 4, 2010

To: Deputy Jason Friedrich
Lauderdale-by-the-Sea District

From: Chief Oscar Llerena
Lauderdale-by-the-Sea District

Subj: Deputy of the Month – June 2010
_______________________________________________________________________________

On May 21, 2010 you were conducting traffic enforcement operations along Ocean Drive. You observed a black SUV traveling in excess of the posted speed limit. As you attempted to conduct a traffic stop, you noticed that the driver displayed several suspicious behaviors, such as failing to yield and finally pulling off the road in an unusual area. The driver and passenger immediately bailed out of the vehicle and attempted to flee.

Since you recognized their suspicious behavior, you anticipated that they may flee and were prepared to pursue them. You successfully pursued and apprehended the driver. Immediately after, you noticed what appeared to be blood on the vehicle and evidence of a firearm. Realizing the gravity of your observations, you immediately notified dispatch and requested a perimeter and additional units. The second suspect was successfully located and apprehended with the assistance of BSO K-9 and Aviation.

Shortly thereafter, it was discovered that these suspects had been involved in a homicide which had just occurred in Pompano Beach.

Based on your ability to recognize suspicious behavior and other clues to criminal activity, you correctly deduced that this incident was much more serious than a traffic infraction. If not for your dedication to duty that led to the pursuit and apprehension of these homicide suspects, this homicide investigation would be severely burdened by the lack of an identified suspect.

Not only did you protect the residents of Lauderdale-by-the-Sea from violent and dangerous offenders, but your actions also embodied the highest standards of professional law

enforcement. The apprehension of a fleeing homicide suspect is considered by many as an apex in one’s law enforcement career.

On behalf of all Lauderdale-by-the-Sea deputies residents, we congratulate you on your award.”

The Deputy received a standing ovation inside the hall and shook the hands of all on the dais…

No public safety discussion…

Public comments produced just 2…Daniel Halpert from Pompano speaking about LBTS getting federal funds for projects…the advantages and the pitfalls…and Beverly Kennedy giving kudos to new Comm. and speaking of the new courthouse in Broward and not being in favor of it and the costs it will entail…

The minutes were quickly approved 5-0 (roll call due to a faulty yes button for VM Dodd)…The Consent Agenda was discussed for date extensions per Development Dir. Bowman…all 3 were given between 1-2 extra months …a more realistic date due to problems with government permits/ inspections …all passed 5-0 …Jazz on the Square was also passed 5-0 after discussion on making sure it and the prev. approved Athena annual permits were the same…Some research needs to still be done to see all are the same…Unfortunately they left in the TM/Designee can stop event …OOPS!… Don’t like that kind of power with the present Code enforcement staff ….

Ord. 2nd reading 2010-02 (prev. post-agenda -scroll down) for Special Meetings had no public comment after the TAtty. read it ..no discussion by Comm…passes 5-0..

.Resolution 2010-12 Audit Committee.. 1st  HOOT ….of the evening…3 were in the backup prior to the evening (prev. agenda post)…3 others were on desk in front of Comms. at meeting… Orig. discussion at last Comm. meeting was for 3-5 appointed…6 were in the running…The Int. TM suggested 5 + an alternate…VM Dodd put forth the idea of 3 +1…The Mayor wondered how they would decide…Comm. Clottey wanted each to appoint one..The VM did not acquiesce and called for a vote on 3 or 5…Comm. Vincent 2nd it..passed 4-1 (Clottye voted no)…Comm. Sasser put an end to the problematic “How to” by putting forth appointing Ray Wolowicz, Ben Freeney and John Oughten…The Mayor hanede gavel to VM and 2nd it with a friendly amendment…the alternate being Patrick Murphy…passed 4-1 (Clottey voted no)..The Resolution had no public comment…no discussion from Comm. passes 5-0…

Comm. comments…

Mayor Minnet thanked the Comm. for her appointment to Brow. League of cities and said she would attend Thur…She spoke of her time spent that morning in Town Hall …She will be in Town Hall the 2nd Tues of ea. mo. 9-11 am and on the Pelican Hopper the 4th Tues of ea. mo. 9-11 am (see June/July Town Topics)… She gave some updates on July 4th …Pelican Hopper will be used and will also be in parade with Veterans on board…the air conditioned bus…She spoke of residents receiving scams in mail…report it to BSO and spoke of Bert J. Harris being positive news …adding she still sees some clouds and rain in the sky still …Thanked the TAtty…

Comm. Vincent thanked applicants who put names in for Audit Committee as well as congratulating those 4 chosen…He also thanked residents for support and cards to his family after the untimely death of his Mother-In-Law on Mother’s Day stating his wife appreciated it…

Comm. Clottey gave her condolences to Comm. Vincent and family  and thanked the TAtty. for her handling of the dismissal agreeing with the Mayor it was not clear sailing yet but taxpayers should be happy…She spoke of the 7.4% decline (9% last year) and the concern she has for rising taxes saying she was skeptical …She spoke about the joint effort with neighboring towns for the oil spill..Hoped all enjoyed Memorial Day …spoke of Hurricane preparation the rain and the heat and the slow time in LBTS…good for going to uncrowded beaches …bad for businesses…

VM Dodd…said he followed up on the block party that was hosted by a constituent. ” When this came before us I asked myself – If this had been requested by a well dressed, well spoken, polite and deferential applicant would it have made any difference to my decision. A person’s political viewpoint or arrogant nature shouldn’t be allowed to cloud or influence my judgment. That’s what makes politics fascinating. Staff was in favor having examined the issue and from their wealth of experience from other municipalities”. He said he was very much in favor of using public roads for as many uses other than the motor cars. ” I am a firm believer in weighing heavily the recommendations of both staff and our own appointed boards.” He spoke about the town’s budget constraints being “imposed on us by outside forces beyond our control.” He is again asking this dais to forego their annual salary increase and will be looking at contracts with the VFD, AMR and BSO and ” anxiously awaiting staff recommendations as to how we can stay within our budgets without using some of those unpleasant words such as “Out Sourcing”, or the last resort in my books – cut back on the town’s staff in favor of using outside contractors. Make no mistakes – we face difficult times and unless our contractors pay credence to this dais’s requests I’m sure their contracts will be even more closely scrutinized. If they don’t want to do it then this commissioner isn’t afraid of answering to the voters and making the decisions up here when the contracts are up for renewal.”…

Comm. Sasser gave updates on the Senior Center and his research after the last Roundtable discussion of firming up the usage rules for residents full and part time…free access…along with making the point the previous Commission had the wrong interpretation of pertinent sections of the agreement and it is now resolved for the enjoyment of all lauding the Director and the program …He further stated he saw no contractual problems with changing to the Community Center as was also discussed (raised last time by Comm. Clottey)…He will put it on the 2nd RTable of the month and the TAtty. will look at it as well…He also addressed his liaison position dealing with Choice Environmental for the Commission…He attended a meeting with the TAtty. and Int. Asst. TM ..both he said represented us professionally and with keeping the residents concerns primary…He said Choice was stated they wanted to be a good partner and he found no reason to doubt their intentions…Later this week Choice will provide data and the hope is the resolution of this “long overdue discussion” will come shortly.. He too attended the block party..was warmly welcomed and thanked the residents…he said there have been no complaints and he saw a situation common to neighborhoods and feels there is no need for policy changes…and no reason to “burden” residents with Town government when it comes to this type of party… 2nd HOOT…He stated there should be “No barriers to the common good”…pun intended and well received…by this writer …

Old Bus. was up next and it was the Town Manager process…as decided earlier Clottey wanted to speak first and was in rare form pointing out the Charter (she did this at the last RT) and the following “The Town Manager shall be appointed solely on the basis of education and experience in the accepted competencies and practices of local public management including, a graduate degree with a concentration in public administration, public affairs, public policy, or public finance and two (2) years’ experience as an appointed city manager or county manager, or four (4) years’ experience as an assistant or deputy city manager or assistant or deputy county manager. “…She was rather annoying in stating she looked at the list of applicants from the April 26th Int. Town Manager appointment meeting in stating there were only 3 that met that threshold and one was questionable.. the woman to her right …Hmmm. that would be the Int. TM…UGH!… The Charter cannot be changed without going to referendum ……

The Mayor turned it over to the TAtty. who smoothed the crassness level by stating she felt the Political Science Degree covered the requirement …and the choice of Ms. Hoffman was a reasonable decision by the Comm. ..

The Mayor said we were quite lucky that 2 of the qualifiers were in the hall this  evening (Hoffmann/Bentley)…

The VM countered Clottey by saying he had no difficulty with the association and felt Political Science fit the bill along with experience…

Clottey did not like the wet noodles thus far…and jumped in to respond she just wanted wording to be tweaked to comply with the Charter…

Comm. Vincent thanked the Mayor and then said the following “I’m personally satisfied with the education requirement on out Interim Town Manager right now and as well as the wealth of experience that she holds. I would hold that to anything over someone with a degree with the lack of their experience in this town, this is a unique town. Sometimes experience will override a bookworm if you want to call it that. I don’t meant to make it  to belittle that name in anyway but experience in my world overrides alot of educational requirements especially as she does hold it already. So with that I would be honored if Ms. Hoffmann would want to continue to stay on. That decision hasn’t even been made yet by herself or this Commissions with that I yield.”

Comm. Sasser asked the Mayor to put this on the Round Table for discussion…The Mayor agreed and added it was time to also put on the 2nd Round Table for a Charter Review Board as well stating it had been 10-12 years since the last one…which she served on..

New Business was July 4th approval special permit… The Mayor did a once over of events..prev. and future posts…and added the idea from her committee of using Town P.A. system 15 min. prior to 9 pm Fireworks on Sunday the 4th for pledge and anthem…no disagreement…it will be added to event….Comm. Clottey read letter to Comm. from Jerry Sehl offering 300 posters for free to giveaway over weekend…at Village Grille…samples were given out on the dais…

The Mayor touched on her soccer program addition…with Comm. Vincent adding it was a good idea with the changing dynamics in the town…families…kids…Comm. Sasser asked for this to go to Round Table as well will be added on tonight’s RT…

Town Manger Report…1st was a review of the April Finance Report with desired changes from Comm. Sasser…Int. TM Hoffman reiterated what was in her backup of the problems formatting ..Comm. Sasser said he was satisfied with the quarterly Finance Dir. King presented at the prev. Comm. mtg….The Int. TM said they would try it again for next meeting and then decide to continue or ditch it..

Next up the updates…first was the response required by the former TM by 5 pm on June 7th… The TAtty. said a letter came from Colon’s Atty…. We hear he is a Town Atty for Plantation?…The letter had arguments why the monies were not owed to the Town and there would be no repayment…The Atty. also wanted more time to review …and public records requests had been made…We hear some were anonymous?…The TAtty. said there were 2 issues before the Comm….the request for additional time being made by Colon and her Atty…Comm. Sasser asked the TAtty. if she felt they had the proper time and data for conclusions…Thr TAtty. stated they had all that was supplied to this Comm. (pre. posts) ..a narrative with fairly good detail…a wealth of information…3rd HOOT….She stated the PRR outstanding to the “anonymous”…now not so much unknown… recipient are not terribly relative to the matter…they were more on the decision to terminate the Manager…Comm. Sasser said it was clear in the TAtty’s opinion the PRR are not pertinent …they have data for calculations…The TAtty. said they were made available…Comm. Sasser quickly responded his vote would be no more time…let’s move on…

Comm. Vincent stated Comm. Sasser elaborated on some of the questions he had and said the TAtty. and their staff are satisfied all the info was given to Ms. colon and her Atty. prior to this deadline…3 line items…He then inquired about the wait until the final day for them to respond… The TAtty. clarified the Atty. for Colon responded by phone on Fri. stating they were trying to meet deadline but may need more time ..that they have outstanding PRRs …and our TAttys. feel they have enough info where the Colon team want more documents for review… Comm. Vincent concurred with Comm. Sasser and said time to move on…

Comm. Clottey asked the TAtty. for her recommendation on time The TAtty. said it did not make a difference and she would leave it to the Comm…

The Vice Mayor made a 2nd to Comm. Sasser’s motion..no more time…

The TAtty. said it was a motion to respond…

Comm. Vincent wanted to know plan B…

The next step according to the TAtty. said it would be to review the Colon Atty. letter and the feasibility to move down that path or more time…

Comm Vincent either did not do his homework or forgot with his final questions …He asked “did we actually send a formal demand letter”…The TAtty. told him the letter sent by Hoffman ended with “consider this a demand letter”…Trevarthen said they could send another letter…sterner in tone…Comm. Vincent inquired that the letter came from the Town Mgr. and not the TAtty…. (HUH?)… The TAtty. said yes with an assist from the TAttys…. Comm. Vincent said he was suggesting a formal letter from the TAtty. …The TAtty. said she had discussions with Colon’s Atty….Comm. Vincent then said a formal letter could delay and they had a verbal demand..The TAtty. said there is no misunderstanding…it’s interpretation our Attys. say she owes the money to the Town Colon’s Atty’s think they can justify the payment to their client…

Comm. Sasser also wanted Olinzock and O’Brien subpoenaed and the TAtty. said they would consider that if there is litigation…The motion was read by the TAtty. after the Town Clerk was unable to do it…to go forth and pursue the money including litigation…passes 5-0

Issue #2 was the update on JohnO…and right out of the gate Vice Mayor Dodd asked the TAtty. about changing the termination to include cause…

The TAtty. said the bulk of the inquiry for Colon has been completed and it was possible to consider that…

The VM made a motion from without cause to cause and a 2nd came from Comm. Sasser…A vote was taken…passed 5-0

Comm. Clottey wanted to know what the cause was…stating it should be listed…

The TAtty. said that was for the motion maker ..to answer…

4th HOOT ….VM Dodd responded “How many would you like!”…

Clottey said she understood and agreed with Dodd but wanted it named such as incompetence…according to HR

The TAtty..said in HR “legalize that would be incompetence…unresponsiveness…

VM Dodd agreed and said yep!…

Comm. Vincent said it clarified it for him and spoke of JohnO’s lack of following direction and discussing with the TAtty.  before payment…

The Mayor spoke of direction for JohnO and the TAtty,. spoke of the dismissal and the terms applied in the Personnel Manual for sick leave and and the 1991 Resolution for severance (prev. posts)…He is no longer in good standing (after vote for cause) and is not entitled to either…but there wass till the 103 vacation hrs approx. $4000 to deal with… approval was needed to issue payment…

Comm. Sasser wanted to make a motion…but was stopped by the Mayor and discussion was turned over to Comm. Vincent…who unfortunately got it all wrong stating he should have been entitled to sick leave but not severance now that cause was found …the TAtty. reiterated no severance…no sick leave just vacation leave ..Comm. Vincent  then retracted to state JohnO was entitled to vacation leave not sick leave or severance …

VM Dodd jumped in to say base salary only per the manual …He misspoke ..the Employment Agreement states for all the “At Will” employees (prev. posts) entitled to only base salary to termination …adding Clottey wanted them to go the requirements of the Charter…and JohnO always followed the manual…OUCH!…

The TAtty. said the argument could be made both ways…

Comm. Vincent stated he would heed the TAtty. and give JohnO his vacation leave to move forward and resolve this…YIKES!…

Comm. Sasser was finally allowed to make his motion…base salary only …

The TAtty. stated JohnO had already received that…

Comm. Sasser stated he should only get what he has already been paid by the Town and VM Dodd qyickly 2nd it…

It passed 5-0

Comm. Sasser added the same should go for HR Mgr. Kathy O’Brien who was terminated …

VM Dodd reminded them that termination etc…was done by the Int. TM…

The Mayor quickly added the Int. TM knew the direction on that!… 5th HOOT….

A quick update followed on the bathrooms being looked into…

No TAtty. report…

Adjourned ….

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