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Here’s The Scoop … Lauderdale-By-The-Sea July 21, 2010 Planning & Zoning Board Meeting … More Than Cogs In The Wheel …

THEY ARE ACTUALLY THE FIRST COG ….

Dear Readers …the new P & Z Board met for their second monthly meeting Wed. night in Jarvis Hall …Due to “Lilly Time” this writer was unable to post the agenda items …For the most part they were really “holdovers” from the previous meeting held last month …They were back on after the staff and Consultant Walter Keller gave more backup to assist the new members in their required task …The meeting included Chair Buz Oldaker…(he spells it with one Z)….Vice Chair Yann Brandt ..Ben Freeny  and Rev. George Hunsaker…Alternate Eric Yankwitt was a no-show and Peanuts Wick is gone for the off-season (which really should be part of the consideration process for Commissioners when appointing board members)…. Sitting in for Atty. James White was TAtty. Susan Trevarthen (who seems to have become much more informative and involved after the termination of TM Colon) and Director of Development Jeff Bowman …as well as Consultant for the Comprehensive Plan Walter Keller … On the podium was also Development Secretary Colleen who began the meeting by making the same request Asst. TM Bentley made the evening before to the MPSC for each speaker to identify themselves for the transcriber who would now be doing the minutes… When she was asked if this was permanent she answered she believed so… As previously posted …what’s the cost for this change?… Before the minutes were approved from June Colleen stated the error of January would be corrected and the board voted 4-0 to approve them…They went on to new business which was really old business with some changes being made as directed last meeting …

First up was the Item #1: Code Amendments to 30-313 (29) General Provisions to allow swimming pools in the front setbacks. ( Jeff Bowman ) …Director Bowman welcomed the new members and the returning ones and apologized for missing the last meeting citing as conflict ..He spoke about the diagrams he provided the board and it was shown on the screen (could not be seen on TV/computer) ..He was asked some questions about the setbacks by Buz and asked for confirmation that this was only for corner lots by Yann …(it is) …George reminded all this was revised from the 2 options presented the last go round that included an option for front yard pools on all properties not just corner lots.. There was a little mix up with the rules once a motion and vote were called …with discussion afterward on screen enclosures ..The TAtty. reminded the board of the rules as she stated she was asked for assistance in advance from the Chair on procedures… She “cleaned it up” for the discussion to continue and it did as Ben stated he heard concerns about having them…Yann did not think they could address that within this ordinance and it was something the Commission needed to bring up …He wanted to move on the motion …Ben said the enclosed screens were in the ordinance …Buz stated it was voted on and they should move it on to the Commission.. The board could have added it as something the Commission should decide on when it comes before them ….

Item #2: New Code Section 11-21 to address foreclosed and/or abandoned properties. (JB) ….This was different than the codes we have in place for maintaining  properties and the recent lien ordinance … The staff did go to other municipalities to check if they are using this registration by banks after foreclosure and how it is working…Margate/Coral Springs have this code in place …they were favorable…and our new code “mirrors” theirs…Lighthouse Point and Hillsboro do not …The TAtty. stated she asked in her firm and found Davie/Cooper City Cutler Bay also have it and support it… Buz asked about the staff and it being “burdensome” for a small town like ours with limited staff…George thought it was “overkill” for our community with the codes we already have in place and agreed it would be “manpower intensive”…Yan concurred about the manpower and asked Jeff Bowman questions about the timeframe with the bank and the impact on short sales …Jeff answered it was for the bank and not to create any hardship for the property owners …it makes the banks responsible …Yann was concerned about the negative impact on the owners …Jeff replied that banks are being proactive in asking if LBTS has a registration in place due to other municipalities having it…Yann answered that it could make LBTS a more expensive place to get a mortgage (due to banks adding in a possible charge to cover the cost for them to have to register in the future) … Ben asked how many properties we have in foreclosure and Jeff answered the same response we have heard over the last few years ” a handful”…This writer would really like a number …Buz stated we already have an ordinance and this was “adding another layer” and went on to discuss “default” and when that occurs …He also stated staff has said it would not be a burden…TAtty. Trevarthen said some municipalities use a 3rd party vendor …if in the future the foreclosures increased …Yann asked some more questions about what happens when the property is in default and the negative impact…Jeff stated if it was occupied it would abate the violation on the property and it would be a non-issue …TAtty. Trevarthen stated this ordinance was to protect the neighborhood impact (from blighted properties) and was consistent with other cities ..it is a policy choice.. Yann stated it was a “big policy decision” that should include public comment…Unfortunately there was only one member of the public in Jarvis Hall with no comment…The public will be able to address it at the Commission meeting…Buz stated the banks are aware of this …other municipalities have it…he agreed with the TAtty. on the reason for it …the default time is “concrete” and they should move it to the Commission …George stated “the reality starts when they stop taking care of the property”… leading to the registration of foreclosed properties and Buz concurred ..”in theory” …Buz again stated it was done elsewhere and made a motion to move it to the Commission…There were no takers to do so right away…Ben then made the motion with George 2nding it…The vote was 3-1 (Yann voted no) to approve the ordinance…

Item #3: Amendments to the Town’s Comprehensive Plan to include revisions to address the Broward County Planning Council’s Provisional Certification of the Future Land Use Element, the new Public School Facility Element. (Walter Keller) …Mr Keller returned and after stepping up to the podium and clearing up his role for the transcriber as not a consultant bur consultant for the Comprehensive Plan …he then stated he had provided additional information  on the proposed changes …Buz stated there was alot going on and asked about deadlines and they were not “under the gun” to do something… Walter reiterated what he said at the prior meeting that some items are required and if not done there could be problems getting grants (he stated that one twice)…He again went through the process itself starting with the fact that the Town pays for him to do this and to finish it ….explaining to them the P & Z is the Town’s planning board…(the first cog) and from them it goes to the Town Commission…to a transmittal hearing..then to review at state agencies who will make formal comments and offer up revisions and objections…the Town will have 60 days to consider …change and send them back in…The Broward County Planning Council certifies municipal land use elements and we have a provisional certification provided in Dec. 2009 that is for one year …to make changes…otherwise we need an extension… The Atty. reminded the board that the items were prepared for them and monies were spent in the process and the orientation of the P & Z board is to resolve these items  in the month they are received …Three of the statutes were out of compliance and one has a monetary penalty…. Buz asked about the Commission meeting in August to address them and Atty. Trevarthen answered right now there is one scheduled although the date is being changed (?) …George addressed the fact that in the two years prior this never came before them and spoke about the public school aspect of it …Walter spoke of the past exemption the town had for the school concurrency …that it was lost with the added development in town of condos /townhomes…requiring us to join…Atty. Trevarthen reiterated what she stated to the Commission when the Interlocal school agreement was addressed and voted down 3-2 …that we missed the boat of involvement because we were exempt in 2003 when big decisions were being made …and now had no choice but to get on board… Buz stated he was right back where he was at the last meeting and the mandated statutes and asked Walter “what do I have to do?” …Walter answered the original plan was developed in 1989 and there have been 5 or 6 changes …including the annexed in properties (SRClub & North side of Town -Unincorporated Broward) …There was a major update in 2002 the land use zoning and it was “sanitized to the Town” by him…350 pages with 5 areas that the memo spells out …Land use needs to be re-certified so LBTS usurps the County…School Amendment…Greenhouse gases are state changes… Buz stated they were a step along the way and Walter again stated P & Z are required to be because they are the local planning agency…. Walter also said he would get an informal opinion to stop any non-compliance from happening …Yann addressed the school issue and the fact that LBTS is a non-voting member …Trevarthen stated LBTS is a nominal member …Yann reminded all the problems residents with school age children deal with due to different schools their children can be sent to…and the  motion needs to move forward….he also stated the P & Z Board does not want to put the Town into the position of fines …Walter and Atty. Trevarthen spoke more on the school issues and the lack of sensitivity when the requirement to be included rested on increase in units in town and not children…Trevarthen also gave us the news that the School Board had met its required number of municipalities and it would again come to the Commission to address it… Yann made the motion to approve with a 2nd by George …The role was called and the vote was 3-1 (Yann voted no)… Buz asked afterward why if the Town was under the wire it did not come before this to the P & Z…Atty. Trevarthen said they entered into it late last fall  and one year to comply …

The members made some comments…George said he wanted the board to understand they were “not just cogs in the wheel”…and there role was to read the documents …He said the problem is that the community is not involved during the process and that public review is required …the board serves as a  function to the Commission…He reminded Walter of the School board coming before the previous board and when density was discussed it was 1 student per 200 units and the new development created that…Yann stated the board needed more public input including commissioners…that this board is not afraid to roll up their sleeves and spoke of the front yard pool being an important issue…He said there was not alot of building going on and the board needs to work with people who want to make LBTS home…He looked forward to working with the board on codes… Buz stated the board did not have to wait for the Commission to make recommendations..and added he liked a more casual approach of not using the buttons to speak on the dais… Ben said he “echoed the sentiments” of his fellow board members and spoke of this being an important venue…the changes made this spring with people working together …the great MPSC and wanting to work with them and the desire to “keep us a small community by the sea.”…Buz thanked Walter and Jeff …TAtty. Trevarthen informed them there were codes coming their way…

Adjourned…

This writer hopes that residents and businesses as well as Commissioners will attend the Town Board/Committee meetings as well as Commission/Roundtable meetings ….It matters….

more to come…

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