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Here’s The Scoop … Lauderdale-By-The- Sea Sept. 14, 2010 Regular Commission Meeting Agenda … Last Time For 2 Each Month? …

AND THEN THERE WAS ONE? …

Dear  Readers …. This writer will do the best I can with the hard to decipher backup online as of today ……
TOWN OF LAUDERDALE-BY-THE-SEA

TOWN COMMISSION MEETING

TUESDAY, SEPT. 14, 2010 AT 7 PM

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

a. Proclamation proclaiming the month of October as Domestic Violence Awareness Month (Mayor Roseann Minnet)

6. PUBLIC COMMENTS

7. PUBLIC SAFETY DISCUSSION

8. APPROVAL OF MINUTES

a. August 25, 2010 Workshop Meeting Minutes

b. August 25, 2010 Regular Meeting Minutes

9. CONSENT AGENDA

a. Commission approval of seventy-two (72) parking permits for use by the Women’s Club of Lauderdale-By-The-Sea, only valid Wednesday from 9:OOAM to 4:OOPM and the third (3`d) Thursday of every month 9:OOAM to 4:OOPM expiring September 30, 2010 (Town Clerk June White)

BC- The Women’s Club obviously feel it is a mere formality to obtain their parking permits yet again…as is made quite apparent from the opening of the letter in the back up that states … “Dear Ms. White, It is that time of year again”…and explaining every August they ask for the parking permits i n order to carry on the tradition of luncheons and bridge at their building… It is a Commission policy decision on whether they want to continue the mere formality at a loss of  $420.00 each month during season …with lower revenue in the summer months according to the staff cover page…Hmmm…..Any discussion or a 5-0 without?…

b. Commission approval of Special Event Application – Chamber Arts and Crafts Show -October 30 & 31, 2010 (Assistant Town Manager Bud Bentley)

BC- Guess the Chamber could have sent in the same cover letter as the Women’s Club…for another Arts and Craft Show Special Events Application…

c. Commission approval of a Special Event Application -Village Grille Patriots Pre-Game Party -October 4, 2010, 1:00 PM to 7:00 PM (Assistant Town Manager Bud Bentley)

BC- Ditto for Dave Gadsby and the Patriots -Pre Game Party!….

d. Commission approval of a Special Event Application for Christmas By-The-Sea, December 8, 2010, 5:00 PM to 9:00 PM (Assistant Town Manager Bud Bentley)

BC- This one is a head scratcher when comparing a new report submitted to the Commissioners last week concerning the $55,000 wanted for the Welcome Center only …(prev. post).. In that glossy the spread sheet shows the Christmas-By-The-Sea as being budgeted for $12,500 but in the Special Event Application the numbers are as follows…

“3. Projection of Net Values The Total Cost of Event, Lost Town Revenues, and Additional Expenses.

The Chamber Advises: Event Budget $7,375

Revenue:

Income $3,600

Town Contribution $2,500

Chamber Contribution $1,275 (Balance)

Total Revenue $7,375

As the event producer, the Chamber will cover any deficiency in revenues. Based on past years, the Chamber does not project revenues to exceed expenses.”

The Staff Recommendation “Approve the special event application and Town’s $2,500 sponsorship of the event.” ..Staff also recommends free parking until midnight as requested on El Mar. They do not recommend free town-wide parking as requested citing the Town’s financial restraints, not common practice in other cities and not necessary to attract attendees..The Staff adds they “will be judicial in our enforcement and overtime violations at meters” …Followed by “If the Commission agrees with staff recommendations, the Chamber would not advertise that there is free parking for the event.”

That is followed by “The Code provides that the Commission’s approval shall state that funds for the sponsorship of this event are included in the FY 11 Budget in the Recreation Department’s Budget. The proposed budget actually includes $5,000 for this event.”..

BC- So why the large discrepancy in the cost the Chamber is citing for the event?.. A previous P & L shows in 2007 (993.37)/2008 (426.18) …Hmmm…There was no Christmas By The Sea in 2008 thanks to then VM McIntee …(prev. post)…/ 2009 (2,570.93) …

e. Legal Action to effect the transfer of the Wings’ parking lot to the Town of Lauderdale-By-The-Sea (Assistant Town Manager Bud Bentley)

BC- The Town wants to go ahead with the small parking lot improvements and take over the lot which was part of some still hard to wrap your head around deal made between the owner and some say the former Mayor, Oliver Parker …As Readers will remember …originally there was talk of 2 restaurants being on top of the beachwear shop…Lots of talk of a Hooters which was denied by the owners… The owner did slip at a BOA meeting at the dais stating he was approached with the idea of the 2 restaurants…and the parking lot turned over to the Town…Why the owner would not have wanted to keep the parking for his residential renters was incomprehensible … In any event the deal went through…The backup for this meeting included the minutes for Sept. 11, 2007 but not the Dec.11, 2007 when it was added to the agenda..and the follow-up meetings in Jan 8 & 22 2008 and Feb 19, 2008 ..concerning the alleyway and construction… It was signed on Feb 26, 2008 …..In those additional minutes were some questions about any legal action and again no dedicated spaces offered …in fact it was clarified at both the Sept. 11 and Dec. 11 2007 meetings …

The backup provided for the Commission does include some interesting “tidbits”..Exhibit “C” on pg. 13 approved on Oct. 10, 2007 “1. The Property is to be used for a public garage to be owned and operated by the Town of Lauderdale-By-The-Sea. …giving credence to the goal of having a parking garage …not just a lot… On pg. 16 “4. (e) The Town shall cause the pedestrian entrance to the Parking Lot to remain on the southwest corner of said parking lot” and this …

In the Dec 11, 2007 minutes …pg. 6 -7 “d. Parking agreement with Wings. Commissioner Silverstone questioned paragraph 5. Mr. Marrero explained that sections were removed because it was a unilateral waiver. He said he would agree to leave that section as long as there was reciprocation that the Town would not sue Wings as a result of the dedication. Mayor Parker questioned why the Town would want to sue Wings if their lot was given to the Town and explained the reliability of ownership. Attorney Cherof preferred the language stay the way it was written. Mr. Marrero accepted.”

Oct. 10, 2007 pg. 17 “5. The Developer hereby agrees and consents to the dedication of the Lot and agrees to releae and waive any right, claim and cause of action it may now leave or have in the future against the Town as a result of the voluntary dedication.”

Leaving that in…should keep the owner from not going ahead with the agreement and after hearing he was “balking” at not having “dedicated ” parking spaces… that was one good move made by our former TAtty…especially after so many other agreements that were not so…such as the Colon contract and the after annexation non-action of the SRC sewers…

BC- on backup agenda…this was at the tail-end of the 9e. OOPS!…Commission approval of a Special Event Application for Oktober Fest, October 16, 2010, 5:00 PM to 10:00 PM by the Property Owners Association of LBTS, Inc. (Assistant Town Manager Bud Bentley) …

This too is a yearly “ditto” to approve ….being a mere formality…

10. ORDINANCES – PUBLIC COMMENTS

1. Ordinances 1St Reading

2. Ordinances 2″d Reading

a. Ordinance 2010-11: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES BY ESTABLISHING ARTICLE 1 FOR EXISTING CODE PROVISIONS RELATED TO JUNKED, WRECKED, STOLEN OR ABANDONED PERSONAL PROPERTY; FURTHER ESTABLISHINGARTICLE II “ABANDONED REAL PROPERTY”, TO PROVIDE FOR REGISTRATION, MONITORING AND UPKEEP OF MAINTENANCE OF ABANDONED REAL PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE

BC- previously posted under both the Comm. and 2 P &Z Board meetings last summer…Puts the onus on the mortgage company for property…Some in the know stated this will be an add on expense at closing for buyers to cover any possible costs as more municipalities add such ordinances…it fell on deaf ears in the end….

b. Ordinance 2010-12: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY THE SEA, FLORIDA, CREATING SECTION 6-45 “FIRE HYDRANTS,” OF THE CODE OF ORDINANCES TO REGULATE THE PLACEMENT OF LANDSCAPING AND SCREENING TO PROVIDE OPEN ACCESS TO FIRE HYDRANTS, FIRE STANDPIPE AND FIRE SPRINKLER SYSTEM CONNECTIONS; PROVIDING FOR SEVERABIUTY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE (Deferred at the August 25, 2010 Commission meeting)

BC- previously posted…question from a Reader in the know…why is it needed when already a fire code requirement?…

c. Ordinance 2010-13: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE SEA, AMENDING CHAPTER 2″ADMINISTRATION,” ARTICLE II “TOWN COMMISSION” OF THE TOWN CODE OF ORDINANCES, REGARDING SCHEDULING OF COMMISSION MEETINGS; PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE

BC-Previously posted …this allows for the change of two Reg. Comm. Mtgs. each month and also to have only one or none in Aug. as well…

11. RESOLUTION – “Public Comments”

a. Resolution 2010-21: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, REVISING COMMISSION MEETING AND AGENDA PROCEDURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE

BC- same as the ordinance above…

b. Resolution 2010-25: A RESOLUTION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, REPEALING RESOLUTION NO. 1280 REGARDING PARTICIPATION IN THE LOCAL GOVERNMENT INVESTMENT POOL AND AUTHORITY TO TRANSMIT AND WITHDRAW FUNDS RELATIVE TO THE STATE BOARD OF ADMINISTRATION FOR
THAT PURPOSE; PROVIDING FOR REPEAL OF ANY CONFLICTING RESOLUTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE

BC-This one from what I can decipher sure puts forth the question of responses from the former TM in 2007 and 2008 when asked by this writer and John Thompson about the Town of LBTS getting our funds out of the failed Florida State Investment Pools A & B. in 2007..Ms. Colon stated she too had gotten out of the pools just as the new Finance Director for Pompano Beach had and when that director was written up for it in the paper…..She was lauded from the dais and the hall for being so astute… She also would never answer questions of any penalties paid for the withdrawals…looks like the reason was…there were none…see the TM report below …for the rest of this story……

12. QUASI JUDICIAL PUBLIC HEARINGS

13. COMMISSIONER COMMENTS

14. OLD BUSINESS

a. Reef Project updates (Vice Mayor Stuart Dodd)

BC- see previous posts on the Artificial Reef Project ….VM Dodd will give his input on his findings …. As for the Goreau “Associates” adding any info besides full speed ahead … despite the breached contract ….. Buoy, we sure hope so! ….

15. NEW BUSINESS

a. Public Hearing following Notice of Intent, Resolution 2010-20 Comprehensive Plan Amendments and NOI (Notice of Intent, Exhibit 1) Resolution 2010-20 authorizing NOI was approved on August 25, 2010 (Development Services Director Jeff Bowman)

BC- previously posted under Comm. and P & Z Board…required to do for the public school facilities/greenhouse gas reduction and the ever invasive public transportation that will continue to be shoved down our throats…

b. Appointment of 1 voting delegate and 1 alternate to the National League of Cities’ Annual Business Meeting Saturday, December 4, 2010 in Denver, Colorado (Town Clerk June White)

BC- If available …stick to Mayor Minnet as voting delegate and any Comm. who puts in for alternate…

On second thought…”Forget about it!” …who’s gonna pay the air fare?… See Bob Norman today…He picks up on the same points this writer has in prev. posts…the cost to have vendors wine and dine elected officials…like some former LBTS Commissioners prior to 2008!…

http://blogs.browardpalmbeach.com/pulp/2010/09/broward_county_taxpayers_foote.php

c. Schedule Regular Commission meetings and Roundtable meetings (Town Clerk June White)

BC- This should be the time when we see if October will be the month to proceed with one of each on the 2nd and 4th Tuesday of each month at 7 pm?…

d. Adoption of New Investment Policy (Acting Finance Director Doug Haag)

BC- This is the moment of truth for the new “Acting ” Finance Director…The current policy was done in 2001…according to Haag updates should be done every 3 years… We have already been informed of non-interest bearing accounts used for our funds…all at the same bank..Suntrust…as well as some other areas that need attention…see TM report below…for the rest of the story…

e. Notice of Sewer Rate Hike (Interim Town Manager Connie Hoffmann)

BC-The TM caught the mistake made by Pompano Beach before it was publicized (prev. post) concerning no notice of sewer rate increases to their customers…They need to rectify that mistake…She is asking for 2 public meetings to give proper notice to LBTS “customers” …one in Oct. & one in Nov….

16. TOWN MANAGER REPORT

BC- The Art. Reef Project portion was previously posted… as was the VFD portion…Those were followed by the “Banking and Cash Management Report” which states the Comm. requested a report on the Town’s bank accounts and that attached is a report from the Finance Dept. providing that information and illustrating how the Town’s money is invested. She states that she had previously informed the Comm. of the non-interest bearing acct. the storm/emergency funds were in (prev. post) and that Mr. Haag put the money in a moneymarket acct. immediately.. She states he found other funds in accts. earning no interest…She offers up alternatives for higher rates of return going outside of SunTrust where all the Town’s funds are at present…

She went on to state “a note in the cash report is that there is a checking account entitled “stormwater capital assets depreciation reserve.” That title would seem to infer that these are funds restricted for replacement of stormwater infrastructure, but the Town’s Annual Financial Report does not indicate any funds specifically reserved for that purpose.”…She adds they will need to do further research “to determine whether those funds were generated through stormwater assessments, if they were , their use would be restricted to stormwater expenses.”…

BC- We know that when the Town was collecting stormwater sewer assessments before 2007…those funds were not used for the maintenance of the stormwater sewer system…Some say monies were used for the sewers in the north…After the stormwater sewer assessments were stopped leftover funds were diverted to the Gen Fund…per a commission vote in 2007 …and not used for the proprietary fund as they should have been…

Law Enforcement Trust Fund Account… The TM lauds Public Works Director Don Prince for managing the project of the BSO renovations so well he saved us $79,000… Sorry but this writer must disagree…As previously posted that cost was diverted to the public works department …as posted in the backup of hours we no longer see each month… It was done at the start of the renovations of the entire building to skew the actual cost of renovating…and again at the end… The LETF funds should not have been used…as VM Dodd so correctly put forth…Also, the VM stated the only proper use of the LETF funds was the “sally port” not the holding cell or the rest of the renovations…

The Pelican Hopper had an increase of 18.7% when comparing July 2009  2,356 riders to July 2010 riders 2,796 …Kudos to Mayor Minnet!…

Community Development Block Grant for Senior Programs..the county giveth and the County taketh away… we were to receive $5,000 more with the grant…and now we will actually receive less…

BC- let’s hope that does not mean Armillio the Comm. Center’s Director will be out his first raise in 6 years or the wish list he has so patiently been waiting for!…

Here’s the follow-up to the State Investment Pool (Reso above) ..made by the Acting Finance Director and attached to the TM Report…

“I want to bring to your attention the funds invested with the State Board of Administration (SBA). The town originally had two investment accounts with the SBA- one for the general fund and a second for the emergency reserves fund. Prior to December 2007 there was only one LGIP investment fund pool. In December 2007 there was a run on the pool as a result of reports of some of the pool assets were at risk. The SBA froze all member funds for one week and when the pool reopened, the at risk assets were segregated into a Fund B, which was frozen. On a monthly basis some of these funds are distributed by the SBA into Fund A (Now known as Florida PRIME) and from there can be accessed at any time by the Town. Per the SBA, about 80% of the at risk assets have been distributed to date. However, the balance that is in Fund B today will remain frozen for 7-9 years and distributed  gradually on a monthly basis. At the end of the 7-9 years Fund B will be terminated. As of July 31, 2010 Fund B had a total of $143,053.60 of the town’s assets in it.” …Hmmm…….

Finance Dir. Haag went on to add he and accountant Edner Saint-Jean “are working with SunTrust to determine which accounts  can be close October  1 2010 or sooner”…attached was cash investment report

17. TOWN ATTORNEY REPORT

18. ADJOURNMENT

………..

Backup…on Town website…http://www.lauderdalebythesea-fl.gov/town/backup2009.htm …hopefully it will be fixed and readable on Monday….

Meeting is televised on Comcast Ch. 78/ live-streamed on Town website and archived on Town videos… http://lbts.granicus.com/ViewPublisher.php?view_id=2

more to come…..

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