IT’S A NEW CHAPTER IN LBTS … BLANK PAGES READY TO FILL WITH A NEW VISION FOR OUR FUTURE …
Dear Readers … We are starting a new “chapter” in LBTS with the Regular Comm. Mtg. on Tues. night… The meeting will be the only Comm. Mtg. in Oct….The first to see if the Aventura model works as well here in LBTS… The Roundtable on Oct. 26, 2010 at 7pm will be the replacement for the 2nd Comm. Mtg. of the month and should offer the start of major discussion/direction and clarification to the boards/committees/ Administration on the roles all will play in planning the vision of LBTS’ future… The goal is to have the Roundtable meetings for the purpose of extended commentary and discussion followed by shorter concise Comm. Mtgs. …. Chapter one…page one…
TOWN OF LAUDERDALE-BY-THE-SEA
TOWN COMMISSION MEETING
TUESDAY, OCT. 12, 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
6. PUBLIC COMMENTS
7. PUBLIC SAFETY DISCUSSION
a. BSO Police Monthly Report – September 2010 (Chief Oscar Llerena)
Backup- EMPLOYEE OF THE MONTH Deputy Eric Weiner & Deputy Manny Alvarez
Deputy Weiner and Deputy Alvarez were recently selected to participate in a crime suppression
program with an emphasis on enforcement of narcotics laws and investigation of narcotics
related offenses. They were chosen for this assignment as a result of their leadership integrity
and dedication to duty.
They immediately began working several investigations involving narcotics and other criminal
activity. Within a few short months the results of their investigations are impressive. They have
logged a total of 51 arrests and executed two search warrants yielding seizures of felony amounts of cocaine marijuana and illegally possessed prescription pills. In addition their participation was instrumental in solving severa other criminal investigations which resulted in
the recovery of a substantial amount of stolen property.
Their tenacity hard work dedication and team work in the apprehension of criminal offenders is
exemplary. Their dedication to the pursuit of criminals contributes to the success of the
Lauderdale-By-The-Sea District and embodies the highest standards of professional law
enforcement.
NOTABLE INCIDENTS/EVENTS
On September 8, 2010 LBTS deputies received a call of a burglary to a vehicle that just
occurred. Based on the suspect description deputies responded to a local hotel. Deputies had
previously contacted several suspicious subjects who were staying at that hotel. Deputies set up
surveillance and observed the subjects return to the hotel with multiple stolen items. Suspects
were arrested and most of the victims were able to recover their property.
On September 13, 2010 LBTS deputies received a call of a suspicious 55 gallon drum that had
washed up on the beach Investigation revealed that the drum contained seawater and diesel
fuel. Investigation revealed that the incident appeared to be criminal and was turned over to
LBTS- VFD and handled as a haz-mat incident.
On September 15, 2010 LBTS deputies responded to a assist the LBTS- VFD with traffic control
during a fire at the Fountainhead Condominium. Traffic flow on Ocean Drive was restricted for
several hours. No traffic related concerns were reported.
On September 17, 2010 LBTS deputies responded to a domestic disturbance. Investigation
revealed that a female has stabbed a male in the chest with a large knife. The female suspect
was arrested on scene. The male victim is expected to survive.
On September 19, 2010 LBTS deputies conducted a traffic stop on a vehicle driving without
headlights. The driver of the vehicle fled on foot. A perimeter was established but the suspect
escaped Subsequent investigation revealed the identity of the suspect. District deputies are in
the process of obtaining an arrest warrant.
On September 26, 2010 an LBTS deputy on patrol observed several subjects breaking into
vehicles. A perimeter was established and the suspects were arrested with the assistance of
BSO K9 and Aviation.
CRIME STATISTICS
CRIME/CURRENT MONTH/PRIOR MONTH/2009 YTD/2010 YTD
AUTO THEFT 0/ 0/ 8/ 6
BURGLARY-BUSINESS 0 /2/ 8 /11
BURGLARY-CONVEYANCE 4/ 2/ 38/ 25
BURGLARY-RESIDENCE 6/ 0/ 13/ 19
BURGLARY-STRUCTURE 0 /1/ 2/ 7
FORCIBLE SEX 0/ 0/ 0 /1
HOMICIDE 0/ 0 /0/ 0
ROBBERY 0/ 0/ 3/ 6
THEFT-GRAND 0/ 3 /21 /30
THEFT-PETIT 2/ 7 /40 /39
TOTALS 12/ 15/ 133/ 144
b. VFD Fire Monthly Report – September 2010 (Chief Steve Paine)
BC- What’s the deal… we have a new chief..but it looks like same-old/ same-old…in actions seen and heard…How long does it take for Broward Dispatch to remove the VFD from getting medical call dispatch calls?…Certainly not a month…If the VFD shows up but the call is canceled ..do they still get paid…That’s an issue VM Dodd is still concerned about.. On the accident that happened…were the proper procedures to investigate an accident followed with those involved…formal statements…testing …and a record kept… What’s the deal about so many new officers … and what’s the deal with so much equipment being mishandled as we are hearing it is… The amendment to the contract…is a little weird …see below…(Resolutions)…The VFD still needs Town oversight…in this writer’s opinion…
BACKUP- Overview
In the first week of September Mutual Aid agreements with the City of Oakland Park, Fort
Lauderdale and Pompano Beach Fire Departments were agreed to Some minor details are still
being worked out.
Members from the fire department attended a 911 ceremony at the Fire Fighter Memorial in
Fort Lauderdale and the department participated in a climb at the Tower Club in Pompano
Beach to reach a total number of 112 stories in memory of fallen fire fighters and police officers
from New York City.
Response
The Volunteer Fire Department was dispatched to a total of 87 emergency calls during the
month of September.
The Volunteer Fire Department responded to 23 fire calls
Out of the 23 fire calls 1 was a high rise fire which was located at 390Q North Ocean
Drive and a HAZMAT call which was located at 4520 EI Mar Drive on the beach where a
95 gallon drum half full of ignitable liquid such as gasoline HAZMAT team from City of
Fort Lauderdale Fire Department and Broward County Fire Department were requested
to respond via mutual aid.
The Volunteer Fire Department also responded to 64 medical calls in which 38 were
cancelled.
The Fire Chief and Fire Administrator are still working on Broward County
Communication Center to change the dispatch cards to improve the services to the
citizens of Lauderdale-By-The-Sea.
Training
The Volunteer Fire Department has 37 regular members and 23 associates
Three members attended training at the Emergency Operations Center for incident.
Command on scale events involving local state and federal agencies.
Average response time for first engine out 4:14
c. AMR EMS Monthly Report – September 2010 (Chief Brooke Liddle)
Backup- OVERALL AVERAGE TIME LESS THAN 6 MINUTES 002:38 100% time
8. APPROVAL OF MINUTES
a. September 27, 2010 Special Public Hearing Minutes
b. September 27, 2010 Regular Commission Meeting Minutes
9. CONSENT AGENDA
a. Use of Jarvis Hall for a Sweet Sixteen Birthday Party, Saturday, November 6, 2010, 7:00 p.m. to 11:00 p.m. (Municipal Services Director Don Prince)
Backup- SUBJECT TITLE: Use of Jarvis Hall for a Sweet Sixteen Birthday Party
EXPLANATION: Mr Keith Carlisle is a resident of Lauderdale-By-The Sea and would like to have a Sweet Sixteen
Birthday Party in Jarvis Hall on Saturday November 6 2010 from 7pm to l l pm
RECOMMENDATION: I recommend that Mr Carlisle be granted the use of Jarvis Hall. There are no other events
on that day on the calendar.
b. Use of Jarvis Hall for Morning Star Condominium annual meeting, Saturday, November 20, 2010, 11:00 a.m. to 2:00 p.m. (Municipal Services Director Don Prince)
Backup- SUBJECT TITLE Use of Jarvis Hall for Morning Star Condominium annual meeting
EXPLANATION: The Morning Star Condominium Assoc Inc. would like to hold their annual meeting in Jarvis Hall on
Saturday November 20 2010 from l l am to 2pm.
RECOMMENDATION: I recommend that Morning Star Condominium be granted the use of Jarvis Hall as they
have been holding their annual meetings in Jarvis Hall for several years and have always left the facility in good
condition.
c. Special Event Application for a Public Menorah Lighting Ceremony on Sunday, December 5, 2010 (Interim Assistant Town Manager Bud Bentley)
Backup- SUBJECT: Special Event Application for a Public Menorah Lighting Ceremony on Sunday December
5, 2010
EXPLANATION: The Chabad Lauderdale-By-The-Sea has submitted the attached special event application
Exhibit 1: requesting Commission approval to hold a public Menorah lighting ceremony at the Beach Pavilion
between 5:00pm and 7:00pm on Sunday December 5, 2010
Pelican Square was the location of last years event however the number of participants significantly exceeded
the projected number causing the unplanned closure of the intersection for 2 hours. This year the public lighting
ceremony will be at the Beach Pavilion After the ceremony the Menorah will be moved to the east side of
Pelican Square west end of the east Commercial Blvd median
STAFF RECOMMENDATION We recommend approval of the event with the following conditions
1 The applicant shall coordinate with BSO the exact location of the event so that no streets are closed
and to the satisfaction of BSO attendees are in a safe location and that traffic flow will not be
adversely affected
2 Bathroom facilities temporary facilities or within the building shall be provided to meet Broward
County requirements which based on last years estimated attendance of 200 attendees equals 4
portables
Note: The County requirements assume the attendees are 50 Male and 50 Female and that 1
portable will be provided per every 75 Males and 1 portable for every 40 Females The calculation
for 200 attendees is for 100 males 13 portable are required and for 100 females 25portables are
required for a total of 4 portables
The applicant projects attendance of 85 people The application states no restrooms will be
provided which is not sufficient The event producer may be able to use facilities at local business
that are above their required number by providing a letter of commitment from local establishments
near the event site
3 The certificate of Insurance and Liability shall be provided by November 5, 2010
4 The event site shall be organized in a safe manner to protect attendees For example all extension
cords shall be covered to avoid a trip hazard
5 This event is of a size and type as to not require additional solid waste disposal containers
6 The Town Manager may suspend permission for this event or the on-site Town representative may
terminate the event due to applicant not complying with the teams and conditions of the Town’s
event permit or for health or safety reasons such as crowds that exceed the capacity of the event site
7 In the event that insurance certificates licenses and other material requirements are not provided by
the required dates the approval for this event shall expires unless the Town Manager fords there are
extenuating circumstances that the event sponsors have resolved or can immediately cure without
compromising the health welfare and safety of the citizens of the Town of Lauderdale-By-The-Sea
and those attending the event and without increase the cost of administration to the Town.
d. Modification to Advertising Policy to Fill a Position Permanently (Town Manager Connie Hoffmann)
BC- This writer believes this agenda item shows the difference between Town Managers big time!… This writer asked Comm. Clottey to put forward an item to make it mandatory for advertising for positions such as department heads after former TM Colon elevated Code Enforcement Officer Bowman to Director of Development without advertising outside of Town Hall ..Mr Bowman did not have the qualifications to be Dir. of Development according to the job description and has shown he was and still is not qualified…especially as we face many changes being made as we move forward with the vision of the Town…in this writer’s opinion… The meeting on Jan 13, 2009 had this new requirement on as a consent agenda item (12g)…and it was not voted on until this meeting was continued with a workshop on Jan 22& 23, 2009…It passed 5-0 but was substandard in the outcome as this writer posted after the fact …It called only for a position $50,000 and over to be advertised in the Sun-Sentinel only…I posted on this site on Jan 26, 2009 -“OOPs. G.passed 5-0 for ads to be placed for positions over $50 thousand in Sentinel…but needed to include Fl League of Cities…to get the top job applicants”…Town Manager Hoffmann has not only addressed dealing with the current situation to retain Int. TM Bentley…who absolutely should be retained…but the substandard result of that 2009 vote….
Backup-SUBJECT: TITLE WAIVER OF ADVERTISING POLICY TO FILL A POSITION PERMANENTLY
EXPLANATION: In January 2009 the Commission adopted a policy that any open position paying over $50,000 per year
cannot be filled on a permanent basis until it is first advertised in the Sun Sentinel and all qualified candidates are
interviewed. It is requested that 1) the Commission waive that policy for filling the Assistant Town Manager position on this
particular occasion and 2) amend the policy itself to provide that positions be advertised in an appropriate venue to recruit
qualified candidates for the position and 3) amend the policy to provide that the top five qualified candidates be interviewed
assuming that five candidates qualify for the position
We have an individual currently serving in the Assistant Town Manager position on an Interim basis who is qualified
has proved himself to be extremely capable has been well-received by the Town’s residents businesses and staff and is
completely immersed in large number of important projects The expense and time involved in advertising the position and
interviewing applicants for the position does not appear to be warranted in this instance
A newspaper ad is often not the most cost effective advertising venue for senior positions and the wording change would give
the Town Manager more flexibility in using other advertising locations such as the League of Cities datagram which is
widely distributed and charges no fees to advertise or on professional association websites which target the specific audience
you want to reach with your recruitment.
The requirement to interview all qualified candidates is not normal HR practice Often many applicants will meet the basic
requirements of the position and a review of their experience via careful review of their resume is normally done to narrow
the field. I often then do some background checking on candidates to narrow the field even further before commencing with
interviews as my practice is to do very lengthy involved interviews I think it is more practical for the policy to require
interviewing the top five candidates.
RECOMMENDATION: Waive the policy for the appointment of an Assistant Town Manager in 2010 and modify
the policy to allow advertising the recruitment in a “venue appropriate for the position” for other recruitments and to
require interviewing only the top five candidates.
e. Valet Trial Period: 60-day Evaluation Report (Interim Assistant Town Manager Bud Bentley)
BC- It looks like the trial- period proved what many said it would… very little..by way of it’s full impact due to low usage in the off-season…Recommended by staff is to continue it and re-evaluate in the winter…The parking meter use was between 44.5 hrs -28hrs..avg. low 40 ea. wk…
Backup- SUBJECT TITLE: Valet Trial Period d6a0y Evaluation Report
EXPLANATION: At its meeting of July 13 2010 the Commission approved a 90 day trial period for the
operation of a valet service from the public right of way (ROW) on El Mar Drive A copy of the license
agreement is attached (Exhibit 1) for your reference The trial period for the valet service started on August 2,
2010 and is scheduled to end on October 30, 2010 The Commission requested an evaluation report at the end of
60 days
The valet company provided weekly reports about their operation which included start and ending times and the
number of cars parked This data has been summarized in the attached table (Exhibit 2) During the trial
period the operation was observed by the police code parking and administration Input was collected during
the trial period as well as at the conclusion of the 60 day period specifically for this report
Three issues came up during the trial period
1 Use of three private parking spaces on the north side of the Country Ham and Eggs Restaurant
This was initially reported as parking in the alley We confirmed that the valet was not parking in the
alleyway but on private property We received no reports that the activity was causing any problems and
I conferred with the Aruba manager who indicated there was no impact on their valet operation
2 Having one valet operator on duty at certain times
Due to the low number of cars being parked on most week nights the valet would sometimes have one
person on duty As the data in the table indicates on low volume nights the valet would often close by
9pm Parking up to three cars in the alley on private property allowed one operator to accommodate the
parkers
We received input from two people expression of concern that the valet service should be staffed by at
least two people We will continue to monitor the operation and should staffing levels cause problems
we will work with the operator to correct it
3 Blocking of meters after valet service ended for the evening
There were several documented occasions when the valet service closed for the evening but did not
remove the no parking signs from the two assigned meters thus preventing the public from parking at
these two Town Center meters After several changes in procedures the valet service seems to have
resolved the problem From staffs perspective this was the only problem with the valet service during
the trial period
101 Ocean advises that they are happy with the results during the trial period and would like to continue
providing this service to the public and their customers
Generally the public input was positive about the current trial period but cautionary about problems that may
arise during the season
RECOMMENDATION: We recommend 1)Extending the trial period until February 27, 2011 which will allow us to
evaluate the service during the peak tourist season The Town still retains
the right to revoke the license at will
2) Authorizing the Town Manager to execute a new license agreement with the
terms and conditions modified for the new trial period in a form approved
by the Town Attorney.
10. ORDINANCES – PUBLIC COMMENTS
BC- the problem with the plethora of new 1st reading ordinances is what this writer previously posted and VM Dodd/ Comm. Sasser/Mayor Minnet and P & Z Vice- Chair Yann Brandt have all stated prior but has still not been rectified… They are being looked at for cleaning up the code and either removing the out of date content or content found in other parts of the code …But…not the full content of the ordinances and what should remain or should be tossed or brought into the ordinance currently and for the future… The TAtty. is still going by what the prev. Comm/Admin. directed…and not what it appears this Comm. wants…which would be to tie the ordinances in with the vision of the future of this town…Back to the drawing board for a few of these…meaning ….the TAtty. and the P & Z board to look at the full ordinance and not just a portion… which ends up costing money and time…for re-visiting them…
1. Ordinances 1st Reading
a. Ordinance 2010-15: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, AMENDING ARTICLE V “ZONING” OF CHAPTER 30 OF THE CODE OF ORDINANCES BY AMENDING SECTIONS 30-261, “B-1-A DISTRICT – BUSINESS” AND 30-271, “B-1 DISTRICT – BUSINESS” TO REVISE THE USES PERMITTED IN THESE ZONING DISTRICTS; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION, AND AN EFFECTIVE DATE
Backup- EXPLANATION: At the July 14 2010 Commission Roundtable meeting direction was given to staff to
consider adding pet grooming to the business zoning districts in the Code The Commission also authorized staff
to review the districts overall to develop additional recommended changes to the lists of uses so that the Town
could avoid having to engage in the lengthy and costly process of adopting a Notice of Intent and an Ordinance
each time anew type of business seeks to locate in the Town
At the Commission meeting of July 27, 2010 the Commission approved Resolution 2010-60( Exhibit 3) adopting
a Notice of Intent The Notice authorized moving forward with amending Chapter 30 Unified Land
Development Regulations of the Town Code of Ordinances by revising the business uses in the B1 and B1A
zoning districts A public hearing was held on the Notice of Intent at the Town Commission meeting on August
25, 2010 Walter Keller Consultant reviewed the existing business uses in the B1 and B1A zoning districts
and commonly accepted business uses from other cities Mr Keller provided a suggested listing of uses for the
Planning and Zoning Board
BOARD RECOMMENDATION: On September 15, 2010 the Planning and Zoning Board reviewed the
proposed uses and recommended approval of all the uses recommended by Mr Keller Exhibit 2 Vice
Chairman Brandt made a motion to approve the recommended list of uses by Mr Keller as set forth in the
backup seconded by Mr Wick In a roll call vote the motion passed 4- 0
Note: Walter Keller Consultant and the Planning and Zoning Board also recommended some conditional uses
be added to these districts which staff supports However the recommended conditional uses and their related
criteria and procedures are outside the scope of the current Notice of Intent and thus this issue will be brought to
the Town Commission separately
RECOMMENDATION: Approval Also after P& Z reviewed and approved the proposed amendments staff
noted that there are additional uses permitted inB1that are not in B1A. They are
1 Coin operated dry cleaning and laundry around pickup stations
2 Hardware
3 Drive through services
4 Bait and tackle shop
5 Bicycle rental shop with no outside storage
6 Dental laboratory
7 Fishing pier
Staff would recommend that these also be added to the B1A Zoning district with the exception of fishing piers
b. Ordinance 2010-16: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE SEA, AMENDING CHAPTER 30, UNIFIED LAND DEVELOPMENT REGULATIONS, ARTICLE VIII. SIGN REGULATIONS, TO REVISE PROVISIONS AND CLARIFY TERMS, REQUIREMENTS AND STANDARDS REGARDING SIGN REGULATIONS; FURTHER CREATING A NEW SECTION 30-510, SEVERABILITY REGARDING SIGN REGULATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE
BC- This is the one that this writer addressed when posting about the Sept. P & Z meeting and the concerns by V-Chair Yann Brandt over the pole signs…He asked his fellow board members to table this…they did not agree to do so…as this writer thought they should have..out of common courtesy to a fellow board member…and the TAtty. stating it would not impede anything and the fact that it was changed although it was stated there were no changes…as it was currently contained in the ord…The P & Z said it could come back…and it will…especially after the explanation cover sheet shows …staff did indeed change the rules for pole signs…expanding the removal…”The regulations for pole and pylon signs were conflicting. The regulations made them legal nonconforming signs though they were not labeled as such. These signs have now been addressed separately according to their legal nonconforming status. At staffs direction the removal and replacement criteria were expanded to provide for removal and replacement upon damage greater than 50 % of the replacement value or upon abandonment of the legal nonconforming pole or pylon sign for a period of six months or more.”… and because the decision needs to be made as we work on the new vision of the Town….Do we want to retain pole/pylon signs to retain the small town look or remove them for a streamlined look found in other municipalities…
Backup- EXPLANATION
History- At its July 27, 2010 meeting the Town Commission approved Resolution 2010-60 (Exhibit 1) adopting
a Notice of Intent to move forward with amending Chapter 30 Article VIII Sign Regulations of the Town’s
Code of Ordinances These revisions to the sign code enhance severability provisions resolve internal conflicts
and enhance defensibility in light of recent case law Several minor changes have also been made to address
inconsistencies and implementation issues identified by Town staff These additional changes were drafted to
reflect current interpretation and practice as provided by Town staff and do not revisit the approach to sign
regulation in the Town
Summary Of Changes: A number of changes have been implemented in the proposed Ordinance in order to
enhance the defensibility of the Code Most of these changes are technical in nature and many alter the format
or presentation of the regulation in ways that make the Code less susceptible to challenge without major changes
to the impact of the regulation All changes are noted in the Ordinance in strike-through and underline font plain
text sections are already a part of the Code The following changes are highlighted for the Town Commission
review
Permit review procedures and time frames were added to protect against constitutional
challenges
Working with staff we identified several types of signs which present legal concerns are not
utilized in the Town are addressed inconsistently or appear in multiple areas of the Town’s Code
Defunct unused sign types color palette and other requirements were deleted and inconsistencies and
duplications were resolved
Severability provisions were added and the substitution clause was updated to enhance
defensibility
Protections were added for protected noncommercial speech
Flag regulations have been revised to eliminate constitutional concerns and based on the
concerns and direction of staff to implement standards which reflect the current usage size and
development of flags in the Town
The regulations for pole and pylon signs were conflicting The regulations made them legal non
conforming signs though they were not labeled as such These signs have now been addressed
separately according to their legal nonconforming status At staffs direction the removal and
replacement criteria were expanded to provide for removal and replacement upon damage greater than
50 % of the replacement value or upon abandonment of the legal nonconforming pole or pylon sign for
a period of six months or more
The definition of canopy and awning signs was amended to clarify procedures to enhance
defensibility and at the direction of staff to reflect recent right-of-way encroachment legislation
approved by the Town Commission
A number of other technical changes were made which help create a more consistent and
defensible Code with clearer implementation procedures and reduce interpretation issues
RECOMMENDATION The Planning and Zoning Board reviewed this Ordinance at their September 15
2010 meeting and recommended its approval Minutes attached Exhibit 3
c. Ordinance 2010-17: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 30 “UNIFIED LAND DEVELOPMENT REGULATIONS” TO CREATE SECTION 30-22 “ZONING RELIEF PROCEDURES” TO ADDRESS POSSIBLE UNINTENDED VIOLATIONS OF FEDERAL AND STATE LAWS IN THE IMPLEMENTATION OF THIS CODE OR ITS RELATED RULES, POLICIES, AND PROCEDURES; PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE
BC- This one is a gotta do it ord…akin to the school board/transportation and greenhouse gas ords. required by all municipalities…
Backup- History: At the Commission meeting of July 27, 2010 the Commission approved Resolution 2o10-16 (Exhibit 1)
adopting a Notice of Intent The Notice authorized moving forward with amending Chapter 30 Unified Land
Development Regulations of the Town Code of Ordinances by creating Section 30-22 Zoning Relief
Procedures to provide for a zoning relief procedure to address possible unintended violations of federal and
state laws in the application of the Code or its related rules policies and procedures This proposed amendment
provides a preventative procedure to protect the Town from legal challenges and facilitates the resolution of
disputes A public hearing was held on the Notice of Intent at the Town Commission meeting on August 25,
2010
Background: From time to time the Town Land Development Regulations LDRs are updated to conform with
recent legal precedent The Town’s application of its Code and related rules policies and practices is governed
by constantly-evolving case law decisions addressing the rights of applicants and affected parties under the
Religious Land Use and Institutionalized Persons Act “RLUIPA”the First Amendment to the US
Constitution the Americans with Disabilities Act the Fair Housing Act and other applicable state and federal
laws
Ordinance In order to encourage resolution of disputes and avoid costly litigation it is recommended that the
LDRs be amended by this Ordinance to provide a general zoning relief procedure consistent with federal law
An example of the application of the procedure is a request for a waiver from development regulations when a
reasonable accommodation may be necessary to afford a disabled person the equal opportunity to use a dwelling
under the Fair Housing Act The Act makes it unlawful for the Town to refuse to make reasonable
accommodations modifications or exceptions to rules policies practices or services when such accommodations may be necessary to allow a resident the equal right to housing As an example it may be a
reasonable accommodation to waive a setback requirement so that a paved path can be provided to a resident who
has impaired mobility
Consistent with recent case law developments the proposed zoning relief procedure expands the reasonable
accommodation process to address additional types of alleged violations of state and federal civil rights law such
as a claim that a municipal land development regulation imposes a substantial burden on religious exercise in
violation of the Religious Land Use and Institutionalized Persons Act “RLUIPA “The proposed procedure
provides a case by casereview process by which Town staff and the Town Attorney will evaluate claims under
federal or state statutes concerning the application of the LDRs or related policies in accordance with the
standards of the applicable legal precedent The request will then be scheduled for a public hearing with public
notice for consideration by the Town Commission
Scone The proposed zoning relief procedure supplements existing procedures within the LDRs including the
zoning variance procedure of Section 30-8 and the procedure for appeal of administrative decisions as provided
under Section 30-7(d) of the Town Code It is intended to apply only when all other procedures have failed to
provide legally required relief
Implementation The zoning relief process will be implemented by Development Services staff Staff will advise
interested persons of the procedure and provide public information and forms
RECOMMENDATION The Planning and Zoning Board reviewed this Ordinance at their September 15,
2010 meeting and recommended its approval Minutes are attached( Exhibit 3).
d. Ordinance 2010-18: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, AMENDING SECTION 30-313(31) “ACCESSORY BUILDINGS AND STRUCTURES,” OF THE CODE OF ORDINANCES TO AMEND REQUIREMENTS FOR SHEDS, STORAGE BUILDINGS AND OTHER ACCESSORY BUILDINGS AND STRUCTURES; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION, AND AN EFFECTIVE DATE
Backup- EXPLANATION: At the June 9 2010 Commission Roundtable meeting direction was given to staff to move
forward with drafting an ordinance amending the code to address sheds and storage containers that do not require
a permit The intent was to allow an easier process for approving these structures while maintaining compliance
with the code It would allow sheds not requiring a building permit to be placed with the condition that it would
be removed in the event of a Hurricane Warning At the Commission meeting of July 27, 2010 the Commission
approved Resolution 2010-60 (Exhibit 2 )adopting a Notice of Intent The Notice authorized moving forward
with amending Chapter 30 Unified Land Development Regulations of the Town Code of Ordinances to address
these shed and storage container changes A public hearing was held on the Notice of Intent at the Town
Commission meeting on August 25, 2010
The draft ordinance was reviewed by the Planning and Zoning Board on September 15, 2010 and the Board
recommended approval with changes which have been incorporated into the attached Ordinance Exhibit 1
Staff concurs with the Board’s recommended changes Draft minutes of this item of the September 15, 2010
meeting is attached Exhibit 3
BOARD RECOMMENDATION: Approval with the following recommendations
1 Reword lines 405 to clarify that accessory buildings can be at
least 1 story in height for a two-family and multiple-family home.
dwellings
2 Remove the rear and side set back requirement at line 88
3 Remove Hurricane Watch from line 95
STAFF RECOMMENDATION: Approval with Board recommendations which have been incorporated
into this Ordinance.
2. Ordinances 2nd Reading
a. Ordinance 2010-14: AN ORDINANCE OF THE TOWN OF LAUDERDALE BY-THE-SEA, FLORIDA, AMENDING CHAPTER 10 “GARBAGE AND REFUSE”, ARTICLE III “SOLID WASTE”, DIVISION 1 ”GENERALLY” BY ADDING SECTION 10-46 ENTITLED “DEBRIS COLLECTION ON PRIVATE ROADWAYS DURING AN EMERGENCY”, PROVIDING FOR DEBRIS REMOVAL ON PRIVATE COMMUNITY STREETS IN EMERGENCIES FOR PUBLIC SAFETY PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE Approved on first reading at the September 14, 2010 Commission meeting.
BC- addressed at the last meeting..to assure we can partake in receiving federal funds if we are declared to be in a state of emergency …
11. RESOLUTION – “Public Comments”
a. RESOLUTION 2010-33: A RESOLUTION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, AUTHORIZING PARTICIPATION IN THE LOCAL GOVERNMENT SURPLUS FUNDS TRUST FUND INVESTMENT POOL (FLORIDA PRIME) AND AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO TAKE ACTIONS NECESSARY TO CONDUCT TRANSACTIONS WITH FLORIDA PRIME, PROVIDING FOR REPEAL OF ANY CONFLICTING RESOLUTION, SEVERABILITY, AND AN EFFECTIVE DATE.
BC- the first part of cleaning up the Fl. Trust Fund Pool situation… left over from the prev. admin….and anything that removes Town Clerk White as the designee while she is still employed in this Town…this writer applauds…
Backup- SUBJECT TITLE: AUTHORIZING RESOLUTION FLORIDA PRIME
EXPLANATION: At the regular commission meeting on September 14, 2010 we removed Town Clerk June White as the
designated contact for investments with Florida Prime We now need to designate the new contacts and authorize the Town
Manager to complete the necessary paperwork in the form of the Disclosure Statement and Participant Account Maintenance
Form Please note that this does not mean we are changing the Town’s investments with Florida Prime right now but this will
allows us to do so in the future
RECOMMENDATION:Approve the attached resolution.
b. RESOLUTION 2010-34: A RESOLUTION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA AUTHORIZING PARTICIPATION IN A COMMERCIAL CREDIT CARD ACCOUNT WITH SUNTRUST BANK AND AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO ESTABLISH AND ADMINISTER THE ACCOUNT AND CONDUCT TRANSACTIONS WITH THE ACCOUNT, PROVIDING FOR REPEAL OF ANY CONFLICTING RESOLUTION, SEVERABILITY, AND AN EFFECTIVE DATE
BC- WHOAHHH…Town employees under Colon used their personal credit cards to purchase on-line for the Town’s purchases!…YIKES!…It just keeps on coming….
Backup- SUBJECT TITLE: A resolution authorizing participation in a commercial credit card account with Sun Trust Bank
and authorizing appropriate Town officials to conduct transactions with the SunTrust card account
EXPLANATION: This resolution authorizes participation in a commercial credit card account with Sun Trust
Bank Issuance of a Town credit card to the Town Manager and Assistant Town Manager would be beneficial for
on-line purchases obtaining discounts that are time-specific and avoiding sales tax applied when personal credit
cards are used to purchase Town goods Now if we wish to purchase something on-line from a vendor other than
Office Depot or Kinko’s with whom we have Town credit cards a Town employee must use their personal credit
card and be reimbursed Vendors charge sales tax because the individual paying for the product does not have
exempt status Use of a credit card for payment still requires that procurement regulations be followed
RECOMMENDATION: Approve the attached resolution with SunTrust Bank authorizing appropriate Town officials to be issued a Town
credit card
EXHIBITS: unincorporated Organization Certificate of Authority Commercial Credit Card Account.
c. RESOLUTION 2010-35: A RESOLUTION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, AUTHORIZING A CONSTRUCTION AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION, INSTALLATION AND MAINTENANCE OF SIGN IMPROVEMENTS WITHIN THE STATE RIGHT OF WAY; DIRECTING THE APPROPRIATE TOWN OFFICIAL TO EXECUTE THE AGREEMENT; PROVIDING FOR REPEAL OF ANY CONFLICTING RESOLUTION; SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
BC- so we waited through 2 administrations…for signage to remedy the parking at the Bougainvilla lot..now known as the A1A lot and were given the run- around…it appears now that the run- around came from the prior administration in-town!.. In two months the new Administration have provided pics of locations for parking signs in the ROWs in-town not only for the A1A lot but others as well….and the FDOT only requires a resolution (the one above) and maintenance to proceed… Just add it to the pile …of past foibles that impacted the Town…
Backup- SUBJECT TITLE: A Resolution (Exhibit 1) of the Town of Lauderdale-By-The-Sea Florida authorizing a
construction agreement Exhibit 2 with the State of Florida Department of Transportation for construction
installation and maintenance of sign improvements within the State Right of Way
EXPLANATION: In order for the Town to erect parking signs in the Florida Department of Transportation’s
Right of Way to guide residents and visitors to Town parking the Town must approve a resolution stating that
the Town would be responsible for any maintenance or repair These signs as shown on (Exhibit 3) direct the
public to the El Prado and Bougainvilla parking lots
RECOMMENDATION: Approve
d. RESOLUTION 2010-36: A RESOLUTION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, ADOPTING THE FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE TOWN AND THE LAUDERDALE-BY-THE-SEA VOLUNTEER FIRE DEPARTMENT, INC. FOR FIRE PROTECTION AND FIRE PREVENTION SERVICES; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE
BC-The VFD amendments include lengthening the response time for a command officer from 7 min. to 9 min..and to stop the 20% of call within 20 min. to required to attend at least 70 training hours annually…
Backup- SUBJECT TITLE: A RESOLUTION AUTHORIZING THE FIRST AMENDMENT TO THE AGREEMENT
BETWEEN THE VOLUNTEER FIRE DEPARTMENT AND THE TOWN
EXPLANATION: The current agreement between the Town and the Volunteer Fire Department commenced on October 1,
2008 and expires on October 1, 2013 Either party may terminate the agreement without cause with 180 days notice to the
other party
The Town Manager has met with members of the VFD Board Directors and the Board of Directors on several occasions to
discuss changes in their agreement with the Town We have come to tentative agreement pending approval by the VFD
membership on Monday October, 11 and by the Town Commission of the following revisions to the agreement
1 Modify the agreement to define a process for determining the Town’s funding of the VFD’s annual budget that
involves discussion with the Town Manager and the Town Commission and that replaces the defined dollar amount
with an automatic increase that is contained in the existing agreement The $725,580 operating budget referenced in
the revised agreement reflects the amount in the budget for the VFD contract approved by the Town Commission
last month
2 Allocate $187,314 to a vehicle and equipment replacement reserve Per the revised agreement terms expenditures
can be made from the replacement reserve only by mutual consent of the VFD and the Town during the term of this
agreement and must follow the Town’s purchasing policies The revisions clarify that the Town owns and holds the
reserve fund The Town included $187,314 in the approved FY2010/2011 budget for this purpose
3 Modify the arrangement between the parties regarding the collection of fire inspection fees Effective October 2010
all fire inspection fees billed shall be remitted directly to the Town and effective January 1, 2011 the Town will
take over billing responsibility for the fire inspection fees The VFD will continue to do the annual fire inspections
4 Eliminate the requirement that a command officer respond to an emergency call within 7 minutes and instead
incorporate a command officer into the required first fire company response within 9 minutes of dispatch of the call
90% of the time
5 Clarify that the VFD shall respond to all fire rescue calls rather than all emergency 911 calls which will
eliminate the issue of any legal requirement that they respond to all medical calls
6 Eliminate the requirement that regular members of the VFD respond to 20% of calls within 20 minutes as that is an
internal issue for the VFD and replace it with a requirement that all active members of the VFD receive a minimum
of 70 hours of training per year The training issue is important to the Town
Adoption of the resolution will be dependent on approval of the changes by the VFD membership at their meeting on
Monday October 11th
RECOMMENDATION: Approve the first amendment to the agreement between the VFD and the Town
12. QUASI JUDICIAL PUBLIC HEARINGS
13. COMMISSIONER COMMENTS
14. OLD BUSINESS
15. NEW BUSINESS
a. Commission meeting and Roundtable schedule for November and December (Town Clerk June White)
BC- pick another day for the Roundtable meetings…
Backup- SUBJECT TITLE: Commission meeting and Roundtable Schedule for November and December 2010
EXPLANATION: Direction is requested from the Commission regarding a Roundtable meeting during the Thanksgiving
week and the week before New Years
b. Commission approval of Three (3) Hardship Permit Applications (Town Clerk June White):
* Paradise by the Sea Motel
* Sea Cliff Apartments
* Parkhill Apartments
BC- there was no recommendation on the backup for these permits…Dir. Jeff Bowman asked for Parking Enforcement to do a search for legal units and electric meters for each one..
Backup- TO: JEFF BOWMAN DEVELOPMENT SERVICES DIRECTOR
FROM: KIMBERLY WILLIAMS CODE COMPLIANCE OFFICE SUBJECT: HARDSHIP PARKING INSPECTIONS
DATE 10/7/2010
An inspection and the required research has been completed on the following addresses for the requested hardship
parking permits
Address # of units /#of meters /#of legal units/# of parking places
Paradise BTS 4208 Ocean Dr 15/ 15 /15/ 12
Sea Cliff Apts 4201 El Mar Dr 12/ 12/ 12/ 12
Parkhill Apts 4144 El Mar Drive 11/ 11/ 11 /6
16. TOWN MANAGER REPORT
BC- The TM has asked for clarification and direction on the Chamber funding and parking times for beach parking (no time limit as of now) …as well as updating her progress report and cleared up a few items such as the districts…which stay the same until the 2014 municipal election…She also states invoices were compiled to turn over to the BSO for the Halloween/Easter event props missing…On that topic we hear former event co-chair Marc Furth is bemoaning persecution over his being the perceived go-to first person of interest for the BSO…Why wouldn’t he and his wife Cristie be the first…after all it was stated that Municipal Works Supervisor Don Prince made it known he turned over the keys to the warehouse after being told to do so by former TM Colon to the Furths and afterward the the event props were nowhere to be found…We hear in the aftermath of this coming to light..a few pals of the Furths were incredulous …first to the charges and those making them and then when they too found out what was gone and the lame explanation of foul weather ruining all the vinyl props … OUCH!… We are told the BSO could use outside BSO to investigate rather than in-town…Stay-tuned…
Backup-Clarification on Chamber of Commerce Contribution
I would appreciate clarification on three issues regarding the Town’s contribution to the
Chamber of Commerce
1 The Chamber is inquiring whether they will receive from the Town the
approximate $9,400 that was withheld from their approved contribution by the
former Town Manager Vice Mayor Dodd raised the issue at one of the budget
discussions but the full Commission did not respond to the question If it is your
intent that those funds be remitted to the Chamber I need that direction before
we close the books on the last fiscal year
BC- Cannot see this one happening…VM wanted to give the $9,400 instead of any increase as he stated…
2 The minutes from the discussion of the contribution to the Chamber of
Commerce indicate that the Chamber was to provide clarification on the
expenditure of the $11,159 for advertising The Chamber indicates they sent the
attached advertising breakdown to the Commission on September 17th Please
advise me whether this information fulfills your request as we need to set up our
monthly payments to the Chamber in the new fiscal year
BC- this one needs direction…are the Comms. going to actively look to see the advertising done and the results…as well as put together a Business Development Committee to move the Chamber/Town into a more aggressive advertising/marketing future in the Town…Will it include our Chamber offering insurance as many Chamber’s do for small business?…
3 The Town did not enter into an agreement with the Chamber last year regarding
the expenditure of the Town’s contribution although there had been an
agreement in prior years Is it your intent that we develop an agreement that
addresses the use of the Town’s contribution in the current fiscal year And can
I make the first months contribution to the Chamber before we execute such an
agreement
BC- I presume this is to clarify the use of funds…ie…Comm. Clottey’s statements of not wanting Town funds to be used as donations from the Chamber elsewhere…
TM- cont.-Congratulations to the Chamber on the great turnout for the Fish Fry on Wednesday
night
Fiscal Year End
The Finance staff is hard at work closing out the records for the fiscal year that just
ended and working with the new auditors We have retained the services of a former
municipal controller to go through all of the past depreciation schedules to determine
how much money has been set aside to replace various capital assets in the
depreciation account Once we have that analysis done we will be in a position to
correctly appropriate from those funds when we are replacing capital equipment
Global Coral Reef Alliance Agreement
The Town Attorney has been in recent contact with Dr Goreau’s attorney and will be
providing an update on progress of discussions regarding contract amendments at the
Commission meeting
BC-This one is a little disconcerting…the Comms. should be informed before they get on the dais…
LETF Funds
The Vice Mayor had requested a breakdown of the amount spent on painting and
carpeting expenses from LETF funds for the public safety complex The contractor has
indicated the amount for those items was $4,545
BC-I do not think this is what the VM wanted …I believe he wanted a full breakdown on expenditures…
New Parking Permits
The replacement of the beach permit parking signs with resident permit parking only
signs will be completed next week It should be noted that the old beach permits had no
limitations on the number of hours someone could stay in the space If someone with a
resident permit parks in what used to be designated as a beach space they can park
for an unlimited amount of hours up until 2 am because of code provisions regarding
beach parking When we repeal the section of the code that deals with beach parking
permits the Commission will need to decide whether you wish to limit the number of hours that a car can park in those spaces
BC-3 hr. limit would suffice…longer -all day park valet or farther away…
P& Z Board Request for E-Mail Blasts
At their September meeting the P & Z Board asked that staff send the P & Z Board
agendas via email to local organizations associations members of the public and
churches in order to increase public involvement and attendance at their meetings
Town staff will look at building that capability into the website when we redesign it this
year to automatically send such an email when the P & Z Board agenda is loaded onto
the website There is also the possibility that we will be able to use Code Red software
to do this once we have this program up and running It is budgeted
Tennis Court Lighting
In answer to the question posed at the last Commission meeting we issued 84 tennis
court keys last fiscal year for total revenue of $6,825 The annual fee last year was
$105 but fees are prorated so if you buy a key in June you would only pay $35
We will be looking at options to improve the lighting at the tennis courts at less cost than
the estimates provided at your last meeting
BC- the tennis court crowd have been hot and heavy with corresponding to Town/Comms. to keep their courts as is for membership use/rights..but still want to improve it big time with taxpayer funds…Open the door to have the courts the same as all recreational offerings in town… giving in-town residents first gibs at court time…
BC- from the progress report…excerpts…
Commission Districts Study-Intent is to hire a university to do analysis of balanced districts for the Commission election Spring 2012
in 2014. RFP for study to Commission in Spring 2012 so that districts can be designated by September 2012 as required by Charter Article 6-6.1 (5)
Investigation of Missing Halloween & Easter Items-TM met with Police Chief 9/ 24 for his input on information needed to start the
Halloween & Easter Items investigation. All invoices/payments pulled for Easter, Halloween & Fourth of July events. Municipal Services Director has searched warehouse and noted which items the Town has in its possession. List of items of significant value missing will be provided to BSO week of October 11th.
17. TOWN ATTORNEY REPORT
18. ADJOURNMENT.
Link to backup- http://www.lauderdalebythesea-fl.gov/town/backup2009.htm
Meeting televised on Comcast Ch. 78/ Live-stream on Town’s website and then archived video available… http://lbts.granicus.com/ViewPublisher.php?view_id=2
more to come…
Tags: Boards, Lauderdale By The Sea Oct. 12 2010 Regular Commission Meeting Agenda, LBTS Agendas/Meetings, local government, Local Politics, Public Safety, Scoops, VFD
