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Here’s The Scoop … September 14, 2010 Lauderdale-By-The-Sea Regular Commission Meeting … More Fine Tuning …

FINDING THE RIGHT SOUND …

Dear Readers …at Tuesday night’s LBTS Commission meeting it was clear that this new Commission/Administration are closer still to be a fined tuned instrument …Quite a fete for a government entity and something this Town has not seen in quite some time!.. Yes, there are a few “chords” here and there that still require additional time and attention … but those “sour notes” do not take away from the full impact of what “music to our ears” …. when we can understand and fully appreciate the work these “musicians” put into the program before the curtain goes up!…

The meeting began on time at 7 pm and after the pledge the Mayor introduced resident Pauline Brooks McGinnis who stepped to the podium to read the invocation … The Mayor was the only dais member to make an addition to the agenda ..(NB 15f. dealing with residential parking permits…see below)…She followed that up with making the proclamation declaring Oct. Domestic Violence Awareness Month…

Public Comments…There were seven speakers this evening ….

First up was Marie Chiarello who is helping with the upcoming Halloween Event on Oct. 31st (prev. post/poster on sister site) and and came up to speak both as a resident and a representative of the event asking and receiving 3 minutes for each… Mrs. Chiarello stated she was going to “cut to the chase” and asked emphatically where are the decorations …She was speaking of the MIA decorations for Halloween (prev. posts) and as well as other prior events sponsored by the town…She went on to state she had the 2008 & 2009 event reports as well as holding up copies of past By The Sea Times newspapers ( defunct since the last election) which contain photos of decorations ..She even looked up the weather reports to see the events took place and decorations would not have been ruined.. She spoke of receipts for payments that were to private businesses that were also suspect…She asked for a full police  investigation if no answers were forthcoming and stated previous Commissioners as chairs of the events were responsible to answer to the taxpayers.. As a Halloween volunteer she thanked the Town’s staff for all their help in getting ready for the event stating they had gone above and beyond..She also said they are still in need of donations and anyone who wants to volunteer can contact Ron Piersante …She spoke of a “family of angels” who want to remain anonymous and donated 40 containers …She named a few churches and a synagogue as well and offered to any chairperson who the containers adding anything not used by them to be donated …

Louis Marchelos came to the podium and stated “I’m back” as he proceeded to follow-up Marie in stating “Lauderdale-By-The-Sea Grinches have taken the props spoiling the Town events”…He went on to state those who claim ownership should give these items back…He too asked for a full accounting …the Sheriff and Comm. Clottey a past chairperson to investigate…

Diane Boutin came up to state she chose to look to the future and thanked the Administration/Commission for the work they are doing on the budget ….

Michael Banta came to state he was sorry he missed the budget meeting the night before and apologize…He stated he was a recent purchaser of his home and would see his taxes go down as neighbors would not…He spoke of necessary expenses as well a “nice to do” spending …Halloween in our town he said was necessary…He said he wouldn’t  want the Commissioner’s job ….He did not like the Commission giving taxpayer monies for donations (prev. post) …He felt taxpayers should do that themselves if they wanted to make contributions…He ended with speaking about the housing corrections and the ongoing impact…

Bob Fleishman came up to state he was going to speak on something else but after hearing some of the other speakers …he too wanted to address an investigation for missing props…but he did not thin Comm. Clottey should be the person to do it as it would be a “conflict” and suggested she have another Commissioner do it…

Paul Novak spoke as President of the Chamber and addressed the parking portion of the Oct. Chamber sponsored Craft Fair and metered parking around town along with on El Mar Drive being free /not free and impact on the vendors (see below consent agenda)…

Bill Vitelli spoke about the budget meeting and the Chamber …he thought the Town should take over the Welcome Center and the TM should run the building …as well as the hours etc…on the the center’s operations…He said to continue to donate money to the Chamber but separate the two…He said do not lower taxes if it impacted services from public safety providers or projects for beautification …asking to clearly state the impact per house on the difference in millage ..He addressed Comm. Clottey’s statements from the budget meeting and having Pompano give their fair share to the Welcome Center …He stated Pompano just approved $75,000 to promote their own city and would probably not give to ours..He added we should go to the County..not the Chamber …

BC-This writer thought this event props issue had been addressed by the Town… and also thought while it stinks that the Furths did not turn over all the props for Halloween as well as any other events they worked on …to ask for an investigation at this time and bring it to the podium does no one any good…

The Haunted House battery operated items belonged to the Furths and they did buy them each year as they scoured for deals before ..during and after Halloween…That’s a fact that has been addressed and this writer observed personally…If it was me or most people …those items would have been donated as a common practice  akin to turning the winning big raffle item back over to the charity event rather than go home with it….

As for the other event items…..we are now hearing the biggest question is the inflatables that were used for those two years (2008/2009) on the soccer field which were hundreds of dollars… We are also now hearing that some were purchased by former VM McIntee and some by the Furths…and they were reimbursed by the Town … (This writer assumed all that stuff was rented as the July 4th inflatables are)…So the questioning is valid still  …along with the decorations that were addressed by this writer as well in past posts stating that if the Town paid for the materials which made up a prop..it only makes sense the prop then belongs to the purchaser of the materials …

The Town should continue to follow-up by going to those who can answer the discrepancy of what was said to be stored at the west warehouse and was removed by the Furths as we understood it was done after they were provided a key to take their items unmonitored…Those who could attest to the condition of the inflatables and what was purchased would be former Comm. Silverstone and his wife as well as the VFD/LBTS Public Works who were in charge of the field set-up/tear-down the past two …

But, any investigating of those items does not need to be brought up at the podium again right before the upcoming Halloween event that we have been informed by the volunteers promises to provide the Town with plywood props that will make the missing ones pale in comparison …in this writer’s opinion…

Let’s just make sure we are updated on what the Town’s findings through the Administration and make sure there will now be included in any special event permits for Town events such as these…a clause that states any props made or acquired going forward are property of the Town and will be cataloged for future use by the Town … Of note…this gives credence to Comm. Sasser’s response some weeks back to the TM’s desire to have a staff person in charge of events such as these being necessary …

Of note…I have received the 2008 & 2009 event documentation and will look at it and post ….

There was no public safety discussion and the approval of the Aug. 25, 2010 workshop/Reg. Comm. meeting minutes were approved after the Mayor included the 2 changes made that were previously e-mailed to the Commission..passed 5-0

Consent Agenda item 9a -parking passes for the Womens’ Club passed 5-0 with no discussion…the other items were pulled for discussion…

9b. was the Chamber Craft Fair in Oct. and the Vice Mayor asked about the port-a-potties for the event…Asst. TM Bud Bentley said the event met the requirement by using the businesses to meet the number…(In the past port-a-potties were lined up just north of the municipal parking lot next to Ham N’ Eggs on El Mar Drive …Comm. Sasser asked about the extended enforcement after the event and Bentley answered Judy and the Chamber wanted it to extend for people to stay in Town and go to restaurants etc…and facilitate the vendors …The parking was discussed as well due to President of the Chamber Paul Novak’s inquiry at public comments about El Mar Dr. and metered parking that was free in prior years…Staff was recommending El Mar to be free this year but metered elsewhere …Bentley pointed out parking was not free in other municipalities holding events and the Chamber does not reimburse the Town for lost parking revenue…There was further discussion concerning where vendors park after Paul voiced concern about them feeding the meters as well in his comments…After some back and forth from Comm. Clottey and the Mayor with the new administration concerning no past problems arising from the situation and the VM and Mayor asking for additional recycling to be done…It was passed with the El Mar Dr. free parking which will require new signage with hours it’s free and metered elsewhere with parking for vendors to be worked out with the Chamber to accommodate them..the Chamber Arts and Crafts Show passed 5-0 for Oct. 30 & 31st…

9c. was quick with VM Dodd asking Dave Gadsby the recycling upgrade question he was looking for and getting an affirmative response …passed 5-0 for his annual Village Grill Patriots Pre-Game Party on Oct. 4th 1-7 pm…

9d. was the Chamber’s Christmas- By- The- Sea on Dec. 8th from 5-9 pm…Asked and answered in the affirmative was the Dodd recycling upgrade …Comm. Sasser asked about the dollar discrepancy between the event permit and the report they received from the Chamber (prev. post)…It was sidestepped and only the Town’s contribution of the staff recommended $2,500 was addressed…Paul said they still require the $2,500 and felt it was fair…The Vice Mayor asked about the last 3 years figures and stated he did not think they needed the $2,500…Paul did not have those figures (prev. post) …He spoke of the costs of putting up the tree…and stated the Chamber does not make any money from the event and the event is for the Town…He also reminded the dais that one year they did not have the event (prev. posts)…That remark gave an opening to Comm. Clottey to bring up yet again her flawed “hearsay” from El Mar Drive about years ago concerning charges of the Chamber usurping the VFD who traditionally put up the tree by forking over $5,000 for a contractor to do it instead… Paul again tried to set the record straight…It was a contract to take down the tree…refurbish the tree and put it back up and down afterward…(BC that year the VFD were not contracted to the Town as well)… Clottey asked him to contact the VFD to put the tree up and save the money…not listening to the explanation …again!… (The VFD put it up last year)…Paul was a gentleman and said he would…The Mayor clarified the $35,000 being asked for and its use was for the Welcome Center not events and the $2,500 was budgeted for this Chamber event…Paul replied that was correct and it passed 5-0… (Vincent/Clottey)

9e. was the Wings parking Lot …prev. posts)…and Asst. TM Bud Bentley explained how no short or long- term remedies he offered up were reached with the owner’s reps..who long- story- short now want to retain their parking places for their residential tenants no matter that they signed an agreement in 2007 that did not include that in any-way shape or form… The minutes from 2007 and 2008 as well as this year show repeatedly the deal was for parking permits in either parking lot theirs or Bougainvilla with no designated spaces.. Time has come where the only way to move forward with it is through the legal action and the courts…It could cost due to the Wings owners having deep pockets…as well as the Town still paying our TAttys. hourly rates…But…in the end…the agreement is iron clad in this writer’s opinion…Question is still why did the owner give it up after losing the 2 restaurants he was promised?… The maintenance is piddly in comparison to what the building purchase and renovations cost… Although there is a silver lining in the future if parking requirements are removed and he can have 2 restaurants in the future…

In the back and forth ..it was most unfortunate that Comm. Vincent (he was under the weather) did not understand the difference between giving the designated parking spaces in their lot vs. parking permits for undesignated parking in the Bougainvilla lot…Bud Bentley had already explained the difference and Bentley went over and beyond in offering the owners the possibility of dedicated spaces in the back of Bougainvilla …correctly adding that those Wing’s residential renters would most likely be able to avail themselves of the Wings lot in any event due to living there and parking overnight…Comm. Sasser walked through the warranty deed and the permits themselves and how it was worded for use…That brought up the need to re-name the permits to permit (pun intended) overnight parking and Mr. Bentley threw in that changes of using “hardship” for permits might be done as we revamp the parking requirements (Sept. 20 Roundtable) …Comm. Clottey wanted to know what benefit it was to the Town to have this lot and if it made sense to not take it…That train left the station is essentially what Bentley responded so they did not look into it …He added that original architectural drawings showed more spaces increase when the 2 lots are eventually combined and stated the parking garage could still come in the future… The Vice Mayor reaffirmed the permits were not dedicated as he was in the audience when the discussions took place and that the former Mayor and Town Atty. made the deal …Bud Bentley spoke up to say one of the problems was the CO (certificate of occupancy) should not have been allowed to happen without the transfer happening simultaneously …stating “no good deed shall not go unpunished” (this would come up again when discussing the Art. Reef Project …see below)… The Mayor added she had continuously brought this transfer up due to it being “an accident waiting to happen” …and asked for a motion …That was made by VM Dodd and seconded by Comm. Sasser for the TAtty. to proceed legally to get the transfer enacted…passed 5-0 (Dodd/Vincent)

9f. was the POA Oktoberfest on Oct. 16th 5-9 pm in Jarvis Hall…Comm. Sasser wanted to make sure the liability liquor l;license was in order and it was according to the TAtty. and Mr. Bentley …POA Pres. Linda Ritchie asked for free parking in the Town Hall lot and after brief discussion it was added to be approved …passed 5-0 (Dodd/Sasser)

Ordinances 2nd Readings …have been covered previously …

10a.2010-11 for abandoned property to be fall to the mortgage company (banks) to deal with …One public comment was made by Vito Chiarello asking for some clarification on what abandoned meant …The TAtty. addressed the specifics as well as Dev. Director Bowman on the process …Comm. Sasser asked about the violation costs and was informed they were recommended by the P & Z (prev. post) and that the Special Magistrate can impose further fines ..The TAtty. concurred ..It passed 5-0 (Dodd/Clottey)

10b. Ord.2010-12 Fire Hydrants …regulating landscaping /screening produced no public comment and Comm Sasser thanked staff for addressing prior input he wanted addressed…It passed 5-0 (Sasser/Vincent)

10c. Ord 2010-13 was to change the code for the required two commission meetings to allow for the Comm. to try the Adventura model of one Commission meeting and one Roundtable …and to cancel or add meetings… No public comment ..no discussion ..passed 5-0…(Dodd/Sasser)

Resolutions..

11a. 2010-21 addressed the change in the code for the above meeting changes…No public comment/no discussion passed 5-0 …(Sasser/Dodd)

11b. The participation in the Gov. investment pool…was cleaning up obsolete language and staff responsibilities …No public comment and just a question if this was connected to the investment pool agenda item under the TM Report by Comm. Sasser …He was informed they were completely separate…It was a different issue…passed 5-0 (Sasser/Clottey)

After a break it was time  for Commissioner Comments…

Commissioner Clottey stated she would be brief and this writer heard something I never thought I would coming from her…She lauded the BSO for their response to a “criminal event” she said she “witnessed” the previous Saturday…She said she called to check the time after they responded so quickly..it was “33 seconds” ..She went on to state “we really have a fantastic police department” and that she wanted “to publicly state” the were “outstanding”…(Did something freeze over?)… She spoke of the budget ..and keeping taxes low and the low attendance at the previous budget meeting …She asked for viewers to try and make the next one and to share their concerns with Commissioners and again spoke of being prepared for the hurricane  season with so many brewing out there..

Mayor Minnet said she would be brief as well and spoke of attending the BSO Patriots Day Memorial Service on Sept. 11th and how important it is to remember …She reminded constituents of the Sept. 21, 2010 A1A Informational Meeting in Jarvis Hall from 6-8 pm..Representatives from PBS &J will answer questions and the MPSC will be included in the evening’s program for that purpose…She spoke of the tentative 4.09 millage and also asked constituents to give their opinions at the next meeting on Sept. 27th (6 pm) to adopt the final budget…She spoke briefly about the speakers coming up to address the discrepancies of past events and “of being put through quite a bit for $33″…Which of course was the whole “Greenfest” witch hunt that was put to rest after the new Commission came in this year…

Vice Mayor Dodd … “I want to congratulate the VFD on their elections and to Steve Paine as their new leader. I had a very constructive meeting with the VFD where I expressed my continued 100% support. I explained some of the historical problems that this commissioner felt that he had no control over the purchase of vehicles despite the fact that the vehicles were supposed to be owned by the town. If the town is to be responsible for the fleet or part of the fleet the town must have veto or approval powers over the vehicle replacement funds and the final word on when to replace vehicles. I made it quite clear that if the VFD put forward a properly laid out proposal backed up with facts and analysis for any replacements and if they provide a valid cost justification they would have my full support. The youngest truck is 16 years old and at some point in time all of the trucks will eventually need to be replaced. Any decision to replace a vehicle has to be made on a sound economics basis considering all the factors and not based on the desirability of having a new truck with the latest equipment.
I caught a brief news flash on T.V. last week where a new remote controlled life saving vessel was being demonstrated. The vessel was launched into the surf and controlled by a person standing on the beach. It can be used to reach a person in difficulty with a rope or simply the vessel’s own buoyancy to assist the swimmer. If this type of equipment would save lives on our beaches then I would be in favor of somehow finding the funds after the vessel’s abilities have been evaluated.
I did not agree with last night’s decision regarding the chamber since it is not up to us to micromanage how the chamber allocates their funds for advertising or to directly control their spending. Our job is to let them do their job within the financial boundaries we set and to ensure the tax payers money is wisely spent. I think it was the first time since I was elected where the vote was 4 to 1 with me being the one. I’ll try not to make a habit of it”

Comm. Vincent took a pass due to being ill and having a hard time speaking…

Comm. Sasser … I would like to take a few minutes to let all of you know how hard and efficient staff has been working to provide a budget that keeps our taxes at a minimum. They have really impressed me with their knowledge and ability to find solutions through what seems to be insurmountable odds. Quite frankly I don’t think we could have done it without Connie, Bud, Doug and a host of others. As you all know, I’m a newbie up here going through this process for the first time on this side of the dais and I am learning more than I ever thought I wanted to know. However, I haven’t forgotten how confusing it could be when you are even one step removed from the process. So, let me try to give those who have not been attending the meetings and keeping up with all the confusion the dime tour: First of all, the entire Commission has held firm to the direction given to staff to come up with a budget that does not raise our millage rate. This means staff has had to make up, break up or give up over $600K in this years budget. We are almost there. They have had to get flexible and innovative to pull it off. They understand, just as you and I that downturns in the economy are hard on all of us.”

He did a David Letterman top 10 even though he said “there are only 8″….
• Hey, we pay taxes here too
• The government has many hands and I only have a few pockets – The town millage only covers about 20% of my and your bill. Other government entities get 80%
• The best defense is a good offense – We have to hold all levels of government accountable for keeping our taxes as low as possible
• I can’t win for losing – if we keep your millage rate the same and the other entities raise theirs you are still gonna be mad at me
• None of the proposed millage rates matter until the end
• What goes down must not come up – proposed millage can go down each stage but not up
• Trust but verify – Going through this process it is apparent we could have been in much better shape if our investments would have been handled better. (more to come in tonight’s Town Manager report)
• Finally – Nothing is for sure but death and taxes. We have an election coming up. Be sure to make your choices wisely.
In all seriousness, please stay involved and hold not only this Commission accountable but all your elected officials accountable including but not limited to County, School Board, State and Federal. But, know this Commissioner is committed to no increases in your millage rate.

Updates:
Choice negotiations continue. Town staff has been collecting data so that both parties can make the best decisions possible for the greatest impact. It is difficult to tackle issues that are so selective in nature but we will do our best to continue the great progress we have already seen.

The Chamber of Commerce negotiations have progressed and I think last night was the beginning of the final stages of reaching an agreement that is beneficial for both parties. We will finalize the funding amounts during budget discussions and are expecting an advertising plan from the Chamber to complete our work.

Thank you once again for all the hard work from the volunteers with the Halloween event. You continue to work so diligently and your efforts are appreciated.”…He also spoke of hearing the public comments and assured all “we will have a wonderful event” …adding some things will be different but “it will be beautiful and wonderful.”…

Old Business was dealing with the Artificial Reef Project and VM Dodd spoke first… ” I have done some research and took some physical measurements of the output of the yellow solar buoy. For the technically minded – there are 15 panels at maximum 10 watts output on a hemispherical top. Fortunately for us but unfortunately for the buoy the sun only hits a limited number at any one time. Mid-day the output was around 72 watts and late afternoon around 60 watts. The buoy would function and could be used to power one of the reef frames and act as a back-up buoy. It is not ideal since it was the prototype and is considerably overbuilt. I personally believe it would be better to make an approach to the builder or Cry of the water who are currently storing the buoy to find out if either party would be prepared to purchase the buoy. The town could then have three identical buoys with many other associated benefits. I would be happy to take on the role of liaison between the commission and the contractor, to assist the town and try to help with the negotiations if that is the wishes of the dais. I would like to point out that we are dealing with volunteer organizations with little to no funds. If this dais wishes to end up with a Biorock frames off the beaches and elicit the help and support from Dr. Goreau, cry of the water and any other organizations we need to project a cautiously positive attitude rather than the legal wall that might initially appear more attractive. I believe Cry of the water is one of the seven organizations named on the permit that allows us to pick up broken corals and seed them on the frames. I believe Cry of the water is making every effort to go flat out to get the frames in place as quickly as possible and will defer to the town attorney on where that puts us legally with regard to the contract or lack thereof.” …He then stated the Commission received an e-mail from Cry of the Water earlier that day … including 3 photos …(see below) …

Reef structure

welding the structure

solar buoys

……………
From: Cry of the Water [mailto: reefteam ]
Sent: Tue 9/14/2010 11:59 AM
To: Connie Hoffmann
Cc: Roseann Minnet; Stuart Dodd; Birute Ann Clottey; Scot Sasser; Chris Vincent
Subject: Update on LBTS Biorock Artificial Reef project
Update on Lauderdale-By-The-Sea Biorock Artificial Reef project

As per conditions of permits the following notifications have been made to the agencies.

Cargo Manifest and Pre-Deployment Notification form
Army Corps and FWC
Photos of completed structures are being sent to FWC

Notification of Planned Start Date:
2 week notice required. Planned start date no sooner than September 24, 2010
Per weather and sea conditions
Army Corps, NOAA, Coast Guard, NMFS, FWC
Broward County has been notified but notice will be sent 48 hours in
advance of start.

Reef structures:
3 reef structures have been picked up and the remaining 3 will be picked up.

Buoys:
2 buoys have been completed and will be picked up on Wednesday.

A few details of the mooring lines for the new buoy design still have to be worked out with the contractor (American) and additional dives to the site to install final markers for the anchors.
David at American has told us that he cannot do the work until the end of the month
per his schedule and weather.

This will work out will since we are in the peak of hurricane season and by the end of the
month we should be past the busy storm time.

We dove the permitted site on Saturday, checked bench-marks and reinstalled corner
pins with tags that are labeled ” Reef Project – Do Not Remove”

Dan Clark

Cry of the Water
P.O. Box 8143
Coral Springs, FL 33075
954-
www.cryofthewater.org”

…………

Vice Mayor Dodd then turned it over to the TAtty. to address where we stand without coming down too hard on the agencies… The TAtty. stated as directed she sent the letter stating that GRA was in default and emphasized the Town was looking for a solution..She stated there had not been a response thus far…and the Town Manager was dealing with it (prev. posts/TM Report)…The TAtty. stated that the vendors were stating in their e-mail that they will be operating outside of the stated “cure period” which is Sept. 21st..(they state they will move the buoys in after that date)…Ms. Trevarthen added the Town wants to negotiate an agreement but having no feedback hinders that…

The TM reiterated what is in the TM Report (prev. post) and that Dr. Goreau was out of the country on two occasions and out of the country now with no cell phone…She received only one e-mail (prev. post) and she stated she talked to Cry of the Water who has gotten most of the permits and done most of the work …She concurred with the TAtty. that her perception is the Town wants to see this move forward and be a success…resolve the breach with a new contract that is not burdensome…and communicate in order to do so with Dr. Goreau..She added they will be installing the buoys at the end of the month weather permitting…

Comm. Clottey stated she spoke to the Town Manager about this a few times and also Cry of the Water…She said a work boat had bee out in the area by the reef and they were diving ..putting pins in and the currents are dangerous…She said the components have been completed  and the company doing the work had worked with the Town in the past and do drilling in the Keys…They have a backlog and cannot be here until the end of the month…

BC- apparently the Mayor thought the Town Manager looked as if this was news to her…and said as much inquiring if Comm. Clottey had informed Ms. Hoffmann of this …Comm. Clottey said yes…

Comm. Clottey went on to state she was told they will try to get another company and she would hate to go after them legally …She then asked the TAtty. if there was a time limit to respond and stated no one on the dais received a copy of the letter or the contract..

The TAtty. stated they had until the 21st and that her recollection was the TM offered the contract to the Commission but the offer was declined …The TM stated the Comm. received a copy of the letter …

BC- This writer has only seen the first draft and was informed it was changed before going out…

After some more back and forth about the respond time and what “cure” meant …The Mayor spoke to ask for a motion to take VM Dodd up on his offer to be liaison stating she could not make motions…

The Vice Mayor stated he would be “delighted to help out and spoke of doing so with whomever we have the contract with which is not Cry of the Water… The Tatty. stated that would be Dr. Goreau and Cry of the Water not being in the contract is part of the questions that need to be addressed…

Comm. Sasser reiterated that this is “a good project” and then spoke of Asst. Town Manager Bentley’s previous statement concerning the Wings Parking Lot “no good deed goes unpunished” and how we were compromised by what did and did not take place..He felt it was pertinent to this situation… He stated he was elected to be fiscally responsible and there is a conflict moving forward without a contract… He was concerned about the lack of deliverables and the maintenance once this is in… Bottom line he said to the Commission …do we want to stop work while there is no new contract or continue it …again stating there is no communication going on while they are moving forward… He said for himself …we have to have a time frame to negotiate a new contract and can’t allow work without a contract…

Comm. Clottey said she agreed with a lot of what Comm. Sasser stated but she wanted the TM to negotiate and stated there was a history here …

BC- She was alluding to the Vice Mayor and again taking out of context his past statements to put the project on hold last year when money was being discussed on the dais…

The Mayor spoke highly of the success seen by using liaisons from this new Commission and stated that everything goes through the Town Manager ..She added that Dr. Goreau and Cry of the Water should be aware they may not get the balance of their monies if the contract is not fulfilled when they finish…that was her concern they need to be aware of that..

Comm. Sasser stated before he made  the motion for VM Dodd to be liaison he wanted to poll the dais on his ideas of where they stood …He was told by the Mayor to put it in his motion… He stated the VM would be the liaison with the TM/TAtty. to monitor the project as well as negotiate an agreement with the understanding GCRA will have 14 days to respond in the affirmative willing to negotiate a contract with the Town …If not all work shall cease until an agreement has been reached ..If GCRA agreement is in place in 14 days it should be agreed to 30 days after …

Comm. Vincent said he voted against the breach letter (prev. post) and giving them an ultimatum ..He said we told them to go ahead and now we are giving them mixed signals …He stated they have nothing to lose and we have nothing to go after they have $3000 in the bank (BC-how does he know what they have in the bank?) …

The TAtty said she would try and explain why it was handled the way it was …giving notice of breach …and we could not know if they could not perform ..She said it was not a meaningless act … and we received documents stating they plan to perform outside of the cure time…outside of the contract…

Comm. Vincent asked what will entice them to continue perform?

The Town Manager asked to make a suggestion on the motion to state a new agreement within 30 days …stating once the reef project is installed the Town is liable for the research project  …or state within 20 days of installation of the reef whichever is sooner…

BC- Finally the crux of the problem the liability to us the Town/taxpayers once they put this “puppy” into the ocean!…

More discussion ensued over the particulars of responding..mutual consent ..and 2 way discussions… Comm. Sasser offered up date changes if the dais desired them …he was working off the cuff with his motion…Comm. Clottey after stating she agreed with her “colleague” Comm. Vincent about this being confusing asked for the motion to be in 2 parts …again insinuating problems would arise from VM Dodd being the liaison …

The Vice mayor wanted a friendly amendment that the frames would not be installed until we have a new contract…

The Mayor agreed with Comm. Sasser’s comparison to the Wings debacle and spoke of the costs for ongoing maintenance and reminded all that Dr. Goreau seemed amenable to new contract which protected everyone and kept us from holding the bag  ifthey walked away after installing it…

Comm. Sasser spoke about the obligations and the contract being in breach and added some levity by stated he “certainly trusts the Town Manager and the Town Attorney and a little bit the Vice Mayor!”…(touche’ to Clottey?) …

The Vice Mayor added his friendly amendment and Comm. Sasser stated it should be whatever triggers the start of monitoring…

Comm. Vincent who had stated the vendor only had $3,000 in the bank now asked if the vendor was “financially sound to continue” asking if there should be a performance bond in the new contract… The TAtty. stated that was a concern and could be in the new contract…

Comm. Sasser broke his motion into 2 separate motions… first making the VM the liaison…to negotiate and then to carry on as liaison to monitor the project’s maintenance…It passed 4-1 (Clottey voted no)… The Tatty. read the rest of the revised original motion to enact as the 2nd motion which was seconded by VM Dodd and passed 5-0…

The Town Manager had one additional issue which was to ask direction that the new contract be a “simple agreement” crafted to protect us but get the project done…It was acknowledged  as so from the dais members…

Under New Business (15) Jeff Bowman came up to read the backup of the Notice of Intent for the Comprehensive Plan 15a. (prev. posts)…No public comment and no discussion ..passed 5-0 (Clottey/Dodd)…

15b. was a representative for the Colorado National LOCities conference…no takers…no vote…

15c. The meetings needed to be set going forward and it appears beginning in October the Adventura style of governing will begin ..The 2nd Tuesday of each month will be for Reg Comm.Mtg./ 4th Tuesday will be Roundtable discussion…The VM reminded all meetings could be added or cancelled if needed… passed 5-0 ( Dodd/Sasser)…

The Mayor reminded all the Roundtable  next Mon. (Sept. 20,2010 5 pm) would be packed and limited in time due to VM Dodd needing to attend his Hillsboro meeting at 7 pm..and to be concise and remove anything that can be deferred…

NB 15 d. was Acting Finance Dir. Doug Haag’s shining moment to go over the current policy and changes needed to implemented to allow the Town to earn more in interest and/or less in fees …while being protected …Safety in principal/liquidity/diversification…We used an independent …free outside investment consultant to aid in the changes …all will follow state guidelines and will be conservative… We will have transparency with monthly reports to the TM/quarterly to the Comm. and they will be re-adopted every 3 year (we have not updated since 2001) … Comm Clottey wanted to defer the actions …she wanted more time to research it…She made a motion…and received no second… The VM jumped in to make a motion to adopt and Comm. Vincent added there will be a 3 month period as this goes forth…Mr. Haag concurred … The VM wanted to know how much interest would be generated in a 12 month period …Mr. Haag stated he would have to defer on that not having enough info… It passed 5-0…

Next was item 15e. the sewer rates and public hearings…The TM stated they would be in Nov. and Dec. due to the approved change in the Comm. Mtg/Roundtable  calendar going forth…No motion was needed…

The Mayor added 15f. for Residential parking permits not to be sold by the Town until the rate was discussed and set…stating it was lowered the year before… Discussion included alerting staff a grace period might be required due to the Sept. 28th date to approve and the Sept. 3oth date of ending the current permits…Asst. TM Bentley stated beach parking permits should be included as well ..

16a. Town Manager Report…Ms. Hoffmann stated they already discussed the Art. Reef Project…stated the VFD budget would be discussed at the Roundtable on Mon. (9/20) She spoke about the cash report provided (Haag-backup) …She stated we will have a cash issue in the fall… She touched on the LETF and that was followed by discussion on the costs and what VM Dodd wants reimbursed …Don Prince was already gone so it will be brought up again…After that was some discussion on banking practices and the non-interest accounts we found out we were in at SunTrust …Doug Haag spoke of the amounts (approx. 2.8 million) …and brought up going out for an RFP for banking services (YEA!)…He stated it makes the banks “sharpen their pencils”…(imagine that!)…Not known was if there are penalties for termination … Mr Haag said the multiple accts would be cut down to half….Comm. Vincetn wanted to know if we were in discussions with SunTrust or another local bank to make presentations…He wants the bank to be local…(HUH?)…

BC- the only other bank is BankUnited…Find the best bank(s) and forget about going local only…

The Vice Mayor and Mayor were surprised in hearing we had 1 year agreements with SunTrust…

Comm. Sasser asked about the decrease in the Community Center Grant…the TM answered it was due to population numbers and would curt back the prev. amt. by $5,000…The Mayor stated all amounts add up and the money needs to come from somewhere to make up for any losses and keeping the 3.999 millage…

The VM said in jest “But we’re gonna make that up in interest!”…

The Mayor asked about the west warehouse …The TM stated she went to it for the first time and was surprised how big it is…Steve D’Oliveira will put an RFP together to find Brokers to rent out a portion of it…

Town Atty report was addressing boards and the parameters of what they can do on their own without Commission support… Ms Trevarthen stated what was done in other municipalities…The board can come to the Commission to  inquire about support whether it was the entire board or a member in order to keep the use of resources from being used on any projects without support…The TM stated in the past she had seen this happen…Some discussion ensued and after stating the Commission does not want to quash input/ideas coming from their appointed boards…and understanding per the TAtty. that Sunshine law does not apply to a member of board talking to a member of another board /Commission to see that the flow of ideas can continue…It was agreed to follow the TAtty’s advice…

One final question was answered by the TAtty concerning what severability clauses mean in ordinances…The TAtty. responded it allows for a portion to be found and perhaps removed rather than the whole ordinance…if challenged…

The meeting was adjourned at 10:25 pm…

video on Town website … http://lbts.granicus.com/ViewPublisher.php?view_id=2

more to come….

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