Search and Categories

Here’s The Scoop … The Lauderdale-By-The-Sea November 9, 2010 Regular Commission Meeting Agenda … The Past Administration Left Us A November $urprise … Gobble … Gobble … Gulp! ….

THE MONTHLY TOWN COMMISSION MEETING …..

Dear Readers …as the Commission comes together this month for their second single Commission Meeting in this trial period to see if the Aventura model offered up by Weiss Serota works for LBTS…the agenda is somewhat daunting….. and we will need to see if the time required for most items can and will be  be used as it was intended …for most items in front of this Commission… The “GULP” is for the sewer rates and what we as residents will face over the next few years …It is a mess left over from the former Administration and Pompano Beach… More explanation will be under that agenda item NB 15c… A few other items will need some tinkering after the last Roundtable…such as the 2nd reading on businesses (prev. posts)…in this writer’s opinion… Some items have no backup attached such as the proclamations and OB item 14a. Choice Environmental Solid Waste Amendment (Commissioner Scot Sasser) …we hear that will be an update with further discussion taking place at the special meeting on Nov. 15th at 5 pm in Jarvis Hall..Following that meeting will be a strategic planning-priority-TM yearly performance review process meeting as was discussed at the last roundtable meeting…. As for the rest of the agenda …barring any in-depth inquiries concerning the monthly public safety reports ….public input and/or change of mind on an item…or additions made at the start of the meeting ..those should require little more than perhaps a summary of the Commissioners due diligence and decision to vote yea or nay or just a motion ..a 2nd and the vote… Tick…tick…tick…. Turkey timers are set and ready to go…

TOWN OF LAUDERDALE-BY-THE-SEA

TOWN COMMISSION MEETING

TUESDAY, NOV. 9, 2010 AT 7 PM

JARVIS HALL

AGENDA BACKUP DOCUMENTS

1. CALL TO ORDER, MAYOR ROSEANN MINNET

2. PLEDGE OF ALLEGIANCE TO THE FLAG

3. INVOCATION – Reverend George Hunsaker

4. ADDITIONS, DELETIONS, DEFERRALS OF AGENDA ITEMS

5. PRESENTATIONS

a. Presentation of Proclamation (Chief Oscar Llerena).

b. Presentation of Proclamation (Mayor Roseann Minnet).

6. PUBLIC COMMENTS

7. PUBLIC SAFETY DISCUSSION

BC- It is hoped that Chief Llerena & Lt. Cedeno will come to the podium to update the notable arrests (see below) as well as the employee of the month…

a. BSO Monthly Report – October 2010 (Chief Oscar Llerena).

Backup… (Could not paste…scanned in…).. Pgs. 2/3 & 8…. full report on Town website …link below

b. VFD Monthly Report – October 2010 (Chief Steve Paine).

BC- The VFD we hear is still having some turmoil from within the department as well as from outside…This writer has been put on hold for the last qtr./yr. end Income/expense reports long overdue for a PRR as well as no update forthcoming on any by-law /SPO changes made under this new administration… There are 3 Battalion Chiefs in the dept. of 60…which includes 37 “in-town” members and 23 “out-of-town” members.. We are told the dept. increased its “in-town” distance to 3 miles outside of town limits … Some stirring also has come from officers vs. embers and preferential treatment extending to bunker gear …While we know the Town’s hands are tied on actions coming from within such as these if they are indeed happening…it smacks of the status quo we all thought left the building with the change in Chiefs!… Then Employee of the 4th Qtr. is FFI Cheryl Johnson …Chief Paine included a recall notification in the report as well as the usual roster/training /calls … Speaking of call Medical Calls dropped big time…there were 68 911 call/VFD dispatched 46/VFD not dispatched 22/Canceled by Chief or M12 27/ VFD assisted call 19…The Town Manager and Chief Paine responded and met with the Fountainhead on their complaint (prev. post)…there is conflicting data the VFD has that puts Fountainhead’s claims made in a letter questionable …That is addressed in the TM report 16a….

Backup pgs.2/3/20…full report on Town website …link below….

c. AMR Monthly Report – October 2010 (Operations Manager Brooke Liddle).

BC- AMR avg. response time 0:03:45 under 6 minutes 96% of the time …Should be a motion/2nd and vote…

8. APPROVAL OF MINUTES

BC- both…Should be a motion/2nd and vote…

a. September 20, 2010 Roundtable Meeting Minutes

BC- best part…pg. 9 when CIC member Comm. Clottey is recorded for stating she “was surprised with how the cost of a parking permit was in comparison to other cities”…That was before she brought up the raise in permits the last time and those that raised their dissatisfaction… See prev. post on CIC  Board sending letter to TM and Comm. on the increase…

b. October 12, 2010 Regular Commission Meeting Minutes

BC- There were no CIC members/ residents who came at public comments to complain of the increase in permit rates…

9. CONSENT AGENDA

a. Martial Arts Contract Renewal (Town Manager Connie Hoffmann)

BC- the backup explanation from the TM again informs the Comm. of the change in doing business with recreational instructors that are vendors to the Town…rather than pay the instructor $12,000 as was done by the prev. Admin…it is now a shared revenue venture with the instructor receiving 80% of the  registration fees from group  lessons…The instructor also provide 4 free martial arts classes to the public and will receive $80 per from the Town… Should be a motion/2nd and vote…

b. Use of Jarvis Hall for Holiday Party – Sunday, December 12, 2010 6:30 p.m. to 12:00 midnight (Municipal Services Director Don Prince).

BC-backup explanation from Don Prince states Mr. Anibal Annartone a resident of LBTS wants to use the hall for a party…recommendation is to allow it… Should be a motion/2nd and vote…

c. Ratification of appointment of Chairperson for the 4th of July and Easter Events (Town Clerk June White) (Commission Consensus at the October 26, 2010 Roundtable).

* Vice Mayor Stuart Dodd for the 4th of July Event
* Mayor Roseann Minnet for the Easter Event

BC-Explanation states there was consensus at the prev. Roundtable (prev. post).. VM Dodd has already been contacted by businesses with offers to assist… We are hopeful that this year the event will be geared to the Downtown area after the parade and before the fireworks…Keep it simple… VFD in charge of the parade as is customary…and the Chamber/Businesses and resident volunteers go to the square for food and music til the sun goes down and the fireworks go off without a hitch?…

For those keeping track Mayor Minnet was the Chair of July 4th this year and said she would do Easter next year ……Comm. Vincent and wife chaired Easter this year /Comm. Sasser  and wife just chaired Halloween …VM Dodd and Comm. Clottey last chaired July 4th together in 2008 … Should be a motion/2nd and vote…

d. Award of annual sidewalk maintenance contract with Three H Learning d/b/a Florida Youth Conservation Corp (Municipal Services Director Don Prince).

BC- the backup explanation /recommendation from Don Prince is to continue with the Town’s practice since 2007 to use this non-for-profit vendor to repair sidewalks in town…purchase order for $40,000 … Need a sidewalk repaired?….Make a request for it… should be a motion/2nd and vote…

e. Coastal Partnership grant application (Town Manager Connie Hoffmann).

BC- backup explanation/recommendation from the TM is to approve this grant application for $16,750 from the state to assist with the Coral Reef Project…if and when that happens ..It will cover monitoring.. signage etc…It was the consensus of the Comm. at Roundatble to go ahead with it..this is a formality due to timing and when it needed to go out… update on Atty. contact in TM report below…

f. Commission approval of four (4) hardship parking permits for Santa Barbara Inn (Town Clerk June White).

BC- backup same as for all the other prev. applicants…should be a motion/2nd vote…

g. Engagement of Town Attorney’s Services (Town Manager Connie Hoffmann) (Commission Consensus at the October 26, 2010 Roundtable).

BC-backup explanation/recommendation is to accept the engagement of Weiss Serota for the fiscal year …It was discussed at the last Roundtable…certain concessions were made by the firm and the TM agreed with the Town Atty. this was not the time to go out to look elsewhere…The Comm. agreed and it will go to RFP before next fiscal year…should be motion/2nd and vote… There was a safeguard asked for by Comm. Sasser for any update if we approach the full amount budgeted or projection we will go over that amount…

h. Chamber of Commerce Special Event Application for the Taste of the Beach proposed on February 23, 2011 (Assistant Town Manager Bud Bentley).

BC- backup explanation/recommendation from Asst. TM Bentley is for the same use of the El Prado parking lot used in the past by the Chamber… and the requirements for permits..signage etc…are met…should be a motion/2nd and vote

i. Athena By-The-Sea Special Event Application for a proposed New Year’s Eve event (Assistant Town Manager Bud Bentley).

BC- backup explanation/recommendation from Asst. TM Bentley is to approve after informing the Comm. of the other applications to follow this one for the same night New Year’s Eve..Same requirements need to be adhered to as in prior years…Should be a motion/2nd and vote…

j. Jazz on the Square Special Event – Proposed change in the event hours on December 31, 2010 and amended site plan. (Assistant Town Manager Bud Bentley).

BC-backup explanation/recommendation from Asst. TM Bentley is approval with all requirements being met as was done in prior years…Should be a motion/2nd and vote… Let the ball drop on 2010…and Welcome in 2011!

k. Special Event Application for the Marie White’s Santa Is Coming To Town event proposed on December 11th – Sponsored by the Lauderdale By-The Sea Volunteer Fire Department (Assistant Town Manager Bud Bentley).

BC-  Event is actually co-sponsored by Peanuts Wick and the VFD according to the backup … which means Peanuts will make his way to the podium to talk it up and talk of boxes for xmas gifts donations as well …Who will do the photos this go round?…Backup/recommendation from Asst. TM Bentley … is a go unless there are any health/safety violations found…we doubt there will be any…Should be a motion/2nd and vote…

l. Year-end budget amendments for FY2009-2010 (Acting Finance Director Doug Haag).

BC- according to the Finance Dir…the Comm. was never brought a required transaction to appropriate funds in 2009…Why are we not surprised.. The Comm. might want to comment but…Should be a motion/2nd and vote…and take this type of purposeful(?) action done by the prev. Admin. while discussing 15a. the sewer rates…

Backup pg. 1…scanned..

10. ORDINANCES – PUBLIC COMMENTS

1. Ordinances 1st Reading

2. Ordinances 2nd 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 Approved on first reading at the October 12, 2010 Commission meeting – Revised at the October 26, 2010 Roundtable.

BC- the Ordinance needs revisiting in this writer’s opinion…The P & Z and this Comm. originally wanted to expand the uses and allow for no long-term wait for new business to get up and running while going through the required process if it is not an “allowable” business…Somehow the Comm. went off course at their last Roundtable and made certain businesses no longer allowable…such as paint/wallpaper/flooring /electric supply/cigar/consignment shops /funeral homes..WHY?… These should be allowed…just zone them for west of A1A …No lengthy discussion needed just a repair to what their original intentions were…

b. 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 Approved on first reading at the October 12, 2010 Commission meeting.

BC- This was previously discussed and approved at 1st Reading..to allow a form of relief “safety clause” to avoid any legal action as a last resort on any zoning dispute …Should be a motion/2nd and vote…

11. RESOLUTION – “Public Comments”

a. Resolution 2010-37: A RESOLUTION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, AUTHORIZING AND DIRECTING THE APPROPRIATE TOWN OFFICIALS TO EXECUTE A GRANT APPLICATION FOR FUNDS AVAILABLE THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANTS PROGRAM THROUGH BROWARD COUNTY FOR THE FISCAL YEAR 2010/2011 PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

BC- backup explanation/recommendation is reso for getting the grant from Broward County for the Senior (now named Community) Center $29,209 w/ the Town portion being $57,216 already budgeted by the Town …Should be a motion/2nd and vote…Hopefully Comm. Clottey won’t feel the need to be clueless once more on this topic!…

b. Resolution 2010-38: RESOLUTION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, IN SUPPORT OF THE FIRST LADY MICHELLE OBAMA’S “LET’S MOVE CITIES AND TOWNS CAMPAIGN” THAT FOCUSES ON HEALTH AND WELLNESS IN ALL COMMUNITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE (Commission consensus at the October 26, 2010 Roundtable).

BC- Readers know from past posts..benign or not…vote it down…Should be a motion/2nd and vote. …

c. Resolution 2010-39: RESOLUTION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA,PROVIDING FOR ISSUANCE OF A NOTICE OF INTENT CONCERNING PENDING LAND DEVELOPMENT REGULATIONS.

BC-backup/recommendation from Development Dir. Bowman addresses the recent recommendation from the Comm. to send the signage and parking requirements back to the P & Z to address the whole ordinance and not just what needed to be “cleaned up” …It is set for the P & Z to meet on this Wed. Nov. 17th at 6:30 pm in Jarvis Hall …The backup is online and will be posted with commentary on this site later in the week… Unfortunately once again the Dir. while providing the  TAtty’s view that this was to make it more legally defensible and P & Zs approval of the ordinance conveniently left off the the opposing vote by the Vice Chair of P & Z who was correct in his warning and analysis that more than “clean up” was done in the ordinance… which was spot on in this writer’s opinion…This reso should be approved… Should be a motion/2nd and vote… Hopefully businesses were given the heads up to attend the P & Z meeting to offer up public comment…

d. Resolution 2010-40: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, PROVIDING FOR WAIVER OF TEMPORARY SIGN PERMIT FEES UNDER CERTAIN CONDITIONS.

BC- backup reso is to stop the fees for temporary signs for charitable or non-for-profit agencies….Should be a motion/2nd and vote…

12. QUASI JUDICIAL PUBLIC HEARINGS

13. COMMISSIONER COMMENTS

14. OLD BUSINESS

a. Choice Environmental Solid Waste Amendment (Commissioner Scot Sasser)

BC- as posted above..no backup…but Comm. Sasser and or TAtty/TM/Asst. TM will update with more coming on Nov. 15th and 22nd…

15. NEW BUSINESS

a. Schedule Workshop for Permitted use of recreational activities on the beach (tentative January 2011) (Town Clerk June White).

BC- backup explanation from the Town Clerk White indicates a workshop was asked for on this topic …it includes kite-surfing and other activities both as commercial and recreational use..We are told skim-boarding lessons have been in play for the past few years in-town…Hmmm… Need to check that out…VM Dodd asked for the Condo Managers and Boards to be made aware so they could attend …Calendars out…Should be a motion/2nd and vote…

b. Report on 40 year building safety inspections (Development Services Director Jeff Bowman).

BC- the backup shows that the question has been raised by several Comms. about the 40 year building inspections in town..This has arisen due to complaints received about accommodations at certain establishments thus putting the Chamber in a quite a quandary due to these buildings being members of the Chamber and advertisers as well… The 40 year inspection requirement appears to be the only way to enforce some resolution at least to the buildings…service complaints are a whole different story… The backup gives a review of the history of the inspection as well as where the local buildings that fall under this required inspection fall…(pun intended)… Further updating should be provided at the podium …This ongoing problem deserves its own workshop as part of the visioning process ….

Backup pgs 5-11/15 …scanned… full report on Town website ..link below…

c. Town Sewer Rates (Town Manager Connie Hoffmann).

BC- THE BIG GULP!!!!!…. Just as we were kept in the dark from the prior two Administrations on the renewal of the Audit Company for 3 years at a cost of hundreds of thousands of dollars(Colon Admin.)…Kept out of the loop about major structural/design changes concerning the Commercial Blvd. Beach Pavilion…(Colon Admin.)and the Sea Ranch Club sewers rate charges (Baldwin/Colon Admin.)… We were kept in the dark along with the previous Comm. concerning the 2008 Master Sewer Agreement with Pompano Beach (Colon Admin.)… Now we are left with how to deal with the whole shebang …In a nutshell we are going to be hit hard …The South end of Town and Sea Ranch Club as well as Sea Ranch North with a huge rate increase that hits large condos the most… In that 2008 Master Sewer Agreement it was known there would be a big increase …by those who knew what was in the agreement …According to the backup TM Hoffmann states that is when the Town began drawing down  on the fund balance to cover those costs… To add insult to injury according to that same agreement (the one we found out a few months ago did not include the annexed in areas)… it had another substantial increase in the rates coming in Jan!….Without the sewer rate increase we will be operating under a $400,000 deficit…with it $800,000….The Town Manager has put out an RFP to deal with this issue (RFP # 10/09/10) … and offers up to the Comm. a possible scenario over a 3 year period that would offset the $400,000 she clarified would not take effect until FY 2012/2013…

This Town Manager and the Commission need to make clear to all the residents that they must now rectify the mess left for them and make it clear that none of them were ever made aware of it until the former TM and her co-horts left Town… This one will not be settled tonight …and will put the CIC political agenda of outrage over an increase for an annual residential parking permit for $20-$30 where in belongs…in the toilet!…

The full 7 page backup scanned ….also on the Town website…link below…

16. TOWN MANAGER REPORT

BC- The TM report dealt with updates on the VFD Board and what they would additionally agree/not agree to as a result of further changes asked for from the Comm. (prev. post)…The VFD still wants no part of an oversight committee unless the other 2 public safety vendors are included… They are rather disingenuous in stating 3 members of the board are LBTS residents..Their own By-laws allow for a resident of LBTS to sit in on the board just as the TM…but that member is not to be a VFD member as well… (prev. post)…They also shot down the calls for them to put back the 20% response to fire calls taken out…The loudest proponent of that was Comm. Clottey…On this one this writer agrees with their stance…and wonders why Clottey went down this road in the first place… One eye-opener for this writer was on the fire inspector and the possibility that Chief Paine’s duties as Chief might give way to an outside inspector needing to be hired as he is the only member qualified…I cannot see that happening as it is the most lucrative component to his salary…and an amendment for allowing the Comm. to approve that person might be met with more consternation than anticipated at this time… I still believe that the TM should sit in on the board meetings…The TM should be getting the quarterly income/expense reports and should be watching the department to make a report back to the Comm. next year on whether the Town would be better off making the VFD the Town’s fire department as they were in the past with the Town hiring the Chief and Deputy Chief as well as the Fire Inspector… The Fountainhead letter is addressed as well as the discrepancy between the letter and the VFD data provided… Protocol was also addressed going forward on how the keys for buildings are handled as well as fire drills… Imperial Lane traffic calming plans are not going to fly from the County…They will only go along with a traffic study on the light… No change for a planter or a different type of light ….It falls back to the neighborhood …speed bumps at the Town’s expense…entry arms … that will need to come forth with some criteria for funding … TM Hoffmann who attended her first Halloween event thanked Comm. Sasser and his wife Teresa who chaired the event…as well as their “hard working committee”..She said it was “well organized and impressive”…and added this…” To avoid the problems of the past, Mrs. Sasser made a detailed inventory of the items the Town had paid for, which was verified by Municipal Services Director Don Prince, and all non-consumable items stored in Town facilities”….(update on investigation below under progress report)… TM Hoffmann writes she and Development Dir. Jeff Bowman went to Delray to meet with their Downtown  Development Authority Executive Director Marjorie Ferrer …MPSC member Sandra Booth was thanked for putting the meeting together…Readers may remember that Mrs. Booth brought Ms. Ferrer and a few others to the MPSC when she was Chair…Unfortunately the reception from that committee was the same dismal experience that Prof. Plater -Zyberk encountered…On a personal note I am thrilled for a re-visit with Ms. Ferrer who impressed this writer immensely when she offered us any and all assistance as we moved forward including all the pitfalls they encountered to prevent us from going down that path!… Minto redevelopment was addressed as well on a revised site plan for their remaining properties…no specifics were offered up…

In her progress reports..Coral Reef Project… last update they contacted Cry of the Water on 4/11 for “assistance” in moving forward…..were told that Atty. for their side would contact Town on 11/5…No word on that happening…Time to go to John Birch in F. Lauderdale for a look-see…on their coral reef method… SunTrust accounts can be terminated with notice per TAtty. and RFP is being prepared by staff…RFP for renting out north half of the warehouse on Dixie Hwy. is being reviewed by TM…. Halloween investigation…list of “significant” value items was turned over to the BSO on 11/3…Priorities/TM performance plan will be discussed at Nov. 15th meeting at 5 pm…as well as Choice changes to contract…Wings parking lot ..TAtty. filed breech of contract in county circuit court on Nov. 1st…Wings has 20 days to respond… Full report/progress on Town website backup agenda..link below…

17. TOWN ATTORNEY REPORT

BC- no backup provided…

18. ADJOURNMENT

The meeting will be televised on Comcast Ch. 78/ live-streaming on Town website and then archived… http://lbts.granicus.com/ViewPublisher.php?view_id=2

Full backup for this agenda … http://www.lauderdalebythesea-fl.gov/

more to come…

Tags: ,

Post Division