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Here’s The Scoop … Tricks Or Treats … Part 1 … New Titles/ New Terms/ New Correspondence For The Lauderdale-By-The-Sea Artificial Reef Project ….

FALL IS UPON US  …..

Dear Readers … the BCbythesea daughter is in Scotland doing research this week so baby duty has increased…thus no post yesterday… Here are some Fall updates as much is still happening behind the scenes in Town…and it will be posted as time allows…

First the BTSFuture monthly edition will be out today …look for yours…. A look on the Town website shows this … Town Clerk: June White, CMC…Town Clerk White is now a Certified Municipal Clerk… (This writer’s opinion…she’s still gotta go!) …. Later today the final budget /and hopefully the justification sheets will be posted on the Town website for the final budget meeting Mon. 9/27/10 at 6pm…They will show a 3.999 millage as promised by the this Comm. and kept… Also online will be the backup for the Tues. 9/28/10 7pm Reg. Comm. meeting…

The Commissioners as stated at the Roundtable Mon. night have all gone over the Town Manager’s contract to approve on the 28th and that too will be online …This time around the Comm. can assure their constituents a TM contract that has been seen and discussed…is transparent to all …no surprises …no fibs about the content or knowing /not knowing what is in it … Readers will be pleased…There is a term…3 years/ a salary of $160,000 …less than former TM Colon …less in benefits/pensions …no car/cell allowance… caps on leave accruals ….no sick leave accrual upon leaving …as well as a yearly performance review remaining in place and it will be adhered to… I am told just as we have seen since she walked through the door…Ms. Hoffmann has been a breath of fresh air during this process!…. Change is good!… Kudos to TM Hoffmann ….Mayor Minnet and the Commission for getting it right after we, the taxpayers…constituents had it so wrong with her predecessor… (prev. posts)…

The Int. Finance Director had some more bad news left over from the Colon-led Administration and out funds… At the last Comm. Mtg. he was asked about the term with SunTrust after he discussed the multiple funds that were in non-interest bearing accounts… He stated he though we had a year term… We have 3 years!…

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From: Finance Director
Sent: Thu 9/16/2010 1:08 PM
To: Roseann Minnet; Chris Vincent; Stuart Dodd; Birute Ann Clottey; Scot Sasser
Cc: Connie Hoffmann
Subject: SunTrust Bank Agreement
I need to correct my answer to last night’s question about the SunTrust agreement. After checking, it turns out that it is a 3 year agreement, effective September 1, 2009 and terminates 8/31/12. I’ve forwarded a copy to the town attorney to review our options and penalties if we decide to make a change sooner. I apologize for the misinformation. Please call, write or stop by if you have any questions.

Thanks again,

Doug Haag
Acting Finance Director
Town of Lauderdale-By-The-Sea
4501 Ocean Drive
Lauderdale-By-The-Sea, FL 33308

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The update on the Artificial Reef Project …  The Tatty. sent the letter she was directed by a 3-2 vote (Clottey/Vincent voted no) to sent to Dr. Goreau about the contract and the project …. She sent it on Sept. 17, 2010 and state the following…

“Dear Dr. Goreau:

Please refer to the Town’s letter dated September 1, 2010, formally advising you of your default in the above-defined Agreement and indicating the cure period of 20 days (ending  September 21),. The Town Commission discussed the status of this matter at its meeting on September 15. They indicated their unanimous desire to see this project succeed, developed a plan to sensure that success and directed me to communicate with you.

First, however, it is essential that you not deploy the artificial reef, as those terms are used in paragraph 10 of the Army Corps of Engineers permit, before we have executed an amended Agreement with you. Deployment triggers the 30-day clock on the Town’s obligation to monitor and report to the Corps on the project. The Town is the permit holder on this project but lacks the capacity to carry out that monitoring and reporting with its own staff. If the Town is unable to come to agreement with you, the Town Commission is concerned that it will be unable to comply with the permit requirements within 30 days and will end up in violation permit.

An amended Agreement is necessary to address the above-referenced default and other issues in order to protect the interests of both Global Coral Reef Alliance and the Town. While a drafted amended Agreement has already been shared with you, its terms are negotiable. The Town is of course willing to consider your suggestions, but we need to hear from you to be able to respond to those suggestions.

The Town Commission requests that you respond to this letter within fourteen days, indicating your willingness to proceed with negotiation of an amended Agreement, the Town will work together with you to develop a final draft and execute an amended Agreement within thirty days.

Alternatively, if we do not hear from you within fourteen days, we must insist that all work cease on the project until an amended Agreement is fully executed.

If you wish to pursue an amicable resolution of this matter please communicate with us immediately. Dr Goreau, the Town’s position is clear. We want to work with you to make this project a success. The Town has incurred time, effort, and legal fees in attempting to reach a positive solution, but your response and cooperation is necessary. 1. We look forward to your prompt response.

Sincerely,

Susan L. Trevarthen, Esq.

Town Attorney

1. Last week, we received notice that Cry of the Water intends to proceed with installation on September 24, which is outside of the cure period. In order to protect the Town’s interests, please be aware that applicable law requires both parties to mitigate damages in the event of default. Your performance of the existing Agreement without a revised agreement in place may simply increase your own expenses in this matter, and does not guarantee your receipt of the final payment from the Town.”

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Mayor Minnet received a letter from Dr. Goreau’s General Counsel on Sept. 17, 2010 (not sent to the Town Manager) at the Town Hall on the project along with a copy of some limited comments made at the 9/14/10 mtg. underling the portion that they should NOT proceed without the contract being addressed and a “trigger” of the Town’s obligation for monitoring ….

Attached was another big eye-opener …an attachment from 2008 that was not included in previous Town backup on the project for this Commission and never brought forward (to our knowledge) by GCRA or its representatives to this Commission/Administration …It’s part and parcel to this becoming the norm for this new administration to encounter as they figure out our town……They have had an ongoing problem in Town Hall with a lack of files or complete files … This attachment from Dec. 2008 was signed by former Asst. TM Olinzock… The minutes which were on the Town’s website below are also an eye-opener and another reason why newly certified Town Clerk White needs to be replaced asap!… She should have provided this information to the Administration/Commissioners …in their backup when this came on the agenda to deal with this year!…

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Dear Ms. Minnet :

When cost overruns arose for manufacturing of the 3 solar buoys for the project, we contacted the Town manager who sent us back correspondence stating “I would suggest that you either figure out how to modify the rest of your budget to compensate for the price increase on the buoys and still complete the project as you committed to, or raise additional funding from sources other than the Town to cover the cost overruns.” With the help and generosity of many residents and business owners from Lauderdale-By-The-Sea we raised the necessary additional funds in July of this year, and then built the 2 additional buoys that were needed to complete this project. This was done without any additional cost or overrun to the Town.

6 reef modules and 3 buoys have been completed.

Permit conditions for Pre-Deployment and Cargo Manifests form were submitted by us to FWC and USACOE  on September 7, 2010.

Permit conditions require pre-deployment notification (14 days prior notice) to the U.S. Army Corps of Engineers, NOAA, U.S. Coast Guard, National Marine Fisheries Service and State of Florida FWC. This notice was given by us on September 10, 2010.

The mooring contractor was contacted in August, 2010 with our estimated date to install the project. The mooring contractor advised us that due to the adverse weather conditions and rough seas his schedule was backed up and he would not be able to install the mooring anchors for the project until the last week of September, provided that weather conditions and seas are favorable.

The action that the Commission voted on and approved at the September 14, 2010 Town meeting ( a copy of which is attached hereto) stops us from taking steps to further complete the project, as permits for the project were issued based upon the Town’s representations that it would ensure proper maintenance of the project ( see attached copy of the Town’s December 2, 2008 correspondence). The Town provided assurances through the permitting process that would ensure project maintenance. Since the Town has rescinded and cancelled this commitment by means of  its September 14 actions, we cannot proceed with out plans to place the project in the water at the end of the  month.

We remain committed to placement of the project in the water, but this will require that the Town pass resolutions cancelling its September 14,2010 actions, and that it re-affirm to the permitting agencies its prior commitments.

Please feel free to contact me with any questions you may have. My telephone number is (xxx) xxx-xxxx and my email address isxxxxx

Very truly yours,

Global Reef Alliance

Richard C Ruschman, General Counsel”

cc: Thomas Goreau

Dan and Stephanie Clark”

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The portion of the 9/14/ 10 meeting GCRA Counsel included was the portion when Comm. Sasser asked for the letter to be sent concerning a new contract …… Counsel underlined this portion ….”GCRA should not proceed to take the final step that would trigger the Town’s obligation to monitor and maintain this project” …Again. what follows below was not included in the backup …. and never brought forward prior to this in the time (weeks) that Dr. Goreau was out of communication with the Town…(pleading he had no cell phone and was “in the field” in and out of the country )…or his local cadre of associates who were going ahead with the project and donation collections and did communicate with several Commissioners….on what the problems were with the funds…weather and the buoys…(prev. posts)…

……..

02 December 2008

Ms Jocelyn Karazsia

United States Department of Commerce

National Oceanic and Atmospheric Administration

400 North Congress Avenue, Suite 200

West Palm Beach, Fl. 33401

Re: Joint Application for Environmental Resource Permit:

File # 06-0126481-005

Dear Ms Karazsia:

At the 25 November 2008 Town Commission meeting, the Commission approved providing assurance, including financial assurance, for the maintenance and possible removal, of the proposed artificial reef structure, as recommended in the 12 September 2008 correspondence from Miles M. Croom, Habitat Conservative Division.

Please do not hesitate to contact my office should you need additional information or have any questions regarding this project.

Sincerely,

John El Olinzock

Assistant Town Manager

cc: Esther Colon, Town Manager

June White, Town Clerk

Dan Clark, Cry of the Water”

Attachments

Town Commission Agenda Item 15E

12 September 2008 NOAA Correspondence”

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OLD BUS. ITEM 15 E….
“Town Commission Meeting
November 25, 2008

e. Discussion and/or Action regarding
1. Provide assurance including financial assurance that the artificial
reef structure be maintained throughout its design life, and removal
of in a timely manner because of adverse effect on essential fish
habitat to NOAA National Marine Fisheries.

2. Approval of execution of USCG Private Aids to Navigation
application for Artificial Reef Project.( Assistant Manager
OlinzocklColon)
Manager Colon said that the State required assurances including financial
assurance that the reef structure would be maintained throughout its life
and removed in a timely manner if advised to by the National Marine
Fisheries She requested Commission approval for the execution of the
Private Aids application. Manager Colon advised that the cost to maintain
it was at least $80,000 and more if the structure needed to be removed.
Vice Mayor Mclntee and Commissioner Dodd agreed that money spent
would be worth it and it would not be as costly to remove the reef.
Vice Mayor Mclntee made a motion to move forward with the application
Commissioner Dodd seconded the motion.
Mayor Minnet understood that although she agreed that the Artificial Reef
project was a good project and a small project anything could happen and
the Town needed to be fiscally responsible. Commissioner Clottey thought
the reason for the project was very good and felt the Commission should
go ahead with it.
In a roll call vote the motion carried 5- 0”

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No copy of the Sept. 12, 2008 NOAA Correspondence is shown…no online backup at that time kept or archived online….

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A letter sent by GCRA associate ..Dan Clark sent to stop the permit process after the TAtty. letter was received above…A copy was sent to the Town…

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From: Cry of the Water [mailto: [email protected] ]
Sent: Sunday, September 19, 2010 12:44 PM
To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Cc: Connie Hoffmann; tom goreau; richard Ruschman
Subject: SAJ-2008-3001 (IP-LCK) update Notification of Planned Start Date

Linda

Please see attached letter from GCRA to the Town of Lauderdale-by-the-Sea.

At this time we will not be starting the build of the Lauderdale-by-the-Sea
Biorock Artificial Reef project on the planned date of September 24, 2010.

We will inform you of a new planned start date if and when the Town can re-affirm to the permitting agencies its prior commitments.

We will also notify the agencies of any changes that are needed to the Cargo Manifest and Pre-Deployment form.

Thank you
Dan Clark
Cry of the Water
P.O. Box 8143
Coral Springs, FL 33075
954-753-
www.cryofthewater.org

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BC- we have been informed that the counsel for GCRA and our LBTS Town Atty. have been in contact since the exchange…and we now will await what comes next… It is this writer’s opinion a great disservice was done due to the lack of communication on the part of GCRA and its associates in providing what they had in their possession ….as well as by Town staff in providing the new Administration and the Commission all of the relevant backup and history on this project…Hopefully that will be addressed and remedied going forward… on this project and any others we are and are not yet aware of …Unfortunately its a “given” there are more especially after finding scores of such gaps of important information MIA over the last 6 months since the former Administration was ousted!….

More to come….

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