TUG OF WAR….
Tuesday Feb. 10,2009… NEW TIME…6:30 pm……FOR COMMISSION MEETINGS…(decision made at 1st round table meeting )……Jarvis Hall…online….http://www.lauderdalebythesea-fl.gov/Comcast channel 78…public welcome…
Full Agenda Text…online…
ALERT….NEW RULES….At the first Commission Round Table the Commissioners decided that anyone can sign in for someone else …just state who you are …signing in for whom…
This was a result of the unconscionable actions taken by the Vice Mayor last month when he turned away a resident he “profiled” as Greek, after getting “tipped off” she was signed in for by one of the “Athena Boys”…and declaring she was there to “attack him”…Turned out this LBTS philanthropist, wrote a letter to the Commission after the incident, stating her disgust at the Vice Mayor’s actions and making it known, she had come to speak on a charity even that was upcoming. No word on an apology received from the VM….Thus after being “called”on the situation by his fellow Commissioners at this round table…the new rule was agreed to.
Also expect, if he is prepared to do so…the Town Attorney will speak before public comments on what is and is not a “personal attack”…both from the podium speakers and from the dais members…
If a Commission member decides they have been “personally attacked”…the Commission will vote on it before that member may reply to the speaker….
Podium speakers may address the Commission by their names…something that was allowed already…but suddenly in a collective “senior moment” …disregarded… The dais overturned the Vice Mayor instituted act enacted right after the election a few months back…OOPS!…Also after the Town Attorney speaks…the term “bully” will most likely be allowed…
Residents may speak on any item, making it known at public comments, but may not speak twice about it…except at for the Ordinances…and if someone in the hall has something important to add, of correct..a raise of the hand…and acknowledgment by the Commission may allow for a poll or a vote to allow the speaker to come forward….
Any audience member who has been maligned by a Commission member will have the opportunity to respond immediately after the Commissioner is done….perhaps a Commission vote will be required to assert if it was indeed an attack…
Other topics sent to the Town Attorney to address…which should be responded to, if he is prepared…public records and the VFD….Who may sit on Advisory Boards…and freedom of speech…perhaps more expanded information than the above mentioned…”personal attacks”….
Let the games begin………
10- Ordinance…
1. Ordinances 1st Reading…public comments…
a.- Ordinance 2009-15…The Tennis Courts…or Comm. Silverstone’s idea of “freedom of Speech”…(previous posts…scoops/ LBTS agenda/meetings categories)…whereby a group of “voters” got organized sent e-mails…and a video…and lucky to be facing a 2010 election…looming…along with the always impressive impact of filling the seats and the podium…were successful in maintaining the status quo …with our Town’s 2 tennis courts..with no non- residents allowed…and a raise in the fees from $53 to $100 annually…
b.- 2009-16 …Guess it takes a member of the dais for the Town to listen…case in point…this writer came to the podium 2 times during the prior discussions on the code/ Ordinance on Fire fees to ask that EMS be included in the “header” of each…to no avail…the 2nd attempt just brought forth a lame reply by the Town Manager that the fees were set by Broward…nothing to do with the intent of the “heads up” on EMS being buried in the fire fees…alas…Comm. Dodd persisted and the Town Attorney made the call that it would be appropriate for EMS to have it’s own Ordinance…here we are…along with a draft Resolution…2009-XX…
Draft Resolution 2009-XX…..standby fees and miscellaneous fee schedule
a. The Town Commission finds that the fees and changes set forth in the fee schedule are reasonable and necessary in light of the services provided.
b. Standby Rescue Service and Emergency Medical Service Fee:
(1) Standby rescue service when requested for special functions an events or required at the discretion of LBTS Fire Rescue in accordance with “the Florida Fire Prevention Code” and/or LBTS Ordinance.
(2) Minimum fee, per each certified FF-EMT or paramedic, per hour or fraction thereof, four (4) hour minimum fee may be required….$65.00
(3) Standby EMS services when requested for special functions an events or required at the discretion of LBTS Fire Rescue in accordance with “the Florida Fire Prevention Code” and/or LBTS Ordinance.
(4) EMS Unit: minimum of two (2) paramedics utilizing either a Fire Rescue/ EMS vehicle or EMS bikes.
a. minimum fee per unit, per hour or fraction thereof….$150.00
b. additional paramedic, per hour or fraction thereof….$65.00
c. additional EMS Unit, per hour or fraction thereof…$150.00
d. four (4) hour minimum fee may be required.
e. Fees to include necessary treatment and/or medication rendered by the EMS Unit. Ambulance transport is not provided.
f. LBTS Fire Rescue may refuse to provide said service if request for same is untimely: full payment has not been made in advance; or said service will interfere with regular or emergency operations.
g. Only “off duty” fire rescue apparatus and fire rescue personnel shall be made available for such service unless ortherwise approved by an authorized representative of LBTS Fire Rescue.
h. Said services shall be requested in advance, in writing , to LBTS Fire Rescue.
c. Fees for Fire Rescue Apparatus Requested for other miscellaneous Functions:
(1) Minimum fee per apparatus, per hour or fraction thereof, includes one (1) fire rescue person …$150.00
(2) Additional fire rescue personnel, per person, per hour or fraction thereof….$75.00
(3) Four(4) hour minimum fee may be required.
Emergency Medical Transportation Service Fee Schedule
a. The Town of LBTS Commissioners find the fees and changes set forth in the fee schedule are reasonable and necessary in light of the services provided.
b. Emergency Medical Transportation Fees. The fees charged for the provision of ambulance transportation services shall be as follows:
1. Basic Rates;
(a) Basic Life Support (BLS)…$450.00
(b) Advanced Life Support, Level 1 (ALS1)….$460.00
(c) Advanced Life Support, Level 2 ( ALS2)…$575.00
2. Medical Supplies and Equipment:
(a) Intravenous Solutions….$30.00
(B) Cervical Collar….$25.00
(c) Backboard….$25.00
(d) Oxygen Therapy….$27.00
3. Mileage (per rounded mile)….$8.00
c. Air Rescue Transportation Service Fees. The fees charged for the provision of air rescue transportation service shall be as follows:
1. Base rate….$450.00
2. Fee per mile traveled to medical facility once patient is loaded on air rescue unit ….$70.00
BC- is this Resolution including LBTS Fire Rescue…standby fees for events…etc?….
ALERT…2nd Reading on Ordinances will now be 1 month after the 1st Readings…thus those expected on this agenda…will be on the next one…
11.- Commissioner Comments…will the “2-hats” VM spend his time as the VFD Deputy Chief regaling in the recent 2/3/09 “working fire” in the north end of town?…While the fire may have been handled correctly, the “report” sent to the Manager/Commissioners…thus far is incomplete…(previous posts…scoops/VFD categories)…with no mention of the injuries of the 3 firefighters…time of arrival of the trucks…the role the VM played…inside commander or nozzle man….were the firefighters all certified that entered the building…time in …time out…2 in…2 out…and with the purported offer of mutual aid…who tuned it down the Chief or the Deputy Chief?…Were the mutual aid department..told no…or standby…due to the report’s own assertion that this fire could have been catastrophic?…
Also, previously posted in the “report” was a dollar amount…$5000.00 in damage to the unit/ $20,000.00 to the building…where did those figures come from…the State Fire Marshall …How ere they known within24 hours of the incident?…
For readers unhappy with the questions…remember and take a look back at the regular questioning in prior years of BSO by the VM/Deputy Chief…it should not matter who is or provider all questions should be addressed….and answered….
12.- Consent Agenda
a.- A wedding …the Cole wedding…NO RELATION…this writer making that known so no bias is seen on the dais…thinking there might be soome connection…
Paul Cole wedding on the beach …4-6 pm 4/11/09…100 in attendance….resident of Tamarac…
b LBTS-Chamber Craft Fair…March14 & 15,2009…Port-a-potties…required…7 for women…40 per/4 for men…75 per….duration 3/14/09-3/15/09
BC…heads up to the event…expect some discussion from the dais on the “breakdown”…which didn’t go too well the last time…
13.- Resolutions…public comments…
BC-Having the Resolutions separate will make it easier for the Commission to change the fees in the future…without changing the Ordinances….
a. 2009-04…cutting the Fire Fees…10%….replaces previous Resolution #2008-27…
BC-One glaring disparity…on the (2)….Existing Residential multi-family yearly fire inspections…
A. Multi-family…(3-12 units)…$72.00…the cost for the 3 unit owner…. $24.00 per unit per year…
G. Multi-family (150-200 units)…$360.00..the cost for the 200 units….$1.80 per unit per year….
HMMMM………..
For the rest of the fees…and boy are there fees…up the wazoo….$$$$$$$…visit Town Hall……..
b. Resolution 2009-05….Fees for Parking Meters….
Exhibit A …
A…For use in any Town meter except beach
B…Designate 15 existing resident spots to beach parking only
C….Annual Permit for El Mar or Bougainvilla Parking Lot
ANNUAL PERMITS…
A. Employee…$200.00/ Resident…$50.00/ Outstate…$300.00/ Senior…$27.50/ Hardship….$ 100.00
B. Beach…$15.00
C. ElMar Drive/ Bougainvilla Drive….$300.00
Beach Hourly Meter Rate….$1.25
Townwide Hourly Meter Rates…
Town Hall/ El Prado Lot/Beach District El Mar Lot/ Bougainvilla Lot-$1.00
Bougainvilla Drive-0.50/Commercial Blvd.- 0.25
15. Old Business…
ALERT….return of tabled Vice Mayor item from Sept. 12,2008…to put forth a Referendum to make it impossible to replace the VFD without a vote of the people!…
As previously posted…this one is loser……no taxpayer wants to be unable to replace a contracted company…and at the time prior to the contract being enacted…. no one including this writer thought anyone running in any upcoming elections on a platform to remove the VFD would be crazy to do so…… such an act would surely be “political suicide”…BUT ….fast forward….with what has happened in the months since the October 1st takeover…with the Vice Mayor…anything can happen…So this Referendum may be an “insurance policy” for him to hold onto after a loss at the polls if he chooses to run for another 2-4 year term…(Mayor/Commissioner) and loses re-election…a likely scenario at this time…with his antics…
a. Discussion and/or action…City of Cape Canaveral referred to by the Vice Mayor….in the backup…it is their Ordinance #43-85…(microfilmed in 1987)…
‘An Ordinance of the City of Cape Canaveral requiring that the council shall pass no ordinance, resolution, or motion obligation or authorizing the city to establish or operate a fire department, or to build or require a fire station, or to contract for fire protection services with any person, governmental entity or corporation other than the Cape Canaveral Volunteer Fire Department, Inc. Without such a plan or proposal having been first approved by a majority vote of the qualified electors of the city of the city voting in a general election or one held for this purpose. Nothing herein shall prevent the City or Cape Canaveral Volunteer Fire Department,Inc. from entering into a mutual aid agreement with any municipality, Brevard County or any private or federal agency for the purpose of supplementing the fire protection services provided by the Cape Canaveral Volunteer Fire Department, Inc.
Further providing that any action previously taken by resolution, motion, or otherwise to establish or operate a fire department or build or acquire a fire station shall be terminated or stayed until brought into compliance with this section.’
BC- let’s get this straight …if we follow Cape Canaveral…the voters would be able to vote in or out the VFD…and would also be voting on a new fire station…will the second part be included in the Vice Mayor’s referendum?….Many wish the vote for the Public Safety Complex …had come before the voters…before the $2 million dollar purchase of an old hotel…
‘This ordinance failed on 1st reading on 9/17.1985…and was placed on the ballot as a referendum question. It was subsequently adopted by the voters at the General Election held on 11/5/1985’Attached also…an Emergency Ordinance #85-1….Dated 11/5/1985… signed by the Mayor and Clerk 11/7/1985
‘ An emergency ordinance providing for fire protection services; providing an effective date
Whereas, the City Council of the City of Cape Canaveral, Florida, finds that a state of emergency exists in the provision of fire protection services to the citizens; and
Whereas, the City Council desires to maintain the level of fire protection services afforded the City Of Cape Canaveral as of Nov. 4,1985;
Now, Therefore, Be It Ordained, by the City Council of the City of Cape Canaveral, Florida, as follows:
Section1. The City Council is empowered to provide fire protection services in the same manner and degree as it did on November 4,1985.
Section 2. The City Council is empowered to operate a fire department, to contract for fire protection services and to maintain personnel and firefighting facilities and equipment as deemed necessary by the city council.
Section3. This ordinance shall take effect immediately upon adoption.
Adopted by the City council of the City of Cape Canaveral, Florida this 5th day of November ,1985. signed by the Mayor attested by the Clerk… passed 5-0…by the City Council.’
BC- so the City Council …passed an Emergency Ordinance…that if there was a “state of emergency” they had the right as a council to act as they did before the 11/5/1985 vote…Will that part be included in the referendum…or will the LBTS Commission need to follow Cape Canaveral Council on the chance this passes?….
b. Discussion and/ or action Valet Parking for 101 Ocean and Village Grille…Vice Mayor McIntee…tabled from 1/27/09….
Backup material supplied by staff…Town Ordinance 2007-10…Off-Site Parking…
1st Reading on 9/11/2007…Ordinance …
‘An ordinance of the Town Commission of the Town of Lauderdale By The Sea Florida, amending section 24-5-155 “parking other than on-site location” to set forth conditions for when off- site parking is allowed,; providing for conflicts, severability, codification and an effective date (Atty. Cherof)
The Atty. read the ordinance by title only…VM Yanni made a motion to approve…2nd Mayor Pro Tem Clark…Comm. Silverstone asked for clarification on whether an individual who opened a restaurant and did not have parking on the property would that business owner not be able to lease parking space….Atty Cherof believed that property could be leased off-site to satisfy the minimum parking requirement. He referred to line 35, page 1 of 2 and indicated that would prohibit someone from opening up without sufficient parking and arranging for that parking by lease….Mayor Parker felt there was a discrepancy in the next sentence on line 35, page 1 of 2. He thought it contradicted the previous sentence and should be removed. Atty Cherof agreed there was a discrepancy…Parker made a motion to amend the ordinance on 1st reading…to strike that sentence…Yanni 2nd it…Atty Cheroff asked what the minimum term of the lease was and how the Commission intended to enforce it. Parker said they would get new spaces or get shut down…Parker amended the motion added within 90 days Yanni accepted the amendment…Planner Keller stated that parking for business had to be located in the business district and not residential area…Comm Silverstone was concerned that if people were leasing to multiple people there would be a problem…Atty. Cherof said a provision could be added that the spacing be leased exclusively to businesses that need it….Silverstone asked to redraft the ordinance …Atty Cherof said it could be amended…a roll call vote…on the 1st amendment..passed 5-0….Parker believed the ordinance should specify that the lots used should be located in business lots or RM-25 lot adjacent to the business lot…Parker 2nd motion to amend it with this …Comm McIntee 2nd…passed 5-0….Parker made a 3rd motion that if more than 600 feet away would come before the Commission…motion lacked a 2nd….Parker made a motion to add clause that nothing in the ordinance authorized commercial parking not run by Town of LBTS….motion dies for lack of a 2nd…roll call vote…2007-10 passed 5-0…
2nd Reading Ordinance 2007-10 …9/25/2007…changes were read by Atty. Cherof…opened to public…no speakers…VM Yanni made motion to adopt…Mayor Pro Tem Clark 2nd…Comm. Silverstone was concerned about that negative impacts may arise and asked for assurance…Planner Keller/Manager Colon said there were no concerns….Atty. Cherof said Ord. 2007-10 conformed with the policy that the Comm. directed, to allow additional parking spaces as long as they conform with zoning…roll call vote passes 5-0…
BC- so now where will the 2 restaurants park…and how will valet be operated on El Mar Drive without impacting a backup problem?….
c. Discussion and/or action waste management…Comm. Dodd ..asked for this to be put on to see about other vendors…
16. New Business…
a. Leisure Towers FP &L Easement request…Mayor Minnet….YIKES!
BC- a look at the backup…HOLY SMOKES…it started in 2003 with FPL wanting an easement from the condo for the underground utilities being buried along A1A…letters ensued back and forth between the condo…their Attorneys Becker and Polialkoff (highly regarded firm)…and the Town…(2 Town Managers/2 Assistant Managers/ 2 Municipal Works/ 1 Town Engineer/ several commissioners)…between 2003-2009…with discussions of a holdup in 2005…charges of the Town holding it up because the Town sent letters asking for beach access…which the condo turned down…
On March 18,2003 Leisure Towers received a letter from then- Assist. Manger Laura Ward…advising that THE TOWN IS COMMITTED to restoring the condo’s property due to the granting of the easements….specifically the project will include 1..construction of a new paved area in the NE corner of your property to compensate for the loss of parking spaces…provide curbing, fencing , a gate, FENCING,a gate, reinforcement of existing lift station and valve pit covers, wheel stops, relocation of palm trees, landscape hedges along east side of THE NEW FENCE….Assist. manger Laura Ward…
On March 15,2008…Leisure Towers still trying to get their fence paid for sent a copy of the above letter to the Town…and received a letter from Assistant TO the Town Manager John Olinzock…on April 16,2008…stating that he had read the letter the correspondence did not include any “acceptance by the Leisure Towers Association nor Commission approval”…that the funds needed to be presented at a public meeting and approved by the majority vote in the Commission..
May 5,2008…the Manager from Leisure Towers responded in disbelief from the Board…informing Olinzock to take a look at the 3/18/03 letter where it states the Town is committed to restoring the property….and further referenced a Feb 8,2005 meeting with then -Atty Cherof , Kevin Hart (then-Town engineer)…and the matter then went to the condo’s Attorneys…with a letter following on May 14,2008…
Also in the backup…emails between the Town manager/Assist. Olinzock/Town Atty. Abbott…resulting in the Town reiterating the Olinzock letter of April 2008…digging their heels in and awaiting a lawsuit….from Leisure Towers…
Now it is on the agenda…we spent time and money with our Town attorney on this…..NOTE…to all who are being asked for an easement for the North/South entryways….WATCH OUT!…
This should be passed …pay the $3983.00 and seriously look into the actions of the Town Administration…
b. Discussion and /or action referendum on the ballot…Heights…Vice Mayor McIntee…in the backup…1998/2006 referendums Ordinance 399…Ordinance 2005-20…see previous posts scoops categories on heights…..check town site for Muni-codes…
c. Garden Court Discussion and/or action rescinding donation of land back to the Town Vice Mayor McIntee…this is the Cul-de-Sac…from May 22, 2007…June 26,2007…July 10,2007…the land is to revert back…in 36 months…from that time if no building done…in 2010….
NOTE…Comm. McIntee was on the losing side of this vote…so again unless the Town Atty. said otherwise…he should not have been allowed to put his on the agenda…
BC-ALERT…The best part of looking at the 2007 minutes….the endless Silverstone/McIntee questions of the BSO Fire Department…making their “cries of foul play” with questions being asked of the VFD…just too funny…check them out online…(May 22,2007…is a good one)….
d/e…Discussion and/or action for Seagrape Drive repaving extension/North Tradewinds…resurfacing…Comm. Dodd…
BC- question on the North Tradewinds…since Comm. Dodd was on the losing side …Manager was to check with Atty. on ruling to include….
Questions have arisen by concerned citizens with these 2 additions…and the expense…including Seagrape diverting downspouts…lower cost ..drainage not required…and N. Tradwinds appears to have lines left not from Tenex…but a car or truck …and those lines continue on Tradewinds…along with the 2009-10 budget for repaving the north end of town…and this being a non- bid job…
f. Discussion and /or action concerning adoption of Miami-Dade ethics ordinance ..the “2-hats” for referendum…Comm. Dodd….with backup including the ordinance …
Note….Comm. Dodd checked off for Town Atty. review…none shown in backup….tabled by the Vice Mayor…to be brought back….by Comm. Dodd…again…
g. Discussion and / or action Oriana North side alley…Vice Mayor McIntee…in the backup…the agreement with Oriana…also asked for Town Atty. review…none included…it will be up to the Town Atty. and/or a 2nd opinion by the “Athena Boys” atty. to see if the Town can change it…the designation back…
BC-Look for the swing-vote if it comes to that…if this is even allowed …being put on by McIntee…
h. Clean Energy day- Discussion and/or action Town sponsored event solar products /systems…Comm. Clottey…being green?…
i. Parking permits for Nova….3/1/09-2/28/10….for the Turtle people…Clerk White…
17. Town Atty. Report…if he has not done so already…hopefully all the items directed by the Commission at the 2nd round table will be answered…
adjourned….
overview after the meeting….
BC- again the Vice mayor was on the losing side of this vote…unless otherwise advised by the Town Atty. …he can not bring it back….
Tags: LBTS Agendas/Meetings, Local Politics, Scoops
