Search and Categories

Here’s The Scoop…5/13/09 LBTS Workshop…MC-Steamrolled Into A Special Election $$$$$…Previous BCbythesea Posts ….Backup…

LBTS IS ABOUT TO BE MC-STEAMROLLED INTO A $$$$$ NOVEMBER SPECIAL ELECTION….

Dear Readers…below is what will be on the Wed. May 13,2009 Referendum Workshop….7 pm Jarvis Hall …public welcome on Comcast Channel 78/ online Town website...http://www.lauderdalebythesea-fl.gov/ …included is the link to the website workshop backup materials…some previous BCbythesea posts…and muni-code sites of towns used for reference to copy the proposed  referendums…

Unfortunately the voters are going to hear a whole lot of “revisionist” history on the 33 feet height limit…while not being told the FACTS that the City of Cape Canaveral is a primarily a Professional Fire Dept. with few VFD members…So to compare LBTS-VFD with them is absurd…especially with the current leadership in place!…

BCbythesea …previous post…

FROM 2/10/09….OLD BUSINESS AGENDA ITEM 15 a…….

Discussion and/or action pertaining to referendum ie: City of Cape Canaveral…VM McIntee …(previous post full text …LBTS agenda/meetings…agenda 2/10/09)….

VM-” I want to call for a workshop in May ah, so we can discuss this because of the potential referendum”…he also made reference to New Bus. item 16 b. for heights to be a May workshop for referendum also…”…to kill two birds with one stone….”….

The Mayor looked at the calendar…and Comm. Silverstone wanted to make sure the  purchase Capital “sales” was included…

BC- ALERT- this 3rd referendum should include both the purchase of and the selling of property above a certain dollar figure requiring a vote of the people….

More discussion ensued about the time line for the Supervisor of Elections…the Town Manager believed it was August for a Nov. election…

BC- remember a special election will cost approx. $13 thousand dollars….

Comm. Dodd- ” On this particular item I would like to make a motion at this time to table, and I mean table it indefinitely as opposed to a date certain. If the VFD and their leadership are doing the job correctly there is absolutely no fear that any member of this dais would want to commit political suicide by trying to get rid of the VFD. If the VFD fall down on the job or their leadership starts behaving unprofessionally, cutting corners, disobeying the laws, SOPs to the extent of jeopardizing  the safety and welfare of the men under their command, I want this Commission to have the power to do something about immediately.”

CD- ” Public safety can not wait for a municipality to argue over the wording of a referendum.”

CD-” We are entrusted to do a job and this is one occasion where we don’t need a referendum to help us.’

CD-” My motion on this particular item is to table indefinitely and I’m going to ask if anyone would like to second it? We don’t need this folks, I’m afraid this is not a referendum issue. We here should be entrusted with public safety. Cape Canaveral made an immediate change of motion that the Commission could take the power back because of the realization that this referendum was the wrong way to go and I believe I don’t want to make the same mistake and I think the VFD have the full support of this said if they’re doing their job right and if they’re not doing their job right we need the immediate power to be able to do something about it. It’s not an issue where you go and start arguing about the wording on a referendum to go to the people on something . We’re entrusted with public safety and this is one issue that has to remain on this dais.”

Comm. Dodd asked for a 2nd…received none…motion died for lack of that 2nd…

Comm. Clottey- ” I did not disagree with anything you said Commissioner Dodd”…BUT…said “the Commission should have the power in an emergency to withdraw and say somebody else needs to come  because somebody’s not doing a good job.”…She thought  if the referendum was written properly that this could be retained by the Commission….she didn’t believe anybody would want a fire department that couldn’t do the job properly…continuing on with how to “frame” the referendum with “If you’re not doing something right within a certain amount of time such and such will happen.”…She said this  ( referendum) is something a lot of people are asking for, so she has no problem going for it, but it’s all in the wording , how it’s done and believes that will be put in …(referencing the Cape Canaveral State of Emergency Ord. done by the City Council on the same day the referendum passed…see 2/10/09 agenda for text)…

The Mayor wanted the VM to make a motion…but he wanted to speak first…

VM-” I would, but I also want to discuss something. First of all this referendum will be decided by this dais on what it will say and there’s five pretty smart people up here who’ll be able to put in writing in referendum form and the first thing will be paramount in y mind is to make sure the safety of the Town is number one and if that means instant control to the dais if there’s a major problem it should happen that way. But  it all goes back to you the people. This will be your decision. You can vote this down or vote it up. Nobody is forcing anybody to do anything, we simply PREVENT (Freudian slip VM?)…present you a proposal for the, whatever the referendum will say, we’ll put safety clause in it. I’m sure and then you’ll make the decision not us, you. And that’s one of the weaknesses that has happened on this dais in the past. The dais made a lot of decisions that weren’t the will of the people and this on the will of the people will ring out because you’ll be voting on it. And I agree with Commissioner Clottey, she’s not gonna let this fly by without there being safety clauses in there, nor am I, nor will Commissioner Dodd, nor will the Mayor or Jimmy.But it will be your decision if you want to protect the VFD or not. Not ours, we’ll just give you a presentation. So that’s my point now, I’ll yield to Jimmy.”

Comm. Silverstone-” The issue came up with political suicide that’s happened before and I can see it happening again. Maybe not with this Commission but a future agenda, a future Commission could bring this up and terminate the volunteers.It could happen, it happened before. Um, it doesn’t prevent safety clauses from being inserted in this but give the rights to people out there.That’s one of the reasons I got elected I think  Vice Mayor, Mayor McIntee also got elected on the viewpoint that people in this town are very ah, very close to the VFD, but again public safety has to be paramount that, that cannot be put aside. But it, there is a way to create a referendum that will answer both questions, both issues but I think it’s important to put it out there as a referendum to get people involved because last time this happened the people weren’t involved and a riot almost broke out and I think we should do almost everything we can to listen to the will of the people and that’s the only true way of doing that. And that’s all I have.”

The Mayor said no motion was required for a workshop…some dates were thrown around for early to late May…Comm. Dodd thought earlier  in April to see what the language was…the Mayor threw in the option of waiting until March 2010…the VM…not listening said a special election could be called……as he and his “2-Hat” BFF Comm. Silverstone both said this was a very important issue that “deserves it’s own time!”…..

BC- MAY 13,2009 WORKSHOP AGENDA…..

1.    CALL TO ORDER, MAYOR ROSEANN MINNET

2.    PLEDGE OF ALLEGIANCE TO THE FLAG

3.    ITEMS OF DISCUSSION:

a.    Fire

BC- backup supplied…online..http://www.lauderdalebythesea-fl.gov/town/workshopbackup2009.htm

i.    Re: City of Cape Canaveral Referendum (Vice Mayor McIntee – February 10, 2009)

ii.    Ordinance 2008-17: An Ordinance of the Town of Lauderdale-By-The-Sea, Florida amending the Town Charter to require the Town to contract with Lauderdale-By-The-Sea Volunteer Fire Department, Inc., for the provision of fire protection services within the Town; requiring referendum approval or s four-fifths vote of the Town Commission for any entity other than  Lauderdale-By-The-Sea Volunteer Fire Department, Inc. to provide primary fire Protection services in the Town; providing for conflicts with other provisions of the Town Charter; calling for a referendum election;  providing for the form of the ballot; providing for conflicts, severability, codification and an effective date (Vice Mayor McIntee – November 10, 2008)

BCbythesea… previous post…..excerpts…

TO REPLACE (VFD) CONTRACT WITH ORDINANCE….

BC- VFD contract goes to Sept. 30, 2013…

City of Cape Canaveral muni-codes…Is this what LBTS wants?……

1-Type in Volunteer Fire Department….

‘ARTICLE XIV.  FIRE DEPARTMENT

Sec. 1.  Authorization of fire department.
Editor’s note: This section has been editorially transferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). This section is section 38-56 in the Code of Ordinances.

Sec. 2.  Volunteer fire department.
Editor’s note: This section has been editorially transferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). This section is section 38-57 in the Code of Ordinances.

Sec. 3.  Duties of fire chief.
Editor’s note: This section has been editorially transferred to the Code of Ordinances as certain provisions of a Charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166.021(5). This section is section 38-58 in the Code of Ordinances.

[Sec. 4.  Fire protection services.]
The council shall pass no ordinance, resolution, or motion obligating or authorizing the City to establish or operate a Fire Department, or to build or acquire 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 plan or proposal having been first approved by a majority vote of the qualified electors 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 to build or acquire a Fire Station shall be terminated or stayed until brought into compliance with this Section.
(Added by election, 11-5-85)’

2- replace Volunteer Fire Department with fire safety…

Sec. 38-56.  Fire protection services; emergency medical services.

The city shall contract with the Cape Canaveral Volunteer Fire Department, Inc., for the provision of fire protection and emergency medical services within the city, unless otherwise provided in accordance with the City Charter. The city may however, enter into mutual aid agreements with any municipality, Brevard County, or private or federal agency for the purpose of supplementing the fire protection services provided by the Cape Canaveral Volunteer Fire Department, Inc.
(Ord. No. 15-2003, § 2, 6-3-03)
Sec. 38-57.  Volunteer fire department.
The city may support and assist the Cape Canaveral Volunteer Fire Department, Inc. Such support and assistance shall be defined and provided for within the contract for services, as may be amended, between the city and the Cape Canaveral Volunteer Fire Department, Inc.
(Laws of Fla., ch. 63-1197, art. XIV, § 2; Ord. No. 15-2003, § 2, 6-3-03)
Sec. 38-58.  Duties of fire chief.

(a)   It shall be the duty of the fire chief to:
(1)   Attend such meetings of the city council as required by the city council;
(2)   Aid in the enforcement of all applicable laws and city ordinances relating to the prevention and extinguishment of fires and the protection of life and property within the limits of the city and execute all papers and processes of the city or its authorities relating thereto; and
(3)   Perform such other duties as may be lawfully required by law or lawfully assigned by the city council or city manager.
(b)   The Cape Canaveral Volunteer Fire Department, Inc., shall appoint a lawfully qualified individual to serve as fire chief who shall have and exercise control over the fire department.
(Laws of Fla., ch. 63-1197, art. XIV, § 3; Ord. No. 15-2003, § 2, 6-3-03)
Secs. 38-59–38-80.  Reserved.’

http://www.municode.com/Resources/gateway.asp?pid=12642&sid=9

BC-The way I see it…Cape Canaveral has a Professional/Volunteer Fire Dept VS…LBTS all volunteer…We have seen an increase month by month with major secrecy …..VFD Bylaws being disregarded…response time being “‘fudged”…and a “VFD Sub-Chief”…who is rally an uninformed “front man”for the Deputy Chief…who makes purchases…gets quotes…and we hear holds onto the VFD credit card which is at odds with the statements made to the Fl. Ethics Commission…….VFD  meetings are now closed , despite the opposite open to the public policy touted  prior…(still awaiting VFD Atty. info to verify)…Cape Canaveral’s BOD is open to the public…Being one of those who “almost rioted” …it would not happen again for this writer….as it was due to the CIC- McIntee spin…not knowing what he was doing at the time …to cause the final termination…per Marc Furth…and others…The reason to fear “political suicide” could be back to the table…when it seemed an impossibility just a year ago with the major Commission upset?…All roads lead back to….Vice Mayor/Deputy Chief McIntee…once again making the demise of the VFD a real possibility of winning ticket for a candidate…….by offering up a professional Fire Chief…and strict oversight …which if not followed could lead to a termination….The wording on a referendum…any of these referendums being done right….minuscule in this writer’s opinion after watching ordinances……codes and such over the past year….along with those who could guarantee the Town gets them right…being tossed out!…And finally no private corporation should ever be in the position to hold a town hostage with such a “deal”….. If that’s the case…then be fair and add ……AMR…Waste Management….and Comcast……and all other Town contracted corporations to the referendum…..For this voter…spending $13 thousand….on this referendum item….for this VFD controlled by McIntee…YUCK!….

more to come…….

http://www.ccvfd.org/

BC-Since this Feb. post…we have continued to see the VFD and acts that question how it is being run…The recent P.R. Press over the hyperbaric chamber…Incident Reports showing differences between P.R. “spin” and actual responses…written days after the incident with many inaccuracies…The VFD Sea Doo lack of viable training being required…Booster Club Funds used for P.R. politically in one local newspaper…Purchasing involvement being done by the Deputy Chief in what appears to be a violation of his assertions to the Fl. Ethics Commission in his Dec. 2008 letter sent before usurping the VFD by-laws and taking on his Dep. Chief position ….And the  BIG ONE….that should put the brakes on this referendum…the recent  release of ISO report of the VFD that clearly shows there is a major problem with the training in the VFD led by none other than  “2-Hats” Commissioner/Deputy Chief McIntee who is the originator of this referendum!…Wake up voters…wake up!…(ISO report previous post…scoops cat.)

b.    Height

BC- backup supplied…online..http://www.lauderdalebythesea-fl.gov/town/workshopbackup2009.htm

From previous BCbythesea post…

BC….From The Town Website...http://www.municode.com/resources/gateway.asp?pid=14431&sid=9

PAY ATTENTION TO…Sec. 7.1….(a)(b)(c)…./PARAGRAPH 8 & 9….

ARTICLE VII.  PLANNING AND ZONING

Sec. 7.1.  Maximum height for buildings established; referendum vote required for increases in zoned residential-district height limits.
(1)   No building within the jurisdictional boundaries of the Town, as they existed on March 20, 2006, shall have more than four (4) stories above grade, and the maximum height of buildings within the Town that have four (4) stories above grade shall be forty-four (44) feet above grade, as defined in the Florida Building Code, or above a horizontal plane eighteen inches above the crown of the roadway at the highest point adjoining the property on which the building is located, whichever of those two levels is higher. The maximum height for all other buildings within the Town shall be thirty-three (33) feet
(a)   Above grade, as defined in the Florida Building Code, or
(b)   Above a horizontal plane eighteen inches above the crown if the roadway at the highest point adjoining the property on which the building is located, or
(c)   Above the minimum elevation for a habitable, finished floor permitted under applicable federal or Florida state regulations,
Whichever of those three levels is highest. Height shall be measured from the applicable base level specified above to the highest point on a flat roof, or to the median elevation between the peak of a sloped roof and the lowest edge of the sloped roof. In accordance with the Florida Building Code, bulkheads and penthouses used solely to enclose stairways, tanks, elevator machinery or shafts or ventilation or air conditioning apparatus shall not be included in determining building height; all other roofs structures, including parapet walls, shall not exceed four feet in height above the maximum allowed building height.
(2)   In any building within the Town that has more than three (3) stories above grade, the first story shall be at grade level and shall be used for parking, either with or without toll collection booths. The first story may also be used for storage, refuse, security, registration, maintenance, and/or access, either with or without a lobby, provided that at least one-half ( 1/2) of the square footage of the first story is used for parking. Only within districts of the Town zoned for business (“B”) use, the first story of buildings having more than three (3) stories above grade may also be devoted to non-residential commercial uses, provided that dedicated parking required by Town ordinance or code for the proposed buildings is provided off-street at a location on or adjacent to the property on which the buildings are situate, and designed so as to enable the parked vehicles to egress the parking space without having to back out into traffic. In any building within the Town that has more than three (3) stories above grade, the first story shall be restricted to the above enumerated uses, and may be used for no other purpose whatsoever. For the purposes of this provision of the Charter, a story is at grade level if its floor is at or below grade and its ceiling is above grade; a story that is at grade level is also above grade. Nothing in this paragraph shall be construed so as to prohibit any building within the Town that has more than three (3) stories above grade from also having one (1) or more subterranean stories below grade, provided, however, that in any building within the Town that has more than three (3) stories above grade, all subterranean stories shall be subject to the same restrictions on use as are established in this paragraph for the first story.
(3)   Buildings which exceed thirty three (33) feet above grade, and which exceed thirty three (33) feet above the horizontal plane eighteen inches above the crown of the roadway at the highest point adjoining the property on which the building is located, but which are nevertheless allowed under subparagraph (1)(c) of this Section, and which do not include a non-habitable first floor with ample parking as required by Town ordinance or code, in accordance with the number and type of units in those buildings, must have dedicated off-street parking at a location on or adjacent to the property on which the buildings are situate. Parking for buildings in this category must be designed so as to enable the parked vehicles to egress the parking space without having to back out into traffic.
(4)   All existing buildings within the Town that were legally in compliance with existing height and use restrictions on March 20, 2006, or were grandfathered on that date, but that either exceed the maximum building height limit established in paragraph (1), above, of this section of the Charter, or that fail to comply, where applicable, with the restrictions on use established in paragraph (2), above, of this section of the Charter, (hereinafter referred to as “Non-conforming Buildings”) shall be considered legal, but non-conforming.
(5)   Notwithstanding the maximum building height limit established in paragraph (1), above, of this section of the Charter, an existing non-conforming building may be replaced by a new nonconforming building when, and only when:
(a)   The existing non-conforming building has:
(i)   Been destroyed by fire, natural disaster, or other act of God; and
(ii)   The property owner has submitted and received Town approval of a site plan depicting the replacement building; and
(iii)   Construction of the replacement building is commenced within twelve (12) months of the date of destruction; or
(b)   The existing non-conforming building is:
(i)   Demolished as part of a Town approved redevelopment of the property; and
(ii)   Prior to demolition, the property owner has submitted and received Town approval of a site plan depicting the replacement building; and
(iii)   Construction of the replacement building is commenced within six (6) months of the date of site plan approval.
(c)   The Town Commission may grant one (1) or more six (6) month extensions to the time periods for commencement of construction established in paragraphs (5)(a)(iii) and (5)(b)(iii), above, provided a written request for extension is filed with the Town Clerk prior to (in the case of a first request for extension) the expiration of the initial applicable time period for commencement of construction or prior to (in the case of a subsequent request for extension) the expiration of the most recent extension of the applicable time period for commencement of construction.
(d)   All new non-conforming buildings constructed pursuant to the provisions of either paragraph (5)(a) or (5)(b), above, shall comply, where applicable, with the restrictions on use established in paragraph (2), above, and the provisions for parking availability established in paragraph (3), above, of this section of the Charter.
(e)   The maximum allowable height of any new non-conforming building constructed pursuant to the provisions of either paragraph (5)(a) or (5)(b), above, shall not exceed the original height of the non-conforming building which it replaces, plus any additional height which (because of the requirements of state or federal law, or because of the restrictions on use established in paragraph (2), above, of this section of the charter) may be necessary to obtain the same number of habitable stories as was contained in the original non-conforming building. Nothing in this section of the Charter shall be construed to prevent a new non-conforming building from being constructed to a lesser height or from containing fewer habitable stories than that of the original non-conforming building which it replaces. For the purposes of this provision of the Charter, the term “habitable story” means any story or part thereof that is used as a home or place of abode, either permanent or temporary, by one (1) or more persons.
(f)   The maximum allowable square footage of any new nonconforming building constructed pursuant to the provisions of either paragraph (5)(a) or (5)(b), above, shall not exceed the original square footage of the non-conforming building which it replaces, plus any additional square footage which (because of the requirements of state or federal law, or because of the restrictions on use established in paragraph (2), above, of this section of the Charter) may be necessary to obtain the same number of habitable square feet as was contained in the original non-conforming building. Nothing in this section of the Charter shall be construed to prevent a new nonconforming building from being constructed either with less total square footage or with less habitable square footage than that of the original non-conforming building which it replaces. For the purposes of this section of the Charter, the term “habitable square footage” means the square footage of that portion of a building that is used as a home or place of abode, either permanent or temporary, by one (1) or more persons.
(6)   The maximum building height limits, the restrictions on use and the maximum allowable square footage, and the provisions governing parking established in paragraphs (1), (2), (3) and (5), above, of this section of the Charter, shall be applicable to all real property located within the boundaries of the Town as the boundaries exist on March 20, 2006.
(7)   Every resident of the Town shall have the standing to enforce the maximum building height limits and the maximum allowable square footage established in paragraphs (1), (2) and (5), above, of this section of the Charter, by means of a suit in equity seeking either mandamus; prohibition; or any combination thereof, but nothing in this provision of the Charter shall he construed to either create a cause of action at law for money damages, or to authorize a court of equity to award money damages as an incident to equitable relief, or to authorize an award of attorney’s fees to the prevailing party or to any other party.
(8)   The maximum building height limit established in paragraph (1), above, of this section of the Charter, supersedes any existing zoning ordinance or land development regulation to the extent that said zoning ordinance or land development regulation establishes anywhere within the Town a maximum building height limit greater than that established in paragraph (1), above, of this section of the Charter, but nothing in this section of the Charter shall be construed to supersede, modify or repeal any existing zoning ordinance or land development regulation that establishes anywhere within the Town a maximum building height limit lower than that established in paragraph (1), above, of this section of the Charter.
(9)   The Town Commission may not increase, by ordinance or by variance, the maximum building height limits established in paragraphs (1) and (5), above, of this section of the Charter, nor may the Town Commission modify, amend or repeal, by ordinance or by variance, the restrictions on use established in paragraph (2), above, or the provisions for parking availability established in paragraphs (2), (3) or (5), above, of this section of the Charter, nor may the Town Commission increase, by ordinance or by variance, the maximum allowable square footage established in paragraph (5), above, of this section of the Charter. The maximum height limits established for residential zoning districts including, but not limited to, R-5, RS-4, RS-5, RD-10, RM-15, RM-16, RM-25 and PUD in the Town’s land development code as of March 20, 2006, may be increased, or such districts re-zoned for any other use whatsoever, only by a referendum vote of the registered voters of the Town in the manner established in Article IV, Section 4.7 [50] of this Charter for the repeal or amendment of initiated ordinances. The Town may not create new categories of zoning without approval of such categories by a similar referendum vote; and all provisions of such new categories of zoning must be submitted to the voters for approval.
(10)   The maximum building height limits established in paragraphs (1) and (5), above, of this section of the Charter, may be increased only by an amendment to or by repeal of this section of the Charter. The restrictions on use established in paragraph (2), above, and the provisions governing parking availability established in paragraphs (2), (3) and (5), above, of this section of the Charter, may be modified, amended or repealed only by an amendment to or by repeal of this section of the Charter. The maximum allowable square footage established in paragraph (5), above, of this provision of the Charter, may be increased only by an amendment to, or by repeal of this section of the Charter. Except as expressly provided below, this section of the Charter may be amended or repealed only by means of a majority vote of the registered voters of the Town at a referendum election held either on the same day as a regularly scheduled November general election or on the same day as a regularly scheduled March municipal general election. The amendment or repeal of this section of the Charter at a special election held on a day other than a regularly scheduled November general election or on a day other than a regularly scheduled March municipal general election is expressly prohibited, except that a special election or special election by mail may be held to correct, to the minimum practicable extent, a provision adjudged by a court of competent jurisdiction to violate the State or Federal Constitution or any valid state or federal law, but only after such adjudication is affirmed on appeal. Amendments approved at a special election may include no elements not directly related to such court adjudication.

(11)   These provisions of the Charter shall be effective immediately upon adoption by a majority of the registered voters of the Town voting in a referendum to amend the Charter so as to include these provisions. Upon adoption, the maximum building height limits, the restrictions on use, the maximum allowable square footage and the provisions governing parking availability established in paragraphs (1), (2, (3) and (5), above, of this section of the Charter, shall immediately apply to all real property located within the boundaries of the entire Town. Upon adoption of these provisions, and pending amendment of any portion or portions of the Town’s Code of Ordinances inconsistent with this section of the Charter, the more stringent provisions of this section shall apply.

http://www.florida-eminent-domain.com/private-property-act.html

The confusion over the Charter…the Code…the grade…the 100 year flood plain…the coastal construction control line…http://www.dep.state.fl.us/beaches/publications/tech-rpt.htm

BC- below is in the backup supplied…online..http://www.lauderdalebythesea-fl.gov/town/workshopbackup2009.htm

i.    Minutes

ii.    Previous Referendum

iii.    Additional Documents

c.    Capital Assets

BC- below is in the backup supplied…online..http://www.lauderdalebythesea-fl.gov/town/workshopbackup2009.htm

i.    Re:  City of Deerfield Beach – Resolution No. C-1998/073

ii.    Restrictions on the sale, gift, trade, transfer or lease of all or a portion of City owned real property

BC- Deerfield Beach Muni-codes..link below….

Section 7.09.  Other referendum election.

(1)   Repeal or amendment of ordinance. Any existing ordinance of the city, including ordinances approved by the qualified electors of the city, may be repealed or amended by a majority of the qualified electors of the city voting at a regular city, general or special election.
(2)   Sale, gift, trade, transfer or lease of public property. Any (a) sale, gift, trade, transfer or lease of all or a portion of city-owned real property, or (b) sale, gift, trade, transfer or lease of any interest right to all or a portion of city-owned real property, must be approved by a majority of the qualified electors of the city voting at a regular city, general or special election if the fair market value of the real property is in excess of $750,000.00. If a portion of city-owned real property is being considered, the value of the entire parcel must be determined for purposes of determining fair market value. Fair market value is defined as the highest price valued in terms of money that the land would bring in if exposed for sale in the open market, with reasonable time allowed in which to find a purchaser, buying with knowledge of all the uses and purposes for which it may be capable of being used. Sale is defined as any transfer of real property to another party. Gift is defined as the conveying of title or interest in real property to another party. Trade is defined as the exchange of real property to another party for consideration. Transfer is defined as conveying of title, interest or rights in real property to another party. Lease is defined as a contract for possession or use of real property. The only exceptions to this referendum requirement are that the city commission may, upon a four-fifths majority vote, award leases or contracts (but may not sell, gift, trade or transfer) for a pier restaurant or snack facility located east of Ocean Drive or for the operation of the pier itself or for the operation of a business for cabanas, umbrellas and chairs on the beach.
(3)   Commission procedure. When such matters are submitted to a referendum either on motion of the commission or as the result of initiative or referendum proceedings arising under the preceding sections of article VII, the commission shall pass a resolution calling for a referendum election in accordance with the provisions of article VII.

d.    Determination on Proposed Special Election

BC- Why would we want to spend almost $14,000 for a special election in Nov. 2009…when we will have a municipal election 4 months later…providing no cost to the taxpayers?…If this passes…by the Mc-Gang of 3…It should be front and center for whomever challenges the “2-Hats” “Broom Boys” in that election!…

4.    ADJOURNMENT

overview to follow…

Tags: , , , , , ,

Post Division