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Here’s The Scoop…LBTS 11/25/08…#4…Tying Up Loose Ends…

THIS AND THAT…11/25/08 & 12/1/08 Commission Meeting…and more…

HMMMM….When the Vice Mayor…goes on VFD “business” out of town …does he represent himself as the Vice Mayor?… Like the time he has purchased fire truck.. would that not be the same conflict he proposes the Mayor might be guilty of…using his title for business…VFD business.

HMMMM…Another hotel up for sale…the La Cele Hotel on A1A…

HMMMM…The Public Safety Complex…the money pit…now has yet another large dumpster out in front….not quite an assuring sign of being ready to occupy…what’s up…what’s the costs to date……do the Commissioners even know?..

HMMMM…at least 2 of the Commissioners were again surprised with the Town Manager keeping them in the dark…about the Palm Club public records requests…2 boxes…YIKES!…Commissioners may want to look online at the municipal codes…vested rights…that gives the Town the right to change their mind on a decision…before returning to court…heads up …take a look at #5!….below…

http://www.municode.com/resources/gateway.asp?pid=14431&sid=9

Sec. 30-12. Vested rights determinations.

The Town recognizes that certain land development rights of property owners may be vested with respect to approved land uses, density or intensity of development and/or staging or phasing of development. Any person claiming vested rights to develop property shall make application for a vested rights determination.
(1) The Town Manager or his or her designee shall review the application and any supporting documents and shall consult with other staff and the Attorney’s Office. Within 45 days after the receipt of a complete and sufficient application, the Town Manager or his or her designee shall either grant the application for vested rights or respond to the applicant in writing the reason or reasons for denial. The decision shall be mailed by U.S. Mail to the address indicated on the application, return receipt requested.
(2) If the applicant disagrees with the determination of the Town Manager, he or she may appeal the decision of the staff by notifying the Town in writing that he or she is appealing the decision. The notification shall be received by the Town no later than 30 days after the Town “renders” his or her decision on the application. If the notification is not received within 30 days after rendition of the decision, the applicant is deemed to have waived his or her right to challenge the decision. For the purposes of this section, the term “renders” means the date the applicant initials or otherwise indicates receipt of the decision. However, in the event the decision is not accepted or is returned, the term “renders” means ten calendar days after the date the decision was mailed.
(3) Upon receipt by the Town of a timely notice of appeal, the appeal shall be assigned to a hearing officer. The procedures for conducting hearings shall be approved by a Resolution of the Town Commission. The hearing shall be set for no later than 60 days from the date of the notice of appeal unless an extension of time is requested or agreed to by the applicant.
(4) The Town Attorney shall represent the Town in the administrative hearing. The hearing officer shall determine whether vested rights have been created pursuant to the provisions set forth within this section, applicable statutes, or established case law and shall determine whether any time limitation is applicable to such vested rights.
(5) Nothing in this section prohibits the Town staff from reconsidering and reversing a denial of a vested rights application at any time prior to the start of the hearing before the hearing officer.
(6) The hearing officer shall within 45 days of the hearing issue a proposed order which shall include findings of fact and conclusions of law with respect to the claim of vested rights.
(7) The Town Commissioners shall within thirty (30) days of receipt of the proposed order issue its determination which shall be in the form of a resolution.
(Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2007-14, § 2(Exh. A), 9-25-07)

HMMM…looks like the warehouse has no takers…too big…said the Manager…isn’t the 90 days up?…Who will be real estate agent after this failed deal?…

HMMM….no takers on the dais to buy the $800 thousand backyard property to the still unoccupied dilapidated hotel…oops…mean the McIntee Public Safety Complex..and LBTS Recreational Public Pool…..safe for now…taxpayers…but this one may return….

HMMMM…..Those flag poles…the minutes once again did not reflect a vote by the Commission…previous posts…it is said that contained in the backup materials not readily available to the public…although they should be…online…as they are for the Commissioners…..that the new Commission voted in the Tenex contract …in the Consent Agenda at their first Feb.meeting…this is the same problem we ran into with the Washingtonia sidewalks…those blanket Consent Agenda item votes get lost in the minutes…there must be a written in the minutes record of each item approved easily accessed by the public….along with the online backups…

The bases with the flagpoles are said to have cost approx. $75 thousand…what a waste…forget the entries…leave the original signs…hope that the Town staff does not paint the Commercial Blvd. bases blue…as stated by the Manager…there was no vote for flags at the north or south entryways… put the $110 thousand to use for something else required in the town…

HMMM……more to come…

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