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Here’s The Scoop…LBTS 1/27/09 Commission Meeting…cont.1/28/09…The Rest Of The Meeting..

THE REST OF THE MEETING…1/27/08…continuation…..1/28/09 …

http://webpages.charter.net/mmjckc/mspace/IMG.JPG

(check out previous scoops & LBTS agenda/meeting categories…Comm. Dodd/ Vice Mayor/ Comm. Silverstone comments…)

Mayor Minnet comments…also found online at her website...http://www.roseannminnet.com/

‘want to thank everyone for being here tonight. I also want to acknowledge everyone who wrote e-mails to me in reference to the fire prevention schedules.

This past weekend I had the pleasure of riding on the Pelican Hopper and met many of the town’s residents and tourists. I rode around town and stopped at various communities and asked them to please ride the Pelican and keep this valuable service in our community. I want to thank the many who e-mailed me and also called to say what a wonderful time they had on the Pelican Hopper. The driver was most courteous and the bus was exceptionally clean.

I also want to thank the Planning & Zoning and the Master Plan Steering committees. I stayed for part of the meeting and then watched the rest at home. I could sense a feeling of working together and openmindedness in all the members.

On tonight’s agenda there are many initiatives for sustainability and many of these can be expanded upon to promote positive rejuvenation within our business and hospitality district. Let’s work towards preserving the establishments we have, maybe allowing less stringent requirements and giving incentives for remodeling and renovating. Maybe work with individual owners on a case by case basis and if they can provide certain criteria, allow them to work within separate guidelines. I am sure the Master Plan Steering and Planning & Zoning committees are on the right track. With positive dialogue and open communication, accomplishments will be abounding.

The ribbon cutting for the public safety facility will be on February 2, 2009 at 5:00 pm. I hope to see everyone there.

I’d like to thank staff for all their help and guidance and as always I want to thank the residents and business owners of this enchanting community for all your dedication and service to this town.

Thank you.’

Commissioner Clottey…Thanked the Town Manager for reducing your taxes…spoke of a 20% predicted for municipalities to come…the process of updating codes….speaking of letting “sleeping dogs die” …and “brilliant ideas”…a volatile combination that “makes everybody come out of the woodwork”…She has a problem with the unified land code…seeing it as “problematic”…and stated she is not a proponent off change…just for the sake of change….that we are neighborhoods who’s individuality should be preserved…and we should not try to make the Town into a “planned community”…She “digressed” in acknowledging that the north did not understand the “uniqueness of Lauderdale By The Sea”…that some have been vilified…speaking then of term limits and politicians…beach access and building heights…being a longtime problem…even to the point of murder…http://www.4dca.org/Feb%202005/02-09-05/4D03-1914.pdf.

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT JANUARY TERM 2005
WALTER DENDY,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
CASE NO. 4D03-1914
Opinion filed February 9, 2005
Appeal from the Circuit Court for the Seventeenth
Judicial Circuit, Broward County; Ana I. Gardiner,
Judge; L.T. Case No. 01-3609CF10C.
Fred Haddad of Fred Haddad, P.A., Fort
Lauderdale, for appellant.
Charles J. Crist, Jr., Attorney General,
Tallahassee, and Sue-Ellen Kenny, Assistant
Attorney General, West Palm Beach, for appellee.
PER CURIAM.
This case is a tragedy of escalating animosity
between neighbors.
Appellant Walter Dendy and the victim, Leonard
[email protected] Houda managed real estate in Lauderdale-By-
The-Sea. Houda ran Souter=s Resort, located on the
east side of A1A. Dendy managed the Edge-Mar
Condominiums, located directly across the street.
Two of Souter=s units were located within Edge-
Mar. For a time, tenants of each property used the
amenities of the other. Tenants of Edge-Mar
accessed the beach by using a passageway through
Souter=s.
Following numerous disputes between the two
men and instances of vandalism at Souter=s, Houda
was the victim of a sulfuric acid attack which
eventually took his life. A witness saw a man (later
identified as Neal Bross) throw acid from an Igloo
cooler on Houda, as he was opening his car door in
a Publix parking lot. The police spent approximately
one year turning up details of the crime. The
investigation
uncovered
a
murder-for-hire
orchestrated by Dendy.
After a jury trial, Dendy was convicted of second
degree murder. The most significant state witness
was Emilio Charafardin.

BC…interesting factoid…Marc Furth is in the the appeal document as being with the suspect (his next door neighbor) when the police came to speak to him….

‘On appeal, Dendy challenges the admission of his
statement to the police.
Dendy and the state presented conflicting stories
concerning Dendy=s requests for an attorney.

Tried by a separate jury, Bross was convicted of
third degree murder, a lesser included offense of
second degree murder.

On direct examination, Charafardin also testified
to being arrested six times.
A few days after the attack, Sergeant Kenneth
Erwin spoke with Dendy in his neighborhood,
looking for information about the incident. He did
not recall Dendy asking for an attorney.
However, Mark Furth, a city commissioner and
hotel owner in the neighborhood, was with Dendy
when Erwin approached him. Furth testified that
the officers pulled Dendy away to speak to him
privately; before being pulled away, Dendy asked if
he could have A representation of . . . his [email protected] or
if Furth could be a witness to his interview with the
police and Ahe was [email protected]

‘Acid Death Trial Update: Verdict In
Thu Aug 11, 6:40 PM ET 2005

Two men who killed a man in an acid attack have been convicted again.

The 2003 convictions of Walter Dendy and Neil Bross were overturned when
a judge ruled that their Miranda rights were violated because
investigators didn’t tell the men their attorney could be present during
questioning.

Thursday, the jury found Dendy, 69, guilty of second-degree murder and
Bross of third-degree murder.

Dendy paid Bross, a maintenance man, to douse his neighbor, Leonard
Houda, with sulfuric acid.

Dendy was president of the Edgemar Condominium Association in
Lauderdale-by-the-Sea. Houda managed the neighboring Souter’s Resort.
The two had a long-standing dispute over a parcel of oceanfront property.

The attack happened in the parking lot of a Publix store in 2000. Houda
later died 11 days later at a hospital.

Another man, Emilio Charafardin, was sentenced to 25 years in prison for
driving the getaway truck and helping plan the attack.’
Commissioner Clottey went on….to then speak of the death of Cristie furth’s father  and her recollections of Cristie Furth’s activism …over the years…the Furth’s love of the Town…”The Town is their baby”…and “whether you agree or disagree’ with them they have done a lot…forging ahead she spoke of “controversies”…”misunderstandings”…”assumptions”..”having respect”…”common sense” and looking for “clarity”…

13-Resolution…Fire Fees…more discussion from the 27th..eventually tabled 4-1…although it appeared McIntee and Silverstone wanted to push it through, despite promising those present the day before it would be tabled…

This writer has heard there is still an inequitable fee pricing  to be included…wwith the declaration from the Fire Department…the “2 Hats”…and the Manager it will be approx. $3.40 per apartment…multi- family homes having over 3 units…will be paying approximately $30 per unit…for inspections that will not require a fire truck..a full day or two of inspection time…but rather approximately 15-20 minutes!…HMMM…

14- Quasi Judicial Hearing…the single family home on El Mar…(previous boards/public notices/LBTS agenda/meetings categories Nov-Jan)….lots of confusion over this…with what was before the dais and what was not……with the Town Attorney advising the Commissioners at the end…they were only to decide the variance before them…5 feet setback on the north…not the height…which was the “elephant in the room”…with most of the discussion being grade and an ever growing height ..23 ft…56 ft..48.5 ft…46 ft…and various interpretations of the code…charter…zoning…Overlay District repeal…and showing the need for a first rate Development Director….and some calls  that need to be made to those who instituted them…who now say a variance would be required under our charter 7.1…paragraph 8 and 9…The applicants received their variance 4-1 Mayor Minnet dissenting…

BC…the Town Attorney said the permitting would not be allowed if the building department/County  found they did not meet the code…AHHHH…isn’t this deja vu…ala Oriana?…This writer would hope the Commission would offer a variance in this case……but would not leave the our present building department to make the final call…….Sorry  but his is unacceptable…a development department being run by unqualified personnel…with the Assistant Town Manager at the helm…having no expertise in this area…repeatedly providing no backup…no research…no opinion…no commentary…to the BOA…P & Z or the Commission…

Crass moment of this proceeding…with a familiar response….

Vice Mayor McIntee asked the applicant the fair market value of the property…(totally uncalled for)…and the applicant’s wife put her head in her hands…a flashback to then- Battalion Chief Pointu having the same response from the Vice Mayors “singular” offer to Paul Novak of the VFD giving the Chamber $5000 dollars the VFD did not have …and were not privy to…(the offer was pulled..with lame Mc-excuses made to cover-up the Vice Mayor’s grandstanding)…(previous posts VFD &  LBTS agenda/meetings category)…YIKES!…

15 Old Business…

a Discussion/ and or action “2 Hats” Referendum….originally put on by Comm. Dodd…put on incorrectly for workshop on codes…as being Comm. Silverstone’s agenda item…corrected…was tabled from 12/1/08 …pending that 1/13/09 workshop…by the Vice Mayor…who then tried to “pull a fast one” by pulling it!…Not so fast …it will return…per the Town Attorney…it was not handled right…all the more reason for it to return…because the Vice Mayor doesn’t want it!…

16. New Business…

a. Adopt A Street signs…Mayor Minnet…WOW!…this one showed no one was paying attention to the explanation offered up by the Mayor…thr Vice Mayor pounced..and Commissioner Clottey called it “sign pollution”…tabled until March 4-1 Mayor dissenting…

The point..Adopt A Street would not continue with the Town without signage…so by March…it may be Ka-put…anyhow….

NOTE…B & C were mixed-up in the meeting…

b. Reward Program for being “green”……Mayor Minnet..first of the “green-bundle”…put on by the Mayor this evening…citing Parkland …the Mayor was asked by other commissioners about the incentives…the rebates etc…

c. Commemorative Tree Policy…Mayor Minnet…again using Parkland for reference..staff will research it…and come up with policy and criteria..

City of Parkland link…http://www.cityofparkland.org/

d. Valet Parking…tabled until 2/10/09…

e. Commission consideration advisory board LBTS Environmental Sustainability Committee..Mayor Minnet…all the Commissioners liked it…BUT…a few had their sights set on the Mayor putting forth Yann Brandt ..as a possible member…due to his business being solar…and a conflict…(Ahh the irony)…Yann is not a commissioner…and as the Vice Mayor said about the Palm Club…”details”…

BC…you have businessmen and women  on other advisory boards…who could fit the same criteria…could this be “fear of  a possible Commissioner opponent” in 2010?….

f. pier access was voted on…but this writer hears “Peanuts” in the “pocket “of the “Broom Boys” of late is making calls to stop the access…citing a danger…beach access…etc… In this writer’s opinion stick with the vote…and listen to the BSO Chief …and the residents who actually use the pier parking…

Also…follow through on  Aruba’s Manager Guy Contrada’s suggestion of cutting back the Commercial median…and making it 2 lanes again…

g. Lifeguard Referendum…Comm. Clottey…she would like this included int he “laundry list” of items …whenever this referendum comes to fruition…with language that includes the costs…short down by the “2 Hats”…the Commissioner should push forth…”let the people decide”…remember?….

h. Jarvis Hall used for profit…Comm Clottey…She recounted a situation that was done with an “assist” by staff …playing with a “loophole” in the rules…it allowed a woman to get 1 room at the Lauderdale Beach Hotel…have their personnel request the hall…which cost the deposit…that was returned afterwards…thus the woman…had the hall made money (?)…from the cheerleaders in attendance…and profited from free use of the facilities at the taxpayers expense…

A look into this will ensue…

This writer found Home Depot using the facility the night before the Garden Club’s luncheon…what gives?…

The Commission needs to re-visit this lame change made early on last year at the Vice Mayor’s insistence…despite being told his ruling of the hall being for residents only was not the intent of the man who built it…

It should be open to all persons…as it was intended…and it should be for residents first…with a charge for outsides to use it…and only with Commission approval…

adjourned….

ALERT….MONDAY 5 P M RIBBON CUTTING LBTS PUBLIC SAFETY COMPLEX….new sign is in place…

ALERT…TUESDAY 5 P M…ROUND TABLE…TELEVISED/ONLINE…PUBLIC WELCOME…

more to come….

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