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Here’s The Scoop…LBTS 3/10/09 Commission Meeting # 4…. Roundup……

3/10-11/09 ROUNDUP……

1.    CALL TO ORDER, MAYOR ROSEANN MINNET

2.    PLEDGE OF ALLEGIANCE TO THE FLAG

3.    INVOCATION  – George Hunsaker- “Oh mighty God most of us would testify that our parents struggled to teach us how to deal with disagreement. Sometimes we understood what they were saying and other times we decided to fight to get our way. In the midst of this process we did learn what is gained when we respect each other and when we understand and grapple with the concept that disagreement of ideas does not mean that we have to reject the person. We ask almighty God that you help our town and our Commissioners to learn to disagree, to learn to make decisions and not always getting their way but the in the process to treat people with respect and once the decision is over may we go drink coffee or wine together. And so almighty God, bless our proceeding in richer understanding. Give our Commissioners the wisdom to make decisions. Amen.”

4.    PRESENTATIONS

a.     Presentation by Vice Mayor Ken Keechl of Broward County for supplement check award to LBTS Welcome Center (Vice Mayor Ken Keechl)

BC-Broward County Vice Mayor Keechl came and spoke of how he represents 13 cities …..and recapped the past 2 years…saying he had told our Town if we needed anything to come and see him…and we did on Lifeguards for our beach to paid for by Broward County…A resolution introduced by the Mayor…Unfortunately Broward County was against this in good economic times and now it is moot…So  after being invited to visit the Welcome Center at the Chamber…he pursued a way to offset what we pay in its upkeep…with a check for $20,000 for this year only…with the caveat he would be back if possible to continue the financial help next year…photos were taken …

b.    Proclamation – Proclaiming April as Florida’s Water Conservation Month (Elbert Waters, Director of the Broward Service Center)

BC- An assistant came to speak about the regulations still being in effect…that we are experiencing the 3rd driest winter…She answered the VM’s assertion that our major source of water was from Lake Okeechobee was incorrect…It is from the aquifir…adding Lake Okeechobee has dropped significantly….Comm Clottey…asked about pumping water from the ocean to fight fires…and the rep explained Water Matters Day in Davie …http://www.davie-fl.gov/Gen/DavieFL_BBoard/0148359F-000F8513

http://my.sfwmd.gov/portal/page?_pageid=3074,20103213&_dad=portal&_schema=PORTAL

c.    Proclamation – Proclaiming June 22nd through June 28th, 2009 as Amateur Radio Week (Mayor Minnet)

BC- No representative was in the hall….

5.    REPORTS

6.    PUBLIC SAFETY DISCUSSION

BC- BSO was asked by Comm. Dodd about an update on new cameras…no update…VM- asked about a rash of burglaries…the Chief did not know of any…and Comm. Silverstone chimed in to say there had been auto break-ins in his neighborhood but no one reported them…The Chief said that was no good…implored the residents to report activity…or there would be no way for them to control and watch it…

VFD- Will post later….

7.    TOWN MANAGER REPORT

a.    Tentative Ribbon Cutting Ceremony – Beach Pavilion (March 30 to April 8, 2009) – Assistance provided by Commissioner Clottey, Sandra Booth, Co-Chair of Master Plan Steering Committee, John Olinzock, Assistant Town Manager and Town staff – Cost $1,000

BC- The Manager said she had been working with Comm. Clottey…and invited Sandra Booth to be a part of it…Manager Colon  “slighted” Vice- Chair Booth by saying she had  invited Sandra Booth for one reason only to get the student there!…YIKES…”Tact of an apple”Madam Manager…….Mrs. Booth was instrumental in this project…Why would the Manager say such a thing…reiterate it…in such a way…on the dais?…HMMM….

The date is set for Monday April 6,2009 at 7 pm…with a Lynn University to participate…

b.    Round table Workshop Calendar

BC- The Mayor asked for a 6 month calendar of round table discussions…but right out of the “gate” clearly void of listening to the Rev. Hunsaker’s invocation the combative Vice Mayor…once again referred to these round table meetings as pre-agenda “keep the citizens out of the loop” Old Guard throwbacks…Further insulting Comm. Dodd and the Mayor who want to participate as they proved to be successful the last 2 times they were held……By saying they were” camouflage for wheeling and dealing” and shouldn’t be done…plus they would take up another day…After all the “bluster was over it was decided they would meet at the “round table” on April 2nd 3 pm at Jarvis Hall….

c.    Community Bus – consideration of fare for riders (County recommends)

BC-The Manager spoke of the cost…for 2009-10 $ 102,000 and the suggestion from Broward County to charge fares…stating in the Town Hall suggestion box…a resident asked why with no ridership should we pay for it?…( Careful folks…you too could be attacked for “bogging” down staff with work stoppage…too many suggestions…)…only kidding…The VM said with a fare it will be dead on arrival…and suggested large signs on the sides because he thinks people don’t know it’s free…HUH?…Comm. Clottey suggested the stores kick in funds since the riders are headed their way to purchase…with the Town Manager replying she sent out 200 letters to businesses/hotel and others asking for support…but everybody is going through a hard time…

NOTE: if the Manager is aware everybody is going through a hard time…why so many code sweeps?

d.    Minto – El Mar Drive

BC-This was a “lovefest” for Minto and Marc Furth with accolades for Minto…and permits that will be waived  and Minto will pick up the construction costs…to accommodate the change to the medians so the Furths will not have to be bothered by the trucks coming around the current median near their hotel…to get into  their construction site…We hear that a hold could be in the works with the next phase due to stagnant pre-sales in this stagnant economy…just as Minto has put their project in Fort Lauderdale on hold per the 3/12/09 Hi-Riser…but no matter…. the median will be re-cut….

e.    Engineering Services: Lawrence Wick (P&Z Board Chair) and Paul Novak (MPS Committee Chair)

BC- This was to answer a request to have services provided in order to better advise the Commission on heights…etc…after much discussion the contracted engineers Chen and Assoc. will be used along with our new Town Atty. who specializes in zoning…

f.    Public Safety Bldg. – Police Department Improvement (Law Enforcement Trust Funds)

BC- Chief Gooding spoke of drug seizure monies approx. $100,000 to be used to make the 1st floor of the Public Safety Complex into “Star Wars”…No taxpayer money will be used…and permits are to be processed before the RFPs

BC- One final addition from the Town Manager…setting the tone for what was to come later…(see previous postsLBTS agenda/meeting N. B. 16f)…..After the VFD public safety exchange …(will post later)…where Comm. Dodd asked who contacted the Town Atty. about the VFD Hipaa concern with his having a VFD  pager…the Manager completely missed his statement…Comm. Dodd stated that they had a rule …(made soon after the 2008 election by the VM) no Commissioner could contact the Atty. on their own…BUT…the Manager again in “thin-skin  and off the mark”mode…said she had contacted the Atty. when a Commissioner (VM) was in her office…and had done so again when a Commissioner was in her office about occupational license (referring to Comm. Dodd)…”If you don’t want me to do that”…at which point her “sidekick” the VM chimed in he was”flabbergasted”…that the Town Manager “better pick up the phone”to call if he needed an answer… and  the Town Manager should be able to call the Town Atty! Both completely went off course for no reason…EXCEPT….Why should the taxpayers be paying the Town Manager and the Town Attorney for time used on a VFD matter…If the VFD had a concern about Hipaa…the Deputy Chief should have called the VFD Atty. on their dime…not the Vice Mayor ( same guy different hat) getting the Town involved…Blurry lines once more!…Comm. Clottey suggested for this be addressed at the round table…Comm. Dodd said it was time to have a “proper contract” with the Town’s law firm…

8.    APPROVAL OF MINUTES

a.    February 10, 2009 Regular Meeting Minutes

BC- No discussion-passes 5-0

9.    PUBLIC COMMENTS

BC- 19 were CIC members instructed at the CIC Sunday night meeting to come and speak for the Town Manager who is being “picked on”…previous post…LBTS agenda/meeting category..

The other speakers… 1 Res.-thanked the town for new portal benches and asked for the town to allow existing businesses not “to jump through so many hoops” when making modifications/1 Res.-talked about the budget…LBTS income…a house that sold for half of it’s orig. asking price…for Commissioners to mind their words when talking money expenditures…to plan ahead be proactive  and be aggressive in negotiating/1 Res.- spoke about former Battalion Chief Patrick Pointu’s public comments from the prior meeting…saying we should take heed to his warnings…that Patrick should be an adviser to the Commission…a liaison…read the definition of a “bully”…quoted Thomas Jefferson… evil prevails when good people do nothing/ 1 Res.-spoke of what happens when a candidate becomes an elected official …they morph into something else…an elected…it’s dangerous…the shift brings power and influence..it’s addictive and makes the “elected” behave in ways that cause their principals to be abandoned/ 1 Res.-spoke again on beach parking permits…now wanting 1 permit for both beach and residential…and recapped his points/1 Res.- again asked for a retraction from the VM for a slanderous comment made about him/ 1 Res.-spoke about being shocked the valet item was back on the agenda without a traffic study or alternate ideas/1 Res.- spoke of “rising above it” and commending the Town staff…businesses moving …and how the Fri/Sat. events increased activity in town/ 1 Res.-came forward to talk against a valet and to ask for a parking garage and an overpass/ 1 non-Res.-from Pompano spoke of the consequences of having a voluntary fire dept/ EMS being a con for him when considering buying property in town…

10.    ORDINANCES

1.    Ordinances 1st Reading – “Public Comments”

2.    Ordinances 2nd Reading – “PUBLIC HEARING”

a.    Ordinance 2009-15: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY- THE- SEA, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES BY AMENDING SECTION 17-14 OF THE CODE OF ORDINANCES TO CHANGE THE FEE STRUCTURE FOR USE OF TOWN TENNIS COURTS; PROVIDING FOR AUTOMATIC ANNUAL FEE INCREASES; PROVIDING FOR PRORATED FEES FOR TENNIS KEYS PURCHASED DURING THE FISCAL YEAR; PROVIDING FOR SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE (Approved 1st reading at the February 10, 2009 Commission meeting)

BC- No discussion-no public comments…passes 5-0

b.    Ordinance 2009-16: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, CREATING CHAPTER 8.5 OF THE CODE OF ORDINANCES TO BE ENTITLED “EMERGENCY MEDICAL SERVICES” TO AUTHORIZE THE IMPOSITION OF FEES FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES; PROVIDING FOR SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE (Approved 1st reading at the February 10, 2009 Commission meeting)

BC- No discussion- no public comment- passes 5-0

11.    COMMISSIONER COMMENTS

BC- Will post later…

12.    CONSENT AGENDA

a.    Commission approval of the Broward County Supervisor of Elections agreement for November 3, 2009 (Clerk White)

BC- Will be discussed on April14,2009…..there were some mistakes made with the costs offered up by the Town Clerk in the backup material…the Mayor suggested not spending the money and having the referendums in March 2010…and the Vice Mayor…well, what can we say… the VM could not understand why it is called  a round table when it was oblong!…passes 5-0

For the VM-

round ta·ble Listen to the pronunciation of round table
Pronunciation:
\ˈrau̇n(d)-ˌtā-bəl\
Function:
noun
Date:
14th century

1 a capitalized R&T : the large circular table of King Arthur and his knights b: the knights of King Arthur2usually round·ta·ble : a conference for discussion or deliberation by several participants ; also : the participants in such a conference

b.    Commission approval of 4 Hardship Parking Permits – Paradise By The Sea Motel (Clerk White)-passes 5-0

c.    Sewer Lateral repair at 4344 North Ocean Drive by Madsen Barr Corporation at a cost of $6,504.00 (Assistant Town Manager Olinzock)-passes 5-0

d.    Commission approval of Special Event application for Paint the Town Red 2009, Thursday, April 2, 2009 – 5:30 PM till 10:30 PM – a 101 Ocean fundraiser benefiting Kids in Distress (Assistant Town Manager Olinzock)-passes 5-0

e.    Commission approval of Special Event application for Clean Energy Day 2009 LBTS, a Town sponsored event, Saturday, April 25, 2009, 8:00 AM till 4:00 PM (Assistant Town Manager Olinzock)- passes 5-0

f.    Commission approval of Special Event application for Easter Sunday Service 2009, a Town sponsored event, Sunday, April 12, 2009 5:00 AM till 9:00 AM (Assistant Town Manager Olinzock)-passes 5-0

g.    Commission approval to allow AT&T to install a cabinet and two hand holes along Washingtonia.  Also, approval to waive right-of-way fees (Assistant Town Manager Olinzock)-passes-5-0

h.    Commission approval for installation of additional handicap parking spaces in Town Lot by Town staff adjacent to the 240 Commercial Boulevard Building (Assistant Town Manager Olinzock)-passes- 5-0

i.    Commission approval to authorize the recording of the attached Code Enforcement lien (Assistant Town Manager Olinzock)

BC- Comm. Dodd wants to discuss at the round table a way to allow the Commission to mitigate liens…as Pompano Beach does now…-passes-5-0

j.    Commission approval for Engineering Services Assistant to be provided to: Planning and Zoning Board and Master Plan Steering Committee pertaining to height restrictions and overlay districts (Manager Colon)

BC- previously discussed at Town Manager report- passes 5-0

k.    Commercial Blvd Pavilion – Authorize changing amperage – pending details

BC- Comm. Dodd after seeing the electrical change order alerted the Town to the amperage being substandard to allow for events and the use of a “board” the Town could own…and would be in line with recent electrical upgrades in El Prado…the VM got a little ornery until the Town Manager explained …and then he backed off…passes 5-0

13.    RESOLUTION – “Public Comments”

a.    Resolution 2009-07: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA ESTABLISHING EMERGENCY MEDICAL SERVICES FEES=passes 5-0

b. 2009-11: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA PROVIDING FOR A PUBLIC HEARING ON A NOTICE OF INTENT CONCERNING PENDING AMENDMENTS TO CHAPTER 30 OF THE CODE OF ORDINANCE- passes 5-0

14.    QUASI JUDICIAL PUBLIC HEARINGS

15.    OLD BUSINESS

a.    Discussion and/or action on specific location of Adopt-A-Street signage (Mayor Minnet) Tabled at the January 28, 2009 Commission meeting by Vice Mayor McIntee

•    Town Hall
•    Town Parks
•    Designated Locations

BC- Right before the meeting started Municipal Director Don Prince bolted up an Adopt -A- street sign to the side wall right by Commissioner Clottey’s seat…this writer knew trouble was coming …especially after the Commissioner said these signs were “sign pollution”…The Mayor attempted to see if there was a chance for the Commission to maintain this Broward County program with a smaller sign…she was unaware was available…but Comm. Clottey and the VM were having none of it…Comm Clottey did her own research…and found LBTS could  be part of another similar program not associated with the County…with no cost to join…and signs that could be made by a local artist..So the Adopt-A Street Broward County program is history and the new signs will be looked in to…

b.    Discussion and/or action regarding Town sign at Commercial Blvd and A1A (Vice Mayor McIntee) (Tabled at the January 28, 2009 Commission meeting by Vice Mayor McIntee) (Tabled at the February 25, 2009 Commission meeting by Commissioner Dodd)

BC- The Town Atty. was asked for any info on ownership of the Pier sign…she said they had a special department in their firm looking into it…and answers should be coming in the next 2 weeks…The VM made a motion which was 2nd to table it for 2 meetings…The owners of the Pier were in the hall…not allowed to speak…and were in possession of information that could possibly save the cost of the Town law firm doing this work…The VM would not listen…Comm. Dodd said this was on his head…the table passes 3-2…the Mayor/Comm. Dodd dissenting…

FUNNY ALERT…

VM McIntee told the Mayor somebody was on the phone…he was referring to Louie Marchelos…the owner of the Pier  and Athena…The Mayor said it looked like he was writing and perhaps the VM was “paranoid”…the VM’s wife got out of her seat and walked over to Louie…and said “he’s texting!”…..the audience laughed at the absurdity of her actions and her comment..The comedy accelerated when Louie who was previously named in a BSO Incident Report taken out by Moe McIntee for “calling her a cockroach”…said to the BSO Deputy “Keep her away from me!”…A few minutes later the VM’s phone rang as he sat on the dais…more laughter…from the “peanut gallery”…

c.    Discussion and/or action regarding information from Mr. Terri Arthur regarding Green Fest (Requested by Vice Mayor McIntee at the February 10, 2009 Commission meeting) (Tabled at the February 25, 2009 Commission meeting by Vice Mayor McIntee)

BC- The VM asked for an update from the Town Atty….she said the previous Town Atty. did speak to Mr Arthur on Monday….Mr Arthur still did not have the information  for the Town but was working on it…The VM said it was time to turn it over to the State Attorney’s office…and passed 4-1 Comm. Dodd dissenting…

d.    Discussion and/or action regarding Valet Parking for 101 Ocean and Village Grill (Vice Mayor McIntee) Tabled at the February 10, 2009 Commission meeting by Commissioner Dodd – Added and Tabled at the February 24, 2009 Commission meeting by Commissioner Dodd

BC- This one got nasty with the Comptroller from Aruba furious that Comm. Dodd was for this on a trial basis…saying she was “Shocked” that he would be for this when he speaks of public safety…she said a traffic study needed to be done…so angry was she…she came up 2 times…The owners of Athena By The Sea offered alternatives with use of their Pier parking lot…and the alleyway…The Manager from Aruba also was upset at the prospect of a valet in front of 101 Ocean…and spoke of the Fri./ Sat. night road closures Aruba already deals with…saying this was “ridiculous”….The VM said “the neighbors are getting angry at neighbors”…later telling the 101 owner he warned him he would only go for it with a consensus and there was none…so he wasn’t going to go for it…Comm. Clottey said a weekend trial was long enough…A store owner who had just been victorious in his effort to remove the Athena bags was outraged that we would go backwards with talk of bagging meters again the valet and losing parking…Crisite Furth spoke of street congestion…the parking lot and signage…This writer said give it a try…along with 3 other residents…seeing it as an opportunity to see if it was viable…and also seeing that the clientele for 101 was willing to pay from valet service…Comm. Dodd was at a loss for the VM and others to not want to use the Town parking lot with an estimated revenue of $61,000 and when the Town Manager spoke of liability …The owner of Village Grille said it would lessen the congestion in that area…The owner of 101 offered indemnity to the city or to find parking elsewhere…the VM saw this as an opportunity to again thwart the use of the Pier parking lot egress out of the alleyway…and Comm. Silverstone said he did not think the Charter would allow it…(the Comptroller of Aruba is the Commissioner’s fiance’)…The Town Manager said valet was not in the code…This one almost went by the wayside without a vote…but at the last minute it was voted down 4-1 Comm. Dodd the only Commissioner to vote yes…

e.    Discussion and/or action on the Lauderdale-By-The-Sea Environmental Sustainability Committee (Mayor Minnet)

BC- This was the one with Yann Brandt and the adverse response from Comm. Clottey and the VM of having him serve…Comm. Clottey asked for it to be tabled until after the budget because it called for tax credits…and she felt that may not be available in these hard economic times…Comm Dodd spoke highly of Yann Brandt saying he had the Commissioner’s full support…It was tabled until the 2nd meeting in Nov. passes 5-0

f.    Discussion and/or action concerning placing signs directing traffic to the hospitality and business districts on El Mar and Commercial.  Can nice unobtrusive signs be placed on medians next to welcome signs, in front of Chamber, and on the pier sign?  We need to request help from FDOT but should also consider placing our own signs if possible (Commissioner Clottey) Pulled at the February 24, 2009 Commission meeting by Commissioner Clottey

BC- This was the signage that went to never-never land…although it was voted on in 2007…and presented by the Furths to the Chamber resulting in the Chamber’s approval and offers of  help per Bill Davis coming to the podium…saying it occurred 18 months prior ….No response from the Town was forthcoming when Comm. Dodd asked what happened…just a lot of garbled sidestepping…Comm. Clottey was offering up banners instead…which do not need DOT approval …can be installed as they are now (we just purchased the ones we have last year)…and also larger ones can be used by the parking lot…a local artisan can design them…passes 5-0

16.    NEW BUSINESS

a.    Discussion and/or action regarding the creation of a Tree Canopy Resolution (Mayor Minnet) – passes 5-0

b.    Discussion and/or action supporting the Mayors Against Illegal Guns  Statement of Principals (Mayor Minnet)- passes 5-0

c.    Discussion of Earth Day April 22, 2009 (Mayor Minnet)- passes 5-0

d.    Discussion and/or action on Earth Hour 2009 (Mayor Minnet)

BC- This one passed but not without further absurd statements made by the VM…who said he could not support this hour of darkness because it was an open invitation for bad guys to come in and no way would he allow advertising…the audience and the dais could not contain their amusement at his expense…One audience member said we could call it “Whole Earth Day Burglaries!”….Comm. Clottey said “I don’t think all the burglars are going to be standing outside LBTS.”…The Mayor clarified again it was 1 hour and the VM said “Then I will support it.”- passes 5-0

e.   Discussion and/or action regarding an Ordinance to park boats alongside house (Vice Mayor McIntee)

BC- The VM brought this back again and what happened essentially the Commission voted to have what is already on the books…a boat must be along side or behind the house and screened in unless the owner can prove a “hardship” …What that “hardship” could possibly be was not discussed…and no high fences are allowed in the front yards…Campaigning 1 year out is hard on the VM…especially when he’s not in the VFD beach ATV handing out “suckers”…..

f.    Discussion and/or action regarding a vote of confidence on Town Manager’s work performance (Vice Mayor McIntee)

BC- See previous posts LBTS agenda/meetings 3/10/09….

g.    Discussion and/or action regarding putting a clock in the Pavilion (Vice Mayor McIntee)

BC- A $3000 clock is wanted by the VM…… The Town staff will look into what is available…The Mayor was concerned about the mechanical workings on the beach…the cost to maintain it…She was shot down by the VM …Comm Clottey said maybe some donations could be used…passes 5-0

h.    Discussion and/or action to give Esther authority to allow the use of Jarvis Hall by Elected Officials at short notice if vacant (Commissioner Dodd)

BC- This was brought to Comm. Dodd by a resident to put on the agenda…all were leery of it being a political hot potato…and it was decided that the required Ordinance changes involved besides the potential fallout…it should be left as is…

i. Discussion and/or action concerning RFP’s and annually renewable contacts over $15,00 (Comm. Dodd)…

BC- This is the item with background that made the Town Clerk cry …the “straw that broke the camel’s back” …in Town Hall…Comm. Dodd pulled it for discussion at the April 2, 2009 round table….

17.    TOWN ATTORNEY REPORT

The New Town Attorney said this was a delightful town…that she was meeting with all the Commissioners …

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