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Here’s The Scoop…LBTS Agenda 3/10/09…..Another HOP…SKIP….AND A JUMP…To Another Day 2?….

ONE DAY…..TWO DAYS……

Another  HOP….SKIP…..AND A JUMP……

3/10/09 LBTS AGENDA….JARVIS HALL…7 PM…PUBLIC WELCOME TO SPEAK…Comcast channel 78/online http://www.lauderdalebythesea-fl.gov/

1.    CALL TO ORDER, MAYOR ROSEANN MINNET

2.    PLEDGE OF ALLEGIANCE TO THE FLAG

3.    INVOCATION  – George Hunsaker

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- Letter read by the Mayor at Feb 10,2009 Commission Meeting…

“Dear Mayor Minnet:

Recently, I had the opportunity to stop by your Town’s Welcome Center. I was pleased and surprised to learn that your Welcome Center is a benefit to all of the coastal cities within our district and throughout Broward County.

Subsequently, I set up a meeting with the Greater Fort Lauderdale Convention Center Director, Nicki Grossman to find out whether she would agree to supplement the necessary operating funds for the Welcome Center since it provides an important county-wide function.

I am thrilled to advise that Ms. Grossman agreed to a one time supplemental check of $20,000.00, which I would like to present to your Commission as soon as possible!

I am truly honored to be your County Commissioner.
Sincerely,
Ken Keechl
Vice Mayor, Broward County
County Commissioner, District 4″

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

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

5.    REPORTS

6.    PUBLIC SAFETY DISCUSSION

BC- Questions must be submitted to the VFD  Chief (only) 24 hours in advance…please note this was not required pre- Oct. 2008 contract with Town…and is not required by AMR/BSO Police…

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- Time and date to be decided at meeting…with either Lynn University and/or Florida Youth Orchestra…

.http://www.lynn.edu/academics/colleges/conservatory-of-music

..http://www.floridayouthorchestra.org/about_us.html.

b.    Roundtable Workshop Calendar

BC- At the previous Comm. Comments the Mayor asked for Round Table meetings to be planned for 6 months…..

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

BC- Memo to Commission 2/23/09…Asst. Olinzock…

We lost County funding due to lack of ridership…needed 12 per hour/ had 9-9.5 riders per hour……to keep it we have to pay…

FY 08-09 Total cost of program $97,777. of which $23,883. is contributed by Broward County Transit

FY 09-10- Projected Town cost w/out grant funding-= $102,666

FY 09-10- Projected Town cost w/ grant funding= $78,783

The staff attended a meeting pertaining to future funding LBTS will receive a decrease in FY 08/09 in amt. of $14,586 which the Town will have to fund to maintain the program until the end of the year.

Broward County suggested that those cities who do have a fare consider implementing it to fund their portion of the service.

If the Town wants to do this the projected total cost FY 08/09 is $53,055

d.    Minto – El Mar Drive

BC- This was brought up by Comm. Clottey on Marc Furth’s behalf at the 2/24-25/09 in her Comm. Comments…the Furth’s would like  the Town to negotiate with Minto to replace the curbed median just south of their property to the way it was prior to restoration…They say Minto agrees…in a photo submitted …showing an arrow pointing to the specific median…

The photo text…”This cut in the median existed before Minto replaced it with solid curb. We would like Minto to replace this cut in the median so their construction traffic can access their construction and storage yard directly without disturbing neighboring properties. Minto agrees this would benefit them and is willing to reinstate the cut with Commission approval. Another benefit will be a closer turn around which we utilize for the July 4th street closures.”

The Manager has on the cover sheet …Staff recommendation to negotiate with the contractor….Fiscal impact and appropriations of funds- unknown- need project scope….

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

BC- At the last MPSC/P & Z meeting in Feb. …the committee wanted either an engineer or planner to attend a meeting to discuss the heights and zoning they are involved in to give their collective opinion to the Commission….the backup response……

A letter from Chen & Assoc…for “consulting services”…total maximum service $4,675.20…with a reimbursable fee of $250.00…will be billed on an hourly basis…and they will stop if the scope is outside of their expertise, although they do not anticipate this would occur….

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

The upgrades to the new Public Safety Complex for the BSO police will come out of this fund….they needed to reinforce the area for a “cage” to hold perpetrators and make less access areas to keep the downstairs area less susceptible to any trouble…

8.    APPROVAL OF MINUTES

a.    February 10, 2009 Regular Meeting Minutes

9.    PUBLIC COMMENTS

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- This is the “poster child” of how the “will of the people” should work in LBTS according to the “2-Hats”…the “Tennis people” will now pay $100 annually with a 5% increase on Oct. 1st each year…no non-residents…except those staying at area hotel…timeshares etc….

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- EMS costs separated out from the the previous Ordinance that did not show it…..

11.    COMMISSIONER COMMENTS

12.    CONSENT AGENDA

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

BC-Memo to Commissioners-Town Clerk White 1/14/09…

To have a referendum on Nov.3,2009  will cost us $13,986 /The information for the SOE would be required by Sept. 1,2009…no general election this year…

2nd Option- mail ballot at a cost of $13,088/ ballot to be received by SOE 90-100 days prior to the March 2010 election

Note: 2nd Option date must be a typo…. must be Nov. especially after a look at the following statement…

The last day to submit referendum to SOE for the March 2010 election is Jan. 11,2010…they prefer before this date…estimated cost for this election not available until April 2009…but would cost less than Nov. 3,2009…

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

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

BC- Memo from Municipal Director Don Prince to Esther- Mr Wayne Teague of  4344 N. Ocean had a plumber out to investigate a blocked sewer line…Prince went after being called….. looked a plumber’s camera showing lateral damage. Prince reviewed sewer maps and called Tele-vac…damage is Town’s responsibility…got quotes…recommending “piggybacking” from Boca Raton contract…total cost $$6,504.00…asking for…right of way fees to be waived…

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)

BC- 101 Ocean Event…

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)

BC-FLIER…Jarvis Hall/ El Prado Park Town Hall Lawn-“The Town is sponsoring Clean Energy Day to make residents and business owners aware of solar energy products and systems already on the market. The Town is seeking vendors for this event. If you are interested in possibly taking part, please call Town Hall at 954-776-0576”..Town Sponsored event…

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)

BC- Sunrise service…Peggy-Aruba/Dave-Village Grille/Louis-Athena…will help out with VFD…

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)

BC- Bigger unit just west of current box on south side of Washingtonia….east of Poinciana…want the Town to waive right of way fees…

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)

BC- These are the additional handicapped spots residents asked Comm. Clottey to bring to the Town’s attention…previous Commission meeting…

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

BC- Memo from Code Compliance Officer Parker to Director of Development Bowman 2/25/09…This is a repeat violator on W. Terra Mar Drive..the property owner did appear at the hearing was made aware of the penalties. The staff tried unsuccessfully to contact the owner. The owner then called the office to inquire on the results of the hearing but return phone calls have gone unanswered. This property is now in violation of two town codes and is on the march agenda for failing to come into compliance….

NOTE: Which was it… The owner was at the hearing…but then called to inquire on the results?….No decision made a the hearing?…

Case was heard on Nov. 19th 2008/Feb 18,2009…was found guilty of violating code section 6-41…fined $175 as repeat violator/and $150 a day from Nov. 21,2008…until paid…The Special magistrate said the Town can avail itself of a foreclosure of the lien……

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- this is consent approval…of item in Manager’s report-

BC- At the last MPSC/P & Z meeting in Feb. …the committee wanted either an engineer or planner to attend a meeting to discuss the heights and zoning they are involved in to give their collective opinion to the Commission….the backup response……

A letter from Chen & Assoc…for “consulting services”…total maximum service $4,675.20…with a reimbursable fee of $250.00…will be billed on an hourly basis…and they will stop if the scope is outside of their expertise, although they do not anticipate this would occur….

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

BC- Comm. Dodd found after the 2/24-25/09 Commission meeting …(previous post… LBTS agenda/meetings category) that the amperage was only 60…and thinks it should be more….

The cost $999.00/ the change 60- 150 amp to allow for twist lock  connection…to be on par with El Prado…let us own a “board” for events…rather than pay each time for use…

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

BC- same as Ordinance above 2nd reading…separate resolution will allow for future changes without 1st/2md ordinance changes….

b. Resolution 2009-11 A RESOLUTION 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 CODE OF ORDINANCES

BC- 2/24/09…Resolution 2009-06…now becomes…Resolution 2009-11……

from 2/24/09 agenda post…

b.-Resolution 2009-06- Resolution for issuance of a notice of intent concerning pending amendments to chapter 30 of the code of ordinances

BC- this is to give notice of the changes that were proposed at the 1/13 &1/21/09 workshops on changes to land regulations…

a.-Amendment to sec. 30-21 of code-revising reconstruction and continuation of nonconforming uses and structures

b.-Amendment to section 30-123 of code regarding duration of site plan-scope of bldg. permits to be secured during site plan approval

c.- Amendment to section 30-211 of code to amend building setback req. in RS-5 residential zoning dist.

d.- Amendment to section 30-271 of code to provide for cooking schools,catering,motorized scooter & moped sales & rentals, shall be permitted within B-1 dist.

e.- Amendment to 30-313 of code to provide revision  of development standards for fences, walls, plantings, hedges, prohibit gravel driveways in RS-4/5 & RD-10 dist., non -asphalt paving materials, to provide for grading , landscaping maintenance of swale areas in RS-4/5 & RD-10 districts of regulations of generators or underground containers for natural gas -provide for development standards & req. for mechanical equipment

f.- Amendment to section 30-507 of the code to amend informational, directional or traffic control sign, amend definition of real estate sign & provide temporary holiday decorations.

Projected time frame to adopt regulations:

a.- public hearing & Comm. Approval of processing of proposed regulatory changes- 3/10/09

b.-P & Z Board-3/18/09

c.- 1st reading of Ord.-4/7/09-2nd reading of Ord.-5/12/09

BC- 2/24/09- 2009-06 AND 3/10/09-2009-11 are identical Resolutions…(ordinance 2009-06 was swales)

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- This one was tabled…after the Mayor had no support…and no one would listen to her…no signs anywhere in LBTS …means no program in LBTS…despite Comm. Clottey’s claim of ” sign pollution”…VM McIntee’s calls of ugly…too big……and not wanted…the item is back…with the hope of putting them in ” Town Hall/Town park/ Designated Locations’…a sample was in the front office area…no “pollution”found ….in Town Hall…

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 “Cockroach” instigator agenda item …The Pier Fishing Sign….is back for the 3rd time….Will they or won’t they…

Will the Athena owners have the “goods” on the sign…and how much did the Town spend to begin “eminent domain” on the Pier Fishing Sign…on behalf of those Commissioners who are against eminent domain?….$$$$$$$$

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- Lets see… it was on courtesy of the VM- 6x or more since November 10,2008….and this one racks up how much?…$$$$$$$$$$…for $33….

Note to staff…Terry is a man..per the Mr…Terri implies female persuasion….

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 was tabled when it was found all was not agreed upon in the business district to give this a chance…a trial period…so back to the table…for some it was the first time…Originally after the 2/10/09 Comm. meeting it was setup for the Public Safety Complex…but no one informed the Manager…who was none too pleased and set the occupants straight on what was allowed and what was not in a  government building…this was not…so a last minute move to the Community Church was required…

The backup material includes the minutes from the round table…that included some restaurants…some hotel owners…some members of Town Boards…and some curious residents…Comm. Dodd was asked by a restaurant comptroller to come as the sole Commissioner…but through a series of strange behind the scenes “goings on”…Comm. Clottey was asked to come also…That led to a series of more confusion in conflicting warnings from the Town Manager on being involved in the round table…and “Comm. voting consequences”…leading to both leaving before it began…( A follow up from the Town Attorney produced yet another directive on their participation)….The overview of the minutes….it began at 5:05 pm…101 Ocean wants to try the Valet with Dave Gadsby from Village Grille…both sure it can be a winner for patrons…the Town and traffic control…Other restaurants are not so sure…seeing more congestion…and wanting other locations not desired by these two…such as down by the Pier parking lot……Cristie Furth sees no parking problems …saying a $10 charge will increase congestion…and what is needed is better signage to parking and attractions…(see Old Business  item F.)…At an impasse still…. it will return…for the Commission and staff to see if the votes are there to give it a try?….

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

BC- This is the advisory board that Comms. Clottey/Silverstone and VM McIntee want to keep Yann Brandt off of…see public comments post 2/24/09 LBTS agenda/meeting category)…

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- previously posted…

JULY 10,2007….

Discussion regarding resort area street signs installed in our Town (Commissioner McIntee)…

‘Commissioner McIntee presented pictures showing signage that the Department of Transportation approved. He wanted three signs placed immediately. Manager Colon clarified the cost was less than $1000 for the documents but she had located a memo dated November 2006 that said the design layout was forwarded to the Department of Transportation to proceed with the permitting process. Manager Colon said that was an inaccurate memo. She indicated that John Olinzock had since contacted the Department of Transportation who indicated they would help move this along as long as we used standard signs.’

‘Commissioner McIntee made a motion to approve item Q and direct the Town Manager do whatever is necessary to get the signs approved. Commissioner Silverstone seconded the motion.’

‘Vice Mayor Yanni said he supported the signs and their placement 100%. Mayor Parker said it looked as though the signs were in the middle of the sidewalk where people could walk into them and preferred their location on the side.’…passes 5-0

So why not have this in the backup…and why did this go to the wayside?…In the backup banners…were shown by Asst. Olinzock…http://www.dekra-lite.com/about.html

16.    NEW BUSINESS

a.    Discussion and/or action regarding the creation of a Tree Canopy Resolution (Mayor Minnet)

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

c.    Discussion of Earth Day April 22, 2009 (Mayor Minnet)

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

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

BC- Back again….round 5 is it?….We hear the VM  got an earful outside after the last meeting …when the Commission voted 3-2 Clottey/Mayor dissenting….(previous LBTS agenda/meeting category)..by those unhappy with the “scaled back” version allowing for 7-8 who can prove they had boats at the time of the 2001 annexation decision…So what’s the VM up to this time?…We hear the 7-8 will still be a go ….BUT behind a fence…HUH?…Isn’t that the requirement now?…If he means in front…you can’t have a tall fence in the front yard driveway… …This one’s gonna be fun…Hard to please ALL those potential 2010 voters!….ARGHHHHH……

NOTE: 2nd reading on 3-2 vote from 2/24/09 meeting …on next agenda…3/24/09….destined to be sidelined yet again?….Holding your political finger up to see which way the votes are blowing “2-Hats”?….

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

BC- see previous  scoops post on the required “Performance Review” for the Town Manager to be done annually before the budget in September…and this lame attempt by the VM to sidestep it…Guess he see it as an “Oversight Committee”…OUCH!….

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

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- backup says a resident wanted this item on…also included the ordinance from 1996 & 2008/ Resolution from 2008…

i.   Discussion and/or action concerning RFP’s and annually renewable contracts over $15,000 (Commissioner Dodd)

BC- This is to get on the same page about getting the heads- up on bids…before they go out…and getting any input in from all the Commissioners…and the Commissioner being informed by staff rather than “osmosis”!….

17.    TOWN ATTORNEY REPORT

ADJOURNMENT

Overview and verbatim “roundup” after the meeting(s)…

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