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Here’s The Scoop…LBTS Commission Meeting …#12……2/24-25/09….Roundup……


An overview of what was not covered in #s 1-11…..(information previously posted 2/24/09 Agenda/meeting category)…

The Invocation was offered by Rev. George Hunsaker…who spoke of this time of uncertainty…concern for our future….to remember the past….obstacles we’ve overcome…to pray for our Town…the business of out Town…and to make decisions to improve our community not just for ourselves…

Minutes were all passed…5-0

Consent Agenda items were all passed…..5-0 (description in 2/24/09 agenda in that category)…

13. Resolutions

a. Decreasing the fire fees 10%…and again Comm Dodd asked about the inclusion of “discretion” of the VFD for fees to be of service at a special event…after going back and forth the VM/Deputy Chief said the VFD would do it for a $50 flat fee per  Chief Perkins to the Town Manager and the Town Attorney…Only problem was..Chief Perkins was not in the hall to verify the VM/Deputy Chief’s assertions…a point made by Comm. Clottey…the Town Attorney stated at the start…when reading the resolution he had no response from the VFD and they had to take McIntee’s word for it…They did…also still included was language for charging if alternative fire departments were used…passes 5-0….

b.This was a resolution giving the schedule of the intent of pending amendments to Chap.30 of the Code of Ordinances…schedule is listed on the agenda 2/24/09 post….passes 5-0…

14. Quasi Judicial Hearing…Beach Hardware … like Leisure Terrace Condominiums…has been dealing with an issue since 2003…this time it was the rear fire escape…an issue that began with BSO…then LBTS after the VFD took over and the Town employed a Fire Inspector… Much of the delay between the Board of Adjustment variance vote…a few months back…the tabling to see if any alternative could be accepted…were for naught…costing the owner time and money….The owner spent in the neighborhood of $32 thousand dollars…to install what his architect said was an illegal to make it legal in the eyes of the Town…The fire escape…for all those familiar with the store will be at the 1st landing as you walk upstairs…leading to the back parking area. Presently there is an escape access available to employees from the 2nd floor…but that was not acceptable…So with this…the people will need to come down a flight of stairs to escape…The most pitiful scene was when the Town Attorney asked who would be representing the Town in this hearing…At the table were Assist. Town Manager Olinzock and Development Director Jeff Bowman…Jeff Bowman pointed to Olinzock!…Olinzock came to the podium…when asked if he had anything to add…he said no…when further pressed for an opinion…he said they would follow the direction of the BOA!…YIKES!….The owner relayed some of these points at the podium although each Commissioner was fully aware and had made visit(s) to the store during the process…passes 5-0…

15. Old Business…

b.- Greenfest….$$$$$$ …Terry Arthur was sent a letter from the Town Attorney…and having no written response there was none in the backup…Turns out Mr. Arthur no long lives in the area…and made a call to the TA…explaining what he supplied…and saying he had done some buying of items personally…reimbursing himself…Mr. Arthur was expected in town the following week and would fax the required paperwork if he could find it a t his ex-wife’s house…The VM  wasn’t quite ready to stop…so expect more time and money….

16. New Business

b. Guess there is  a new person to carry the”hospitality”  sign issue baton…Comm. Clottey… As posted previously the signage was brought forth from this writer …and the 1st Walk Around Committee…It was a reincarnation of what was proposed from the MPSC. a few years before that…..and the MPSC then took this one back again …in partnership with the Walk Around Committee….including having Delray Beach  come to a MPSC to show what they had done…Updates were given to the Commission…and it went nowhere….Now it seem VM McIntee and Comms. Clottey and Silverstone want to use this signage to take away from the Pier sign…although Comm. Clottey is recommending …above or below the pier sign…and the BFFs want it within the Pier sign facing north and south….

Town Attorney Report…

The Town Attorney is leaving soon…he thought he could juggle the Town and his litigation practice……and found it did not work out….that it was  his intention to “dabble in local government…and we (LBTS) are not a dabbling town”………Dan Abbott gave an insightful, warm and witty farewell speech…..acknowledging the Town being wonderful…vibrant…and although at times a “a little out of hand” he said the Town let “your passions be known”…and that is the “nature of a passionate government”…explaining that an empty room is not better…that we have “passionate people…proud…a powerful local constituency…with a responsive local government….active citizenry is vital.”…He said he and his family will continue to enjoy this town…and thanked us for having him…He said we will be in good hands with the new attorney that will take his seat from his firm very soon….

‘Attorney Profiles

Susan L. Trevarthen
Ft. Lauderdale, Florida
phone     (954) 763-4242
fax     (954) 764-7770
email     Email Me

Ms. Trevarthen is a Member of the Firm and serves as the Chair of the Firm’s Land Use and Zoning Group. She is Board Certified in City, County and Local Government Law by The Florida Bar. She primarily represents governmental entities in the areas of land use, local government, and environmental law. Ms. Trevarthen’s practice encompasses litigation, appeals, administrative and public hearings, and general municipal representation.

Her practice includes extensive constitutional law in her field, including regulatory taking cases and land use and zoning decisions raising First Amendment issues, including sign codes, adult use regulations, and regulation of religious uses. She also has extensive experience with school planning issues. A member of the American Institute of Certified Planners, Ms. Trevarthen speaks frequently throughout North America on planning, zoning and land use issues and has published widely on those subjects.


City, County and Local Government, Florida Bar Board of Legal Specialization and Education

Bar Admissions:

Florida, 1991
U.S. District Court Southern District of Florida, 1993
U.S. Court of Appeals 11th Circuit, 1997


University of North Carolina School of Law, Chapel Hill, North Carolina, 1991
University of North Carolina at Chapel Hill, Chapel Hill, North Carolina, 1991
Duke University, Durham, North Carolina, 1986
Honors: Cum Laude

Published Works:

“Senate Bill 360: Growth Management Reform Arrives and It Is All About Infrastructure”, (Co-Author), The Florida Bar Journal, Volume 79, No. 9, 2005
Advising the Client Regarding Protection of Property Rights: Harris Act and Inverse Condemnation Claims,, The Florida Bar Journal, Volume LXXXVIII, No. 7, 2004
Inverse Condemnation and Impact Fees Chapters, (Special Editor), Florida Environmental and Land Use Law, Feb, 2001
Alternatives of Takings: Procedural Due Process, Equal Protection and State Law Doctrine, Taking Sides on Takings Issues: The Public and Private Perspectives, ABA, Robert Thomas Ed, 2001
Florida Supreme Court Decides that Comprehensive Plan Amendments are Legislative, Florida Planning, May/June, 1997
Defensible Exactions After Nollan v. California Coastal Commission and Dolan v. City of Tigard (Co-Author with Nancy E. Stroud), XXV Stetson Law Review

Classes/Seminars Taught:

Adjunct Professor, Environmental and Growth Management Law, Florida Atlantic University, Department of Public Administration, 1992 – 1993

Honors and Awards:

Recipient, Burns Fellowship in Development Planning

Professional Associations and Memberships:

City of Boca Raton, 1994 – 2000
Member, Environmental Advisory Board
The Florida Bar, Section on City, County and Local Government Section
Member, Executive Council
The Florida Bar, Section on Environmental and Land Use Law
Member, Executive Council
Board of Directors, Citizens for a Scenic Florida
Leadership Boca Raton Class of 1995
Delphi Expert Advisory Panel to the Florida-Based Working Group of the South Florida Ecosystem Restoration Task Force

BC…In this time of a “laundry list” of Referendums…our new attorney might be the perfect fit…now…if all looks good…let’s get a contract and stop the hourly rate staus quo….


more to come….

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