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Here’s The Scoop…May 26,2009 LBTS Agenda…Get Ready For A Marathon…

THE MAY 26, 2009  LBTS REGULAR COMMISSION MEETING MARATHON….

Backup is online….If it does not show May 26,2009…click refresh button….http://www.lauderdalebythesea-fl.gov/town/backup2009.htm

1.    CALL TO ORDER, MAYOR ROSEANN MINNET

2.    PLEDGE OF ALLEGIANCE TO THE FLAG

3.    INVOCATION

4.    PRESENTATIONS

a.    Presentation recognizing the VFD for recent significant events

BC- The VFD will be recognized for its “recent significant events”…which should mean the hyperbaric chamber explosion and the near drownings at the beach…Both are previously posted in the scoops/VFD categories….and while they did their jobs well…many questions should not be brushed aside…such as the difference in the CAD report and Chief Perkin’s report-press release concerning the time frame at the chamber for starters……It’s a  fact that the VFD saved 2 people  at the beach from rip currents but it’s also a fact that “good samaritans” saved 3 others…..and it’s a fact that the press  were called by the VFD themselves and were in receipt of some very embarrassing comments from the “VFD Spokesman” VM-Dep. Chief McIntee crassly stating the Holland tourists “would not be going home in a plane (or seat) but in a box if it had not been for the VFD” that day…or they would be “deader than a doornail”…OUCH!…These comments along with the adverse comments from the media when concluding their reports concerning LBTS not having lifeguards and stating LBTS  was unable to afford lifeguards…One broadcast advised swimmers to go where there are lifeguards to be safe!….Time for lifeguards on the March 2010 referendum….At the last Commission meeting Comm. Clottey wanted a plan in place for media after any such events…The Town better get on this ASAP and the VFD…needs another spokesman that won’t drive the tourists away!…

b.    Proclamation recognizing National EMS week

c.    Gift to Town from Mr. Jerry Sehl

5.    PUBLIC COMMENTS

BC- Expect a long line of comments this evening…the short- term vacation rental “people”…and the kite- surfing “people”…who will either speak now or when the item comes up…Ordinance 2nd reading for vacation rentals…and Old business for kite surfing…

6.    REPORTS

a.    Finance and Budget Monthly Report – April 2009 (Manager Colon)

BC-As usual a few interesting finds within the monthly report or April 2009…At the last commission meeting Comm. Silverstone spoke of the Town Manager “saving us” $200,000 per the budgeted amount for the Town Atty….This writer pointed out that numerous times the prior Town Atty. Abbott when questioned about an ordinance or resolution would reply he did not draw the item up…they were done by the Town Manager…which most often were substandard…and then went back to be fixed…a practice we thought was long behind us?…

General Fund…Expenditure…Town Atty…Original budget $235,400/Amended budget $235,400.00/ YTD Actual $109,851.91/ Current MTH $32,551.85/ Encumbered YTD 0/ Unencumbered balance  $125,548.09…51.2% of the budget

WE hear about being in the “black”…

General Fund-….Expenditure…Debt Service….Orig. budget Principal $222,764.00/ Amend. budget $ 222,764.00/ YTD Actual $110,246.07/ Curr. MTH 0/ Enc. YTD 0/ Uenc. balance $112,517.93….Original budget …Interest $135,134.00/ Amend. budget $35,134.00/ YTD Actual $69,055.47/ Curr. MTH 0/ Enc. YTD 0/ Unenc. balance $66,078.53….Totals…Orig. budget $357,898.00/ Amend budget $357,989.00/ YTD Actual $179,301.54/ Curr. MTH 0/ Enc. YTD $ 0/ Unenc. balance $178,596.46….50.1% of the budget

Capital Improvement Fund….Orig. Budget $674,812.00/ Amend. budget $ 674,812.00/ YTD Actual 0/ Curr. MTH 0/ Enc. YTD 0/ Unenc. balance $ 674,812.00…0% of the budget

Capital Improvement Fund….Debt Service payments…Orig. budget principal  #1 $270,025.00/ Amend. budget $ 270,025.00/ YTD Actual 0/ Curr. MTH 0/ Enc. YTD 0/ Unenc. balance $270,025.00….Orig. budget #2 $ 1,052,567.00/ Amend. budget $ 1,052,567.00/ YTD Actual $543,498.00/ Curr. MTH 0/ Enc. YTD 0/ Unenc. balance $ 509,074.00…Orig. budget #1 Interest $ 90,596.00/ Amend. budget $ 90,596.00/ YTD Actual 0/ Curr.. MTH 0/ Enc. YTD 0/ Unenc. balance $ 90,596.00…Orig. budget #2 Interest $ 176,394/ Amend. budget $ 176,394.00/ YTD Actual $ 70,986.54/ Curr, MTH 0/ Enc. YTD 0/ Uenc. balance $ 105,40746…Totals…Orig. budget $ 1,589,582.00/ Amend. budget $ 1,589,582.00/ YTD Actual $ 614,479.54/ Curr, MTH 0/ Enc. YTD 0/ Unenc. balance $ 975,102.46/ 38.7% of the budget

Parking Fund…Debt Service…Orig. budget…Principal $ 102,088.00/ Amend. budget $ 102,088.00/ YTD Actual $ 55,535.98/ Curr. MTH o/ Enc. YTD 0/ Unenc. balance $ 46,552.02….Interest…Orig. budget $ 75,051.00/ Amend. budget $75,051.00/ YTD Actual $ 33,208.42/ Curr. MTH 0/ Enc. YTD o/ Uenc. balance $ 41,482.58…Totals…Orig. budget $ 177,139.00/ Amend. budget $ 177,139.00/ YTD Actual $ 88,744,40/ Curr. MTH 0/ Enc. YTD 0/ Uenc. balance $88,394.60…50.1% of the budget

b.    Development Services Monthly Report – April 2009 (Assistant Town Manager Olinzock)

BC- Visitor…592/ Inf. calls received…579/ verbal warnings…15/ notices of violation …51/ citations issued…3/ special master cases…11/ complaints investigated…16/ re-inspection conducted…115/ lien searches…17/ zoning reviews…53/ final inspections…11/ bus. tax license inspections…9/ public records requests…2

(3)…Staff performs morning and afternoon daily patrols. These are conducted to monitor activities such as: construction sites, unlicensed contractors, noise ordinance violations,dogs on the beach and in parks, water use restriction violations, beach furniture and illegal signage.

(12)…Staff continues to monitor all single family rentals. No violations were noted.

(13) Staff continues to monitor the sidewalk cafe’s.

(14) Staff began monitoring the new pavilion for peddlers and solicitors. No violations were observed.

(15) Staff inspected, issued permits and monitored all of the approved special events.

(16) Staff reviewed all new special event applications.(22) Staff prepared and delivered and/or mailed letters along with the amended ordinance regarding the parking/storage of vessels in the North Beach annexed area to all residents who were originally cited. The letters advised the homeowners on how to obtain a permit to keep their vessels/trailers on their property.

(24) Staff prepared and mailed a courtesy letter to residents of Bel-Air that have not applied for their sewer hook-up permit.

(26) Staff compared the Broward County Bus. Tax Recpt. list with thew Town’s list  to ensure all the businesses listed were licensed in Town. Staff began issuing verbal warnings to those businesses in Town that were operating without a Tax Receipt. A total of 58 were identified.

(27) Staff issued 2 verbal warnings to 2 hotels regarding prohibited use of vending machines. Both were removed from the properties.

(28) Staff received complaint of damage done to new pavilion. The pavilion was inspected and minor damage was found to some of the sq. concrete pillars. The broken concrete was removed and the pillars were roped off by Municipal Services until they can be repaired.

(30) Staff issued verbal a verbal warning to a business owner and the property owner for violating their approved sidewalk cafe’ permit by not placing the barrier around the cafe’ as required. The table and chairs were removed.

(31) Staff completed inspection of lights out in front of Oriana to ensure new the lenses  that were installed are going to cut down on the glare. They make a significant difference.

(50) Staff reviewed 12 submitted and/or active fire related permits.

(51) Staff completed 13 permits inspections for fire compliance.

full list in backup online…

c.    Municipal Services Monthly Report – April 2009 (Assistant Town Manager Olinzock)

BC- Tel calls recd….145/ service req. /complaints…recd. curr. mth…10…

d.    BSO Police Monthly Report – April 2009 (Chief Gooding)

BC- auto theft…5/ burg. business…1/ burg conveyance…23/ burg. res….6/ burg. structure…0/ forcible sex…0/ homicide…0/ robbery…2/ theft- grand…10/ theft- petit…13…totals 66 …decrease from 2008 -9.1%

e.    VFD Fire Monthly Report – April 2009 (Chief Perkins)

BC-Numbers are down again this month…Reg in-town members 33 (last mo. 32)…Associate out of Town 27 (last mo. 32)…Calls fire/rescue 24…Medical 89…Training fire-drill 8/ watercraft-drill 2/ beach patrol hrs. ATV1 75/ ATV2 99.5….Station Watch combined members 37 944+ hrs…( We were told all members stayed overnight each mo.)..Community serv. combined members  52…154 hrs…Reg members …4 (5%) non-cert./FF1 19 (23%)/ FF2 10 (12%)/ CPR-1st responders 20 (20%)/ EMT-B 6 (10%)/ Paramedic 5 (5%)…Assoc. members…FF2 27(37%0/ CPR-1st. responders 6 (2%)/ EMT-B 16(23%)/ Paramedic 5(11%)…Unit Response times…Eng. 12 o:07:21/ Eng.212 0:01:59/ Eng.312 0:03:07/ Sq.12 0:02:12/ Chief 12 o:o1:35/ Dep.12 0:02:39/ Util 12 0:03:33

f.    AMR EMS Monthly Report – April 2009 (Operations Manager Liddle)

BC- 0:03:26 response time avg. …….98% of calls in less than 6 minutes…

g.    Alley Way Report (Town Engineer Shaun Bamforth)

BC- This alleyway study is highly suspect…it was done before the beach pavilion opened and it content shows a real bias towards the pier owners…The amount of use declared for this alleyway is incorrect..especially with the beach pavilion open…To decide that the Aruba Cafe’ alley should be 2-way…that all the other alleyways should remain open 1 way…and to conclude this alley is the only one denied the same use…smells to high heaven…in this writer’s opinion…

7.    PUBLIC SAFETY DISCUSSION

8.    TOWN MANAGER REPORT

a.    Notice of approval for placement of AT&T cabinet within the utility easement located at 229 Hibiscus

b.    Notice of approval of a minor site plan revision submitted by Minto Developers for building regarding building colors

c.    Town Manager shall have authority to waive parking fees for local government agencies use of the Bougainvilla Drive Parking lot for public good for of period of time not to exceed 24 hours.

9.    APPROVAL OF MINUTES

a.    April 28, 2009 Regular Meeting Minutes

b.    April 29, 2009 Regular Meeting Minutes continued from April 28, 2009

c.    May 13, 2009 Workshop Minutes

10.    ORDINANCES

1.    Ordinances 1st Reading – “Public Comments”

a.    Ordinance 2009-23: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE SEA AMENDING CHAPTER 6, ARTICLE IV, SECTION 6-71 THRU 6-75 PROVIDING FOR THE ISSUANCE OF TOWN PERMITS FOR WORK WITHIN THE PUBLIC RIGHT-OF-WAY AND/OR UTILITY EASEMENTS AND ESTABLISHING A FEE SCHEDULE FOR ENGINEERING AND DEVELOPMENT SERVICES INSPECTION, PERMIT REVIEW AND ADMINISTRATIVE COSTS; PROVIDING FOR CODIFICATION AS ARTICLE IV OF CHAPTER 6 OF THE CODE OF ORDINANCES, SEVERABILITY, AND AN EFFECTIVE DATE

2.    Ordinances 2nd Reading – “PUBLIC HEARING”
a.    Ordinance 2009-20: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, AMENDING CHAPTER 30 “UNIFIED LAND DEVELOPMENT REGULATIONS,” ARTICLE IX “NOTICE OF INTENT OF PENDING LAND DEVELOPMENT REGULATIONS” OF THE CODE OF ORDINANCES, TO EXEMPT FROM THE ADMINISTRATIVE PROCEDURES REQUIRING NOTICE OF PENDING LAND DEVELOPMENT REGULATIONS THOSE ORDINANCES THAT ONLY REGULATE ACCESSORY USES OF RESIDENTIALLY ZONED PROPERTY AND TO PROVIDE FOR METHOD OF MAILING NOTICE TO APPLICANTS; PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE

BC- This was brought to the attention of the P & Z Board by board member Buzz Oldaker…for the Town to use Certified mail for notification…

b.    Ordinance 2009-19: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA AMENDING SECTIONS 12-2(c) AND 12-22 OF ARTICLE I, “BUSINESS TAXES,” CHAPTER 12, “LICENSES,” OF THE CODE OF ORDINANCES; AND CREATING A DEFINITION OF “VACATION RENTAL” IN SECTION 30-155, ALLOWING VACATION RENTALS AS AN ACCESSORY USE IN THE RS-4, RS-5, RD-10, RM-25 AND RM-50 ZONING DISTRICTS, AND CREATING SECTION 30-327 “VACATION RENTALS,” FOR RELATED SUPPLEMENTAL ZONING REGULATIONS, ALL WITHIN ARTICLE V “ZONING,” CHAPTER 30 “UNIFIED LAND DEVELOPMENT REGULATIONS” OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE

BC- We hear the Commissioners have been contacted by vacation rental landlords that are in a bind in this economy with their properties and are staying out of foreclosure by renting out a week at a time..This new ordinance denies them that right, with  28 days being the least amount of time for a vacation rental. These owners say if they are prevented from continuing to rent …they will lose their homes and the Town will be faced with a major hit on the tax rolls…We also hear that in other towns…there have been lawsuits against the towns for denial of having the right to rent out  weekly…Another lawsuit for the Town on top of Bert J. Harris?…

c.    Ordinance 2009-21: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, AMENDING SECTION 10-32 “TEMPORARY DISCONTINUATION OF SERVICE” OF ARTICLE II “CONTAINERS AND RECEPTACLES,” CHAPTER 10 “GARBAGE AND REFUSE” OF THE CODE OF ORDINANCES IN ORDER TO REDUCE THE MINIMUM TIME PERIOD FOR FILING OF A REQUEST FOR TEMPORARY DISCONTINUATION OF SOLID WASTE SERVICES FOR SINGLE-FAMILY RESIDENCES; PROVIDING FOR SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE
11.    COMMISSIONER COMMENTS

12.    CONSENT AGENDA

a.    Commission approval of the renewal of hurricane disaster agreements with Tele-Vac, PBS&J, and Man Con beginning June 1, 2009 thru June 1, 2011 (Assistant Town Manager Olinzock)

b.    Bel Air entrance signs.  Commission to approve location, site layout, and final design drawings (Assistant Town Manager Olinzock)

BC- backup shows Chen & Assoc. drawings…

c.    Draft policy on mitigation of code compliance fines and recorded liens as directed by the Town Commission.  Mitigation of fines adjudicated by the Special Magistrate can be mitigated by the Magistrate if not recorded with Broward County (Exhibit A) and if recorded may be mitigated by the Town Commission (Exhibit B) (Assistant Town Manager Olinzock)

BC- This was brought to the dais previously by Comm. Dodd after a woman came to the podium and informed the dais of Pompano Beach having a mitigation policy…the Town staff does not recommend it…(surprise..surprise)…but..if the commission decides to forge ahead…2 examples are provided for use…

d.    Commission approval of the proposed location of the median cut on El Mar Drive by Minto as approved on March 19, 2009 by the Commission and John Carter (Minto) (Assistant Town Manager Olinzock)

BC- This is being brought back to show where Marc Furth wants the median cut back to…to keep the turn around away from his motel…

e.    Commission approval of issuance of fifty (50) parking permits for Broward County Coastal Cleanup, Saturday, September 19, 2009, 8:00 AM till 2:00 PM, Bougainvilla Parking  Lot (Assistant Town Manager Olinzock)

f.    Commission approval of special event permit application for Athena By The Seas “Wine and Food Festival” event, Saturday, July 4, 2009, 8:00 AM till Sunday, July 5, 2009, 11:00 PM (Assistant Town Manager Olinzock)

BC- The Marchelos brothers are testing the waters with their request for a 2 day event…to start after the Town event on the 4th and later on the next day…The odds…with the “gang of 3” not good..sadly for the Town and the tourists…

The real eye opener included in the special permit…and we hear also included in the commission directed noise decibel meter reading going on and all weekly special events…is the following that was …NEVER APPROVED BY THE COMMISSION…

‘Unless waived by the Town Commission, to ensure code compliance, Town Administration will authorize additional hours to Town staff and the applicant will accordingly provide reimbursement to the Town for this presence’….WOW!…The businesses will pay the overtime of Town staff to make sure they are complying with the ordinances for a head count and noise levels…on top of the expected McIntee strong-arm  “lock box” for using the Town streets…kiss outdoor events goodbye!…YIKES!…

g.    Commission approval of special event application for the Stamper Deluca wedding, Saturday, July 11, 2009, 6:00 PM to 8:00 PM (Assistant Town Manager Olinzock)

h.    Commission approval of special event application for the Lauren Katzenstein Celebration Ride 2009, Sunday, June 28, 2009, 7:30 AM till 2:00 PM (Assistant Town Manager Olinzock)

13.    RESOLUTION – “Public Comments”

a.     Resolution 2009-14: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, ADOPTING AND PROVIDING FOR AN AUTOMATIC ANNUAL INCREASE IN RATES ON PARKING FEE SCHEDULE

BC- a little housecleaning for an oversight..but the “Gang of 3” still kept the absurd $20 annual beach parking fee for their CIC pals!…

14.    QUASI JUDICIAL PUBLIC HEARINGS

15.    OLD BUSINESS

a.    Discussion and/or action regarding Kite Surfing (Vice Mayor McIntee) This item was deferred at the April 28, 2009 Commission meeting

BC- Expect the room to be full once again with the kite surfers…We hear the Rick Iossi who came to the podium on 4/28/09 (previous post LBTS agenda/ meetings cat.)…has sent the Town and Commissioners a proposal for what the kite surfers offer…along with designated areas…and perhaps future events…also in the backup is a memo from Weiss, Serota…Harlene Kennedy Esq. on the regulations…it states that various provisions of the Fl. statutes and Fl. admin. code impact the use of State property but do not conclusively permit or prohibit local regulation of kiteboarding. A summary of the pertinent provisions is attached in exhibit A…As the state has retained authority over the beach property, we have contacted the state to obtain preliminary approval of this regulation. We have not yet received a reply and will follow up unless you advise to the contrary….As previously discussed, the Town may not regulate the activity to the detriment of non- residents. The Town must have a rational municipal purpose for this regulation, such as safety measures. If the kiteboarding activity is interfering with traditional or protected uses, this interference may also be the basis fro the regulation…Please provides input for draft ordinance purpose…We will prepare a draft provision to submit for State approval…Regulation of matters to consider…Fee to be charged/Competence of participant to be measured/regulation of hours and/ Engaging a private firm to coordinate those efforts

b.    Selection of winner of the El Mar Drive Design Project as per presentation at the 4/14/09 Commission meeting (Mayor Minnet)

BC- The presentation was on 4/14/09…delays were an embarrassment …and at the last meeting it was decided that each Comm. would provide the Town Manager with their picks in order to finally present the awards to the A.I. students …who will be in attendance…

c.    Discussion and/or action for an Ordinance to ban “totters” from prowling the streets of town stealing valuable recycling material from the refuse collector (Commissioner Dodd) Deferred at the May 12, 2009 Commission meeting by Commissioner Dodd

BC- This was Comm. Dodd’s item at the 5/12/09 meeting …to cut down on the scavengers who troll the streets for recyclable materials etc…The question was if materials left in the Right- of- Way could be regulated in who could pick it up…and it can be…Interesting note…VM McIntee was opposed to regulating…which was a shocker since he is all about safety in the neighborhoods from those trolling the streets…Also mentioned were 2 Town residents that “dumpster dive”…Perhaps the Town can provide Town dumpster diving permits…at $20 annually? (just joking!)…

d.    Discussion and/or action concerning RFP’s and annual renewable contracts over $15,000.  Progress update from March 10th request (Commissioner Dodd)

BC- Comm. Dodd made a simple request quite a few times for the Town to provide a list of RFPs over $15,000 so that the Commission would know what was coming up throughout the year and the dollar amount…Sounded simple for the Administration must have some yearly list of such especially when they plan their budget year…Instead what was provided is an inferior useless list as far back as 2003…and incomplete..no BSO RFP…no parking RFP…..and no dollar amounts…

e.    Discussion and/or action by Town Commission regarding the selections of Town Banners (Assistant Town Manager Olinzock)

BC- the Commission turned over their choices to the Town Manger…for these new banners…McIntee- Furth-Domin- Rest. area/Domin- lodging/Domin-dining…Dodd Furth-Domin/ Jody McClean/Pat Anderson….Minnet Jody McClean/Pat Anderson/ Marilyn Carr….Silverstone Furth-Domin….Clottey Domin/Carr/ Anderson…

The Municipal Parking banners are up on A1A by the lot and on Bougainvilla by the former Tedesco restaurant…

Once again we paid $12,000 last year for the banners now up!…

16.    NEW BUSINESS

a.    Discussion and/or action regarding donations (Commissioner Dodd)

BC- This has to do with this writer…whose family tried to donate the new pavilion clock…and was told by the Town I could make a donation to the General Fund…even after Comm. Silverstone said he did not want an individual donation  with a plaque (it was from my family and the offer pointed out no plaque was wanted)…furthermore after this was turned down Assist. Olinzock said a specified donation could not be made…I was taken aback and inquired upon the donation I made to the town last year fro Sunshine education…I have received n e-mail that no such information was found…I sent the Town Clerk an e-mail with the date  the donation was accepted and acknowledged by the Town for the use of Sunshine education and was shown in the minutes…a letter was presented with the intended use as well…So how was that donation used?…

b.    Discussion and/or action regarding holding a single August Commission meeting (Commissioner Dodd)

BC- Comm. Dodd wants to get some work done in August…

c.    Discussion and/or action amending Town code regulations for owners of private property, not adjacent to public right of way, to allow for less restrictive outdoor seating provisions (Commissioner Silverstone)

BC- This is a strange one…and has to do with requirements of the sidewalk cafe’s …the example used is Pa De Gennaro’s and the Noodle Box…OOPS!…The Noodle Box has been closed for some months now…The jest of it is that event though the cafe’s are on private property they must still be roped off …What’s the deal Jimmy?…

d.    Discussion and/or action between County Building Department and Town Building Department (Vice Mayor McIntee)

BC- no backup provided…

e.    Discussion regarding the Town’s financial situation with future outlook (Vice Mayor McIntee)

BC- no backup provided…get ready for more “In the black”statements…

f.    Discussion on presentation of life saving awards to those who assisted in rescue of drowning swimmers last weekend (Commissioner Clottey)

BC- This will be dropped at the start due to the presentations…

17.    TOWN ATTORNEY REPORT

a.    Notice of a shade session to obtain the Town Commission’s advice on potential settlement negotiations and strategy related to litigation expenditures in the matters of Coastal Arms, Inc. v Town of Lauderdale-By-The-Sea; James Edmondson v. Town of Lauderdale-By-The-Sea; The Palm Yacht & Beach Club, Inc. v. Town of Lauderdale-By-The-Sea; and Delrado, Inc. d/b/a El Dorado Club v. Town of Lauderdale-By-The-Sea, pursuant to Section 286.011(8), Florida Statutes.

BC- see previous posts scoops cat…..

more to come….overviews after the marathon….on your mark…get set….

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