Here’s The Scoop … LOWV-LBTS Meet The Candidates Night #2 …Part 3 … Mc-Evans “Railroading” Her Way Into LBTS …
March 1, 2010 by Barbara
THE SAME FRAME OF MIND …. CHOO CHOO……
Dear Readers…The reference above about Candidate for District 1 Marjorie Evans Railroading” into LBTS is in reference to one of her answers during her portion of the debate on the 25th when she laughed and answered she had never seen anything “railroaded in through this dias, dais. I certainly wish something would!”… YIKES!… That alone should stop voters in their tracks …make voters use their #2 pencils to fill in #2 on the March 9th ballot for her opponent Scot Sasser!… Anyone who has paid any attention in the last 2 years has seen a number of agenda items “railroaded” through to ordinances…Some done without proper notice to those it effects such as the condos on kitesurfing and fishing…and on fast tracking ordinances causing them to be changed multiple times … It is glaring how little Candidate Evans knows because…Candidate Evans did not show up to her hometown in any participatory way until she came to announce her candidacy in Jarvis Hall…her first visit to the hall since she was annexed into LBTS in 2001 as a homeowner living in Unincorporated Broward !… (So according to her running-mate Jim “he’s not a nice guy Silverstone- not only is he personna non grata …he doesn’t want her vote!-prev. post)….
In this writer’s opinion Marjorie Evans is “Railroading into LBTS”…As she has done so over the past few months there is no doubt we have seen this before…where?… Her predecessor from that District, outgoing Vice Mayor Jerry McIntee did the same thing…came into town like gangbusters…”David vs Goliath”…one quick visit …and HE could fix it all…On limited knowledge…”gleaning” bits and pieces HE was able to take care of it all…. Candidate Marjorie Evans has all the same traits…one visit to condos (her first she has admitted)…and she has a “plan”…same for the Chamber…only it was BEFORE a visit…and that goes for the MPSC…after again her first time attending ever…and only after insulting the committee…again with the Town and grants..(free m0ney )and her connections… Deja vu ….Voters…Deja Vu…
The last opponents of the evening District 1 Candidates Scot Sasser and Marjorie Evans…
Candidate Scot Sasser was first with his opening …
“Good evening. My name is Scot Sasser and I am running for Lauderdale-By-The-Sea Commissioner, District 1.
My wife, Teresa and I are raising two children here and we plan to retire here. As I like to say we’re all in. This is why the issues of our town are very important to us.
I come before you tonight because I feel the next few years will be critical for all of us. We have endured too much divisiveness, personal attacks hidden agendas and breeches of ethics. Quite frankly, town business is not getting done.
I have been attending commission meetings for quite some time and have met with many of you in your homes. I have taken the time to know the issues and know that you think it’s time for a change.
My experience in business has taught me to value different opinions. I don’t profess to know it all. But I have come to know you and together we can solve anything.
I will make a difference by championing a code of ethics as well as a personal code of conduct for all your elected officials.
I will make sure we make solid decisions based on a strategic plan that ensures us we don’t take a wrong turn. Those who fail to plan, plan to fail.
I will make sure we spend our money wisely by insisting on the proper diligence of contracts and financial decisions before placing my vote.
I will preserve and protect our most precious asset by holding firm to our setbacks, municipal codes, density levels and height limits.
I will make sure to hold our public safety providers to the highest standards possible.
Finally, I have two ears and one mouth for a reason. I will listen twice as much as I speak. And, I will bring your voice to this town government. Not because you support one side or the other but because you can make a difference.
I ask for your support tonight, your vote on March 9th, and your involvement into the future.
Thank you.”
Next Candidate Marjorie Evans…Thanked the LOWV and all “Live ” and “watching on TV”…She said she wants people to “Vote for me ” that she “brings 40 years of experience in securing and administering public funds in a responsible manner .” She has “an edge in how to negotiate with government to get funding” …”grant writing opportunities”…”and how to negotiate in the world of private foundations.” She said other commissions and state legislators know her as “responsible and a respected custodian of public funds”…She continued “At this time in our economy it is time to establish a town government that is not the laughing stock of Broward County.”…She said her credentials and reputation bring that to Tallahassee She “deals in reality”…”and leaves the emotions for the others”… She said the town is divided and she can bring the sides together…the 2 sides have a lot in common and she went through thee list of what she offered “low taxes, traffic under control,expand the business district and make sure residents in duplexes and condos are treated fairly”…She said “right now we are our own worst enemy”…and said it was all the negative and not the positive and with her “I will see that the good news gets out and we have a lot more of it”…
BC- Do voters really want another commissioner on the dais that has only been paid by the government?… Do the taxpayers really want a commissioner that receives $15 million in funding from mostly the taxpayers whether from public or privates sources in one way or another…and a commissioner who benefits from it to the tune of $150,000+ each year…with her husband on the board?… Do voters really want someone who thinks all the answers come from “jobbing” the government with “free money” for our town…Do LBTS taxpayers really believe money from County, State or Federal sources does not cost us a dime?… (Mc-Deja Vu)… Quite amusing Ms. Evans referred to us as the “laughing stock of Broward County”… (Was that Silverstone shooting her a look?)… especially after it was Silverstone/McIntee who lambasted Comm. Dodd for saying the same thing!… I’ll give her this..she’s a quick study…”A gleaner”…able to pick up what she needs in her encounters and use it to her advantage …but again …such concern…such election time promises… from a candidate who was MIA for 9 years before she decided to run!…And there’s more…continue on…
BC- It appeared that if Town Photog/ Silverstone-Evans-Couriel Campaign Manager Marc Furth felt if it was not going his candidate’s way he would “flash” a photo and blind the opponent…as seen even on the debate video…and as for a “photo op” there is one point when Candidate Evans outstretches her arms like a child awaiting someone to pick her up!…Marc also got a shot at the beginning that makes it appear that “experienced” Candidate Evans is showing that “experience” to her opponent Scot Sasser prior to the start of the meeting…(A look at a question of “experience” with Mr. Sasser’s response puts that photo in circular)…
The first question was the Master Plan and whether the candidates would update or revise them…
Marjorie Evans said she would definitely update the master Plan saying “a lot of residents are not happy with what’s on the Master Plan.” She went on to describe a “boardwalk” and that “most of the hoteliers do not want [it[“… “Actually I don’t know if I can as a commissioner, but I would love to sit on that master Plan Committee because I think it’s really vital we get up to date.”
BC- WOW!… First of all “Gleaning” from one meeting in SRClub on Feb 22nd (prev. post)..and ONE hotelier…Paul Novak who was asked about the boardwalk…and at the meeting she was in the dark about the boardwalks as well as her running-mates…including Comm. Silverstone… The boardwalk is dead…it only came to life recently because it was Town Manager Esther Colon who wanted to pay to keep the area behind the Oriana ours to allow for a boardwalk in the future…a look at the videos show that none of the commission wanted to use the big bucks…and it was Colon who did not want to give it up…In the end it went… Marjorie Evans is “Clueless #2″…She does not know as a commissioner she could not sit on the MPSC?… YIKES!… She is so concerned…she could have put her name in and been on that committee at anytime over the last 9 years…Especially over the last months as the Town website/ Town channel 78 and Town Clerk have announced they were looking for members!…OUCH!…
Candidate Scot Sasser said he would look to the MPSC and bring back to the dais their recommendations …He would listen to them…He said some of the Master Plan is old and in need of changing but he stated what would be the reoccurring theme in his responses of having a “strategic plan” as opposed to the “piecemealing” …”We can go chasing one thing or other. I’ve heard a lot about grants but if you don’t have a plan you’re shoving projects into government works and it doesn’t work. We’ll end up piecemealing”..
BC- Candidate Sasser was able to shut down the Evan-Grants…mantra for electing her in one answer…and would continue to do so as their half hour continued…
The BSO was next with the contract up in 2011…
Candidate Sasser said he supports the BSO and reminded us all that the crime rate has gone down considerably..He also reminded us that many BSO members are longtime LBTS officers and some came from the LBTS Police Dept. …He said he would negotiate hard and spoke of Pompano Beach who is in the process now…and that could be a good thing for us…in terms of all the information coming out out before we need to address it…He wants the same service at a decent rate…
Candidate Marjorie Evans “I did go to talk to the police Chief myself and ask him about the the crime rate and um, the big cause I’ve been very concerned about the amount of crime on both sides of us. He told me that this is a great town to be the chief in. That the crime rate is very low. However, I do know when BSO came in here it happened all over the county they low- balled the price. When they came in to get the various communities and I really am afraid of the amount of money they’re gonna be asking when they come back again.So I will be a hard nosed negotiator on that.”
BC- Either she “Gleaned” from Jimmy-boy on the BSO and Ken Jenne or she may have actually read the papers a while ago before she ran…This writer will go with her M.O. thus far over the last few months…and say she “Gleaned” it from her running mate!…
Up next the garbage and again the question and how LOWV Carol Smith asked it shows why next time around…no to LOWV… “Now, the garbage and trash removal contract has been signed. How will you deal with any problems that arise? Now I understand there are concerns.How do you think you can deal with it?”
Candidate Evans “I, I there, definitely concerns about the amount of money they’re chargin’ the condos number one and the amount of money the people are paying over the summer when they’re not even here. I would definitely go back to that company and start re-negotiate, renegotiate with them. If they want to keep the contract they’re gonna have to give and that’s one place where they can give.”
BC- “Gleaner”…”Gleaner”… Perhaps Mrs. Evans should read the contract…should look at the RFPs and she would know it did not matter who was the company hired…As this writer wrote from the get-go…being the only person at the pre- meeting for the RFP…(prev. posts)The contract was substandard…it was done by the Town Manager and poorly handled (above his “pay grade” he declared at that meeting” by Asst. TM Olinzock)…and they were “warned” by this writer this outcome would come…Still they did nothing…and erroneous shots at Waste Mgmt. and “People not paying their fair share per her running mate Silverstone is pure Colon spin!…Besides if Evans sat on the dais and said what she just did…she would be…Comm. Dodd and she would be on the receiving end of TM Colon’s wrath and “as you recall” responses…with a perplexed Comm. Silverstone telling her this is a “Town Manager form of government and she was “micro-managing”…and perhaps for good measure throw in the erroneous “cone of silence” that does not exist in LBTS!…OOPS!…
Candidate Sasser said “Yes, one of thing which I wish we would have done on the front end was to make sure the RFP (Request For Proposal) was correct as it went out.” …He said the people should have been polled as to what they needed in the change prior to it being sent out…He cautioned that any renegotiation could result in a new RFP going out and he went one step further showing why he should be on the dais…He offered up perhaps offering an extension on the contract to come to terms on what has hit so many so hard…
BC- This shows that Mr. Sasser was involved in the meetings back when it was in process, for he recalled Vice Mayor McIntee cutting down the 5 year agreement to 3….
During the meeting as previously posted CIC Newbie Liliana Pomareda walked up the aisle with questions while her candidate’s opposition was speaking and the LOWV timer walked up as Candidate Vincent was answering (bad form for the LOWV)…The next question and a few others it is said were hers…showing she is a “Newbie”….in her CIC indoctrination…
The question was if the candidates would be in favor of immediately using the Public Safety Center’s swimming pool for lessons and safety classes for children … free swim for residents etc… Mr. Sasser said he would want to check the liability issues involved and the viability of the pool itself…if all that was in place he was all for any activities that could benefit the children … Mrs. Evans said “Guess what I’m in total agreement with Mr. Sasser on this. I think he stated the case beautifully. “…She went on to speak of the liability and say “we should do all we can for our children.”…
BC- When we bought the McIntee Public Safety Complex the big idea was that the VFD would be putting on swimming/safety classes…That soon went poof…after the VFD found they could not pay for the insurance…a “hand off” went to the Town…and since that time the Town has budgeted and advertised for lifeguards…no takers…Anywhere else in town that pool looks as if it would not pass code…Anywhere else that pool would not meet ADA requirements for such uses and it should really be filled in…and the funds in recreation used elsewhere….
Question- “What is the first piece of legislation you would like to see passed by the commission if you are elected”
Candidate Evans-” There’ I’m there two ordinances I want to change. One of them is the outdoor um, the outdoor patio, side, patio restaurants. The second one is for the bed and breakfast in the hotels. Those are my two main issues.”
BC-What about the sidewalk cafe ordinance does Candidate Evans not get?….
“ARTICLE VI. SIDEWALKS CAFÉS
Sec. 17-85. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning.
Permittee shall mean the lawful holder of a sidewalk café permit obtained pursuant to the terms and provisions of this article.
Right-of-way shall mean land in which the state, the Florida Department of Transportation, Broward County or the Town of Lauderdale-By-The-Sea owns the fee or has an easement devoted to or required for use as a transportation facility or street.
Sidewalk shall mean that area, whether privately owned or a portion of the right-of-way, which is located between the curbline or the lateral line of a street and the adjacent building and which is intended for use by pedestrians.
Sidewalk café shall mean a use located on a sidewalk or portion of the right-of-way which is associated with a restaurant or food establishment where food or beverages are delivered and licensed for consumption on the premises. It shall be characterized by the presence of tables and chairs and may be shaded by awnings, canopies or umbrellas if permits for same have been issued.
Street means that portion of a right-of-way improved, designed or ordinarily used for vehicular traffic or parking.
(Ord. No. 342, § 1, 6-22-93; Ord. No. 03-520, § 2, 10-28-03)
Sec. 17-86. Permit and revocable license required.
It shall be unlawful for any person to operate a sidewalk café on any sidewalk or public right-of-way within the Town without first entering into a revocable license agreement with the Town for any portion of the right-of-way which is used for a sidewalk café and obtaining a permit as required by this article. Sidewalk cafés are a conditional use and shall be located only where permissible as prescribed pursuant to a determination by the Town Commission and where a lawful permit has been issued. No person shall establish a sidewalk café abutting any sidewalk unless such person has obtained a valid permit to operate a sidewalk café pursuant to this article. The revocable license shall be in a form approved by the Town Attorney and reviewed by the Town Commission in conjunction with its review of the permit application. The license is revocable at the sole discretion of the Town Commission and shall not constitute a vested property interest in any portion of the public right-of-way.
Any person or entity operating a sidewalk café without a permit or any property owner allowing the operation of a sidewalk café without a permit upon his/her/its property shall be subject to penalties as provided in this article.
Each operator of a sidewalk café that operates in a portion of the right-of-way shall pay to the Town a monthly rightofway license fee of $1.50 for each square foot of right-of-way licensed for use plus maintenance and capital improvement costs. In conjunction with the approval of a sidewalk café, the Town Commission shall waive the monthly license fee in an amount equal to the amount expended by the applicant for improvements to the public right-of-way, not to exceed two years of monthly license fees.
(Ord. No. 342, § 1, 6-22-93; Ord. No. 03-520, § 2, 10-28-03)
Sec. 17-87. Permit fee.
(a) All sidewalk café operators shall pay a permit fee based on the number of seats depicted on the Town approved site drawing required by these regulations. The annual permit fee for establishing or maintaining a sidewalk café shall be based on the total number of outdoor seats as follows:
Seating capacity from 1 to 15 . . . $105.00
Seating capacity from 16 to 50 . . . 150.00
Seating capacity from 51 or more . . . 225.00
(b) The permit fee shall be paid on or before October 1st and shall cover the time period from October 1st through September 30th of the following calendar year, except that where the permit fee exceeds $1,000.00 the fee may be paid in two semiannual increments, the first to be due on October 1 and the second to be due on April 1st. No license shall be issued for any fractional portion of the year; provided, however, that any person or entity operating a sidewalk café for a period beginning after May 1st, may obtain a permit for the remaining portion of the fiscal year upon payment of one-half of the permit fee required by this article. No refund of fees shall be allowed.
(c) The permit fees collected pursuant to this section from sidewalk cafés located in the Town of Lauderdale-By-The-Sea shall be placed in the general revenue fund.
(Ord. No. 342, § 1, 6-22-93; Ord. No. 411, § 2, 11-10-98; Ord. No. 03-520, § 2, 10-28-03)
Sec. 17-88. Permit application.
(a) Application for a permit to operate a sidewalk café shall be made at the office of the Town Clerk. Such application shall include:
(1) Name, address and telephone number of the applicant.
(2) Name and address of restaurant.
(3) A copy of a valid Town of Lauderdale-By-The-Sea business tax receipt to operate a restaurant adjacent to the sidewalk area which is the subject of the application.
(4) A copy of a valid certificate of use for the building frontage adjacent to the sidewalk and which is the subject of the application.
(5) Evidence of insurance containing terms required under section 17-90 of this article.
(6) An 8 1/2 × 11 drawing to legible scale showing the layout and dimensions of the existing sidewalk area and adjacent private property, proposed location, size and number of tables, chairs, steps, trees, parking meter, bus shelters, sidewalk benches, trash receptacles, and any other sidewalk obstruction either existing or proposed within the pedestrian area.
(7) Photographs, drawings or manufacturer’s brochures fully describing the appearance of all proposed tables, chairs, umbrellas or other objects related to the sidewalk café.
(8) Written consent from the building owner as to the proposed use of the sidewalk and building frontage for a sidewalk café.
(9) A nonrefundable application fee of
(i) $150.00 for sidewalk cafés operated only on private property;
(ii) $550.00, including the cost of notice, for sidewalk cafés which operate on a portion the right-of-way.
No application for use of the right-of-way shall be considered by the Town Commission until notice has been provided to all property owners within 300 feet of the proposed sidewalk café site.
(b) Applications shall be reviewed for compliance with Town ordinances and must be approved by the Town Commission.
(Ord. No. 342, § 1, 6-22-93; Ord. No. 03-520, § 2, 10-28-03; Ord. No. 2007-06, § 2, 4-10-07)
Sec. 17-89. Requirements of a sidewalk café permit.
(a) Sidewalk cafés shall be restricted to the sidewalk frontage of the licensed restaurant to which the permit is issued or within the sidewalk frontage of the building where the validly licensed restaurant is located, and in both cases, a portion of non-vehicular right-of-way.
(b) In the event the subject area of the permit extends in front of an adjacent owner’s property, the permittee must obtain written permission from the adjacent property owner for use of this area. Failure to obtain such written permission will not justify a refund of the annual permit fee or any other fees paid to the Town of Lauderdale-By-The-Sea for operation of a sidewalk café.
(c) Permits shall not be issued for those locations where tables and chairs would be placed within a ten-foot proximity of bus stops, taxi stands or fire hydrants.
(d) Tables or chairs will not be permitted within ten feet of a pedestrian crosswalk or handicap ramp.
(e) However, the Town Commission may permit an exception to the distance requirement from ten feet to five feet where established pedestrian and tram paths shall not be obstructed and where public safety shall not be adversely affected. In areas of congested pedestrian activity, the Town Commission is authorized to require a wider pedestrian path, as circumstances dictate.
(f) A removable barrier, the design of which shall be approved by the Town, shall be required to separate sidewalk café service areas from pedestrian and vehicular paths of traffic.
(g) Tables, chairs, umbrellas, canopies, awnings, removable perimeter barrier and any other objects utilized as part of the sidewalk café shall be of quality design, materials, size, elevation and workmanship both to ensure the safety and convenience of users, and to enhance the visual quality of the urban environment. Design, materials and colors shall be approved by the Town Commission prior to the issuance of the sidewalk café permit.
(h) Awnings, umbrellas and other decorative material shall be fire-retardant, pressure-treated or manufactured of fire resistive material. Signs, with the exception of the establishment name, are prohibited on awnings, umbrellas, chairs, tables and any other fixture which is abutting on the public right-of-way. Lettering may not exceed four inches in height.
(i) Prior to issuance of a sidewalk café permit, the Town Clerk shall certify that there are no outstanding fines, moneys, fees, taxes or other charges owed to the Town by the current or past owners or operators of the property requesting a sidewalk café permit. A sidewalk café permit will not be issued until all outstanding debts to the Town are paid in full.
(j) One (1) menu board only shall be permitted with a maximum size that does not exceed four square feet. The menu board shall be placed in a location approved by the Town Commission and the menu board location shall be shown on the permit. The menu board shall not be a sandwich sign.
(k) Any food service establishment that qualifies under the conditions of this article may redesign the face of their establishment to allow for doors or panels that permit the establishment to have totally open sides allowing for an indoor/outdoor “café” design. These changes in the building can only be made after a proper building permit is issued, said changes otherwise comply with the “Code of Ordinances of the Town of Lauderdale-By-The-Sea”, the Florida Building Code, and all appropriate fees paid.
(l) No sidewalk café permit shall be issued to any establishment which possesses less than 24 lineal feet of sidewalk frontage.
(m) Where public parking exists between the sidewalk area proposed for use and the portion of the right-of-way used for vehicular travel, a sidewalk café shall be located in such a manner that a minimum five-foot wide clear pedestrian path on the sidewalk is maintained at all times.
(n) Where no public parking exists, a minimum five-foot wide clear pedestrian path between the edge of the sidewalk closest to the right-of-way used for vehicular travel and the sidewalk café shall be maintained at all times.
(o) In areas of congested pedestrian activity, the Town Manager or his designee, is authorized to require a wider pedestrian path that that provided herein as circumstances dictate.
(p) No objects shall be permitted around the perimeter of a sidewalk area occupied by tables and chairs which would have the effect of forming a physical or visual barrier discouraging the use of the sidewalk by the general public.
(Ord. No. 342, § 1, 6-22-93; Ord. No. 358, § 1, 9-14-94; Ord. No. 03-520, § 2, 10-28-03)
Sec. 17-90. Liability and insurance.
(a) The permitee agrees to indemnify, defend, save and hold harmless the Town, its officers and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of this permit, or the permitee’s activity on the premises by executing a written hold harmless agreement.
(b) The permitee agrees to meet and maintain for the entire permit period, at his/her own expense, the following requirements:
(1) Commercial general liability insurance in the amount of $1,000,000.00 per occurrence for bodily injury and property damage. The Town must be names as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting this requirement.
(2) Worker’s compensation and employers’ liability as required by the State of Florida.
(3) All policies must be issued by companies authorized to do business in the State of Florida and rated B+:VI or better per Best’s Key Rating Guide, latest edition.
(4) The Town must receive 30 days’ written notice prior to any cancellation, nonrenewal or material change in the coverage provided.
(5) The permitee must provide an original certificate of insurance as evidence that the above requirements have been met prior to commencing operations. Failure to comply with these requirements shall justify a suspension or revocation of a sidewalk café permit by the Town Manager.
(c) The permit period shall run and insurance requirements as described in subsection (b) above shall be effective from October 1st until September 30th of the following calendar year.
(Ord. No. 342, § 1, 6-22-93; Ord. No. 03-520, § 2, 10-28-03)
Sec. 17-91. Sidewalk café permits.
(a) Each permit shall be effective for one year from October 1st until September 30th, subject to annual renewal with the approval of the Town Manager.
(b) The permit issued shall be personal to the permittee only and shall be transferable only with the approval of the Town Commission.
(c) The permit may be temporarily suspended by the Town Manager when necessary to clear sidewalk areas for a “community or special event” authorized by a permit issued by the Police Department.
(d) The Town Manager may require the temporary removal of sidewalk cafés when street, sidewalk, or utility repairs necessitate such action.
(e) The Town Manager or his/her designee, and/or an authorized police officer of the Town may cause the immediate removal or relocation of all or parts of the sidewalk café in emergency situations.
(f) The Town and its officers and employees shall not be responsible for sidewalk café components relocated during emergencies.
(g) The permit shall be specifically limited to the area shown on the scale layout drawing attached to and made a part of the permit. The Town Manager shall have the right to remove without notice, any tables, chairs or other objects not in the permit area.
(h) The permittee shall act to assure that its use of the sidewalk in no way interferes with pedestrians or limits their free unobstructed passage. The Town Manager may require relocation of tables, chairs and other objects at any time for safety or pedestrian flow consideration.
(i) The sidewalk café shall be opened for use by the general public, although such use may be restricted by the permittee to the patrons of the permittee.
(j) Permittees holding a business tax receipt or certificate of use limited to take-out food shall not be permitted to provide table service on the sidewalk.
(k) Tables, chairs, umbrellas, and any other objects provided with a sidewalk café shall be maintained with a clean and attractive appearance and shall be in good repair at all times.
(l) The sidewalk area covered by the permit and sidewalk and roadway immediately adjacent to it shall be maintained in a neat and orderly appearance at all times, and the area shall be cleared of all debris as needed during the day, and again at the close of each business day and as designated by the Town Manager.
(m) No signs shall be permitted in the public right-of-way.
(n) No tables, chairs or any other parts of sidewalk cafés shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixture, curb or sidewalk within or near the permitted area. No additional outdoor seating authorized herein shall be used for calculating seating requirements pertaining to location of, applications for, or issuance of a liquor license for any establishment; nor shall it be used as the basis for computing required seating for restaurants and dining rooms, or as grounds for claiming exemption from such requirements under the provisions of any Town ordinance or state law.
The area between the exterior walls of a restaurant or other eating establishment and the edge of sidewalk shall be designated as public space. The placement of tables and chairs in this public space shall not constitute a building improvement which otherwise triggers structural improvements to the operating business under the provisions of the Florida Building Code or any state statute. In the event an operator of a restaurant or other eating establishment creates a sidewalk café pursuant to the terms of this section and such creation entails actual structural improvements to any portion of the structure other than the public space or in the event the creation of the sidewalk café permanently obstructs ingress or egress to the restaurant or eating establishment then, in that event, all applicable provisions of the South Florida Building Code or state statutes necessitating improvements to the property shall apply.
(o) The permittee shall notify the Town Manager when operation of the sidewalk café begins. Said notice shall be delivered to the Town Manager within 24 hours of such commencement.
(p) No food preparation fire, or fire apparatus, shall be allowed on the public sidewalk, other than that employed in the course of ordinary tableside service, including but not limited to menu items which require table preparation, whether or not such area is covered by this permit.
(q) Upon the issuance of a “Hurricane Warning” or “Hurricane Watch” by the Broward County Office of Emergency Management, the permittee shall forthwith remove and place indoors all tables, chairs, awnings and other equipment located on the sidewalk.
(Ord. No. 342, § 1, 6-22-93; Ord. No. 358, § 1, 9-14-94; Ord. No. 365, § 2, 7-25-95; Ord. No. 03-520, § 2, 10-28-03; Ord. No. 2007-06, § 2, 4-10-07)
Sec. 17-92. Denial, revocation or suspension of permit; removal and storage fees; emergencies.
(a) The approval of a sidewalk café permit is conditional at all times. The holder of a permit has no vested right or property interest in the continuation of the permit or the activity it allows. A sidewalk café permit can be denied, revoked or suspended if it is found that:
(1) Any necessary business or health permit has been suspended, revoked or cancelled.
(2) The permittee exceeds the approved square footage by placing any additional tables, chairs, etc., beyond the approved area.
(3) Changing conditions of pedestrian or vehicular traffic which causes congestion necessitating removal of the sidewalk café. Such decision may be based upon findings of the Town Manager that the minimum four-foot pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety or general welfare of pedestrians or vehicular traffic.
(4) The permittee has failed to correct violations of this article or conditions of the permit within 24 hours of receipt of the Town Manager’s notice of same delivered in writing to the permittee.
(5) In the event the permittee fails to remove any tables, chairs, and other objects related to the sidewalk café within 24 hours of receipt of the Town Manager’s final notice of denial, revocation or suspension, the Town Manager may direct Town staff to remove said objects. The permittee shall be responsible for the expenses incurred by the Town for the removal and storage of said objects.
(b) Upon denial of the permit, the Town Manager shall give written notice of such action to the permittee.
(c) If the Town Manager believes that a permittee has engaged or is engaged in conduct warranting the suspension or revocation of the permit, he shall serve the licensee by certified mail or hand delivery, at his business address as disclosed in his application for the permit, a written notice of ordinance violation which affords reasonable notice of facts or conduct which warrant the intended action, and a reasonable time for the permittee to cure the violation. The complaint shall state what is required to be done to eliminate the violation, if any. The permittee shall be given adequate opportunity to request a hearing before the Town Commission, unless the Town Manager finds that an emergency condition exists involving serious danger to public health, safety and welfare, in which case advance notice and hearing shall not be required. In the case of an emergency suspension or revocation, the licensee shall immediately be advised of the Town Manager’s action. In the event the permittee does not cure the violation within the reasonable time designated by the Town Manager, penalties shall be imposed pursuant to section 17-93.”
(Ord. No. 342, § 1, 6-22-93; Ord. No. 03-520, § 2, 10-28-03)
………………………….
BC-Bed and Breakfast…
“ARTICLE I. IN GENERAL
Secs. 30-1–30-4. Reserved.
Sec. 30-5. Comprehensive Plan adopted.
Pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161 et seq., Florida Statutes, the Town of Lauderdale-By-The-Sea Comprehensive Plan, as hereby prepared by the local planning agency, and including but not limited to:”
“Dwelling, bed and breakfast. A building or part thereof, other than a motel or hotel. Where sleeping accommodations and breakfast are provided for transient guests, and which also serves as the residence of the operator. ”
d) Items of information: The items of information on permanent signs for the uses listed below shall be limited to the following:
(1) Hotels and motels (no more than three of the following items of information on any one permanent sign): Hotel or motel name, type of accommodation (i.e. suites, efficiencies, apartments, bed and breakfast, resort or spa), telephone number, chain and travel club affiliations. Address and vacancy/no vacancy information shall be permitted, in addition to the three allowable items.
http://library8.municode.com/default-test/home.htm?infobase=14431&doc_action=whatsnew
The Little Inn on El Mar Drive when run by the Brandt family was a Bed and Breakfast…Hmmm…..
………………………
Candidate Sasser referred back to his opening and the need for ethics …done simply and succinctly …stating it meant “affiliation” not if the commissioner benefits monetarily and his belief that commissioner stays engaged in the discussion…but recused from the vote…He added his desire for a personal code of conduct to accompany the oath a commissioner takes upon their term…
Up next the next bungled question put forth by Moderator Carol Smith “This goes along with the lights on the turtles. Will you bring a stop to fishing off our beaches in turtle season? (Another Pomareda question?)…
Candidate Sasser said “It’s something that we have to look at. This just came up to me personally the other night.” He said it there was a need for more discussion and it has nothing to do with if he is for or against the fishing personally …”It seems like decisions like this seem to be railroaded through the dais and all of the sudden they become ordinances.” …He said after more discussion he would vote the will of the people and added the importance of the impact on turtles…
Candidate Evans..”Well on this one I respectfully disagree with Mr. Sasser. I’ve never seen anything get railroaded through this dias, dais (the audience laughed at her ignorance) and I certainly wish somthin’ would!(Evans was laughing totally unaware of her ignorance and why the audience was laughing…further inserting her foot in her mouth) . …She went on to be PC (politically correct) on her stance calling herself a “tree hugger” and “environmentalist” …
BC- Readers may remember from prev. posts…it was this writer who was contacted by the “fishing guy”…I advised him to go to public comments (as I have with others) to address the commission (on a topic not on the agenda)…and he did …In this writer’s opinion Silverstone/McIntee “lobbed ” on to the guy seeing potential votes ala CIC Newbie Liliana Pomareda and her $56,000 street resurfacing (despite Candidate Silverstone’s “outcry” from the neighbors on N. Tradewinds it was Pomareda who came with signatures 1 time and received a 3-2 vote despite the fact their street “lines” would wear away in time and other streets were cracked and worse)…Silverstone being unaware the gentleman contacted this writer first tried to use his actions as the right way of using the process… That’s right voters…take a look at the videos…they show his remarks…It was definitely “railroaded” or “fast- tracked as many other such items…in the last 2 years…If Mrs. Evans had traveled south of Bel Air and entered the hall before she announced ..or even done her homework she would have known what Mr. Sasser was talking about…OOPS!..
Third question of Liliana Pomareda’s?..”This is way different” said Moderator Smith. “Would you be in favor of putting a link on the Town website for town residents to be aware of sex offenders and child molesters living in Lauderdale- By- The- Sea.’
Candidate Evans “I certainly would. I myself have gone on the Town website and tried to find sex offenders in our area and I have not been able to find them. About a year and an half ago I went ant and I did find them.”…After a personal account she went on to state “I think it is something we really need to look at and it definitely should be on our website.”
BC- Which is it…she went on could not find it…went on and found it…it should be on?… It has been on our Town website for approx. 2+ years after former resident Lisa Mitchell brought it forward at public comments…a simple click on public safety provides the link …Locating sex offenders …(#10 last item)… http://www.lauderdalebythesea-fl.gov/ OOPS!…
Mr Sasser asked for clarification and added there are links for that and he also was unaware of it being on the website…but did not pretend he did or did not know…
BC-By the time we got this portion of the questioning in their half hour Mrs. Evans like her running-mate Mayoral Candidate Joe Couriel seemed to be running out of logic or the ability to comprehend and answer the questions… If they cannot handle 30 minutes how will they handle 2-3 hours (if we are lucky) …At least Mrs. Evans stayed awake unlike when she sits in the audience and takes her shoes off (seen online Feb 23rd meeting)…case in point below…
The question posed was “What ideas do you have to beautify Lauderdale-By–The-Sea?”
Candidate Sasser spoke of the two that are in the works the El Mar project and the A1A government project (matching funds)… He spoke of the need for the overall comprehensive strategic plan in moving forward on beautification projects to prioritize our projects…
Candidate Evans “Um, I also agree with Mr. Sasser on the plan to move in steps towards beautification. However, I would like our Garden Club,” (she’s never been involved in this group either) “I don’t know if they’re doin’ it now but we, I personally joined the National Wildlife Federation and my garden is um, has a little sign that notifies you that this is an environmentally safe area. I would like see every resident in ah, Terra Mar, Bel Air and of course the condominiums . Usually their gardens meet these standards but I’d like to see us have these little signs that said we, ah participated in that.” http://www.nwf.org/Get-Outside/Outdoor-Activities/Garden-for-Wildlife.aspx
BC- HUH?…OK, besides the fact that this was way of the beaten path from the question…Someone inform Mrs. Evans that her “galpal” Comm. “Clueless” Clottey better approve of the “little signs”..because otherwise Comm. “Clueless #1” Clottey will charge Evans with “sign pollution” a la the Adopt the Street signs… (Larger I know but no matter the size Clottey wanted them ditched!)…
“What experience do you have with parliamentary procedure and how would you ensure that it’s proper use during the commission meetings. That’s ah, a vehicle not just for the mayor but also for the commission members.”
Candidate Evans- ” In my lifetime I attended many meetings in which parliamentary procedure was used.” …She went on to say that the problem on the dais was “we have people out shout or pout talk or whatever.”…She did not want to enlist a parliamentarian , but then again she would do “whatever we need to do to get it done.”.. She thought the Town Attorney “needs to be a little proactive” saying the attorney was there “protect the commission”…
READ CLOSELY…
and “she’s here to protect the individual rights of the citizens and if the commission does not allow citizens to express themselves they can be sued and also if you happen to be of a different ethnic origin and you’re made fun of you have a right to sue the commission.”
BC- Huh? …Is this a shot at the perpetuation of the “Cuban issue” which if watched at the Feb 9, 2010 meeting online proves it was a non-issue perpetuated by the Town Manager and CIC members…
Candidate Sasser answered he too has sat on boards using parliamentary procedures…He has read and understands Roberts Rules but he went in a different direction and said “I will say this the most important thing is the Golden Rule “…explaining how he will bring that to the dais …
The next question dealt with foreclosures properties and the ability for the LBTS Commission to mitigate … Mr Sasser asked for clarification and was correct in his recollection that it was brought up after a Commissioner spoke to the Special Magistrate about other communities having the ability to do so (It was not backed by the majority) …Sasser said it should be looked at carefully and should be consistent…anything to aid in the process that followed a strict criteria and move these properties along…
Candidate Evans …said she wanted to speak to condo owners first…lots of empty apartments and she again tried to show her connections to “Senator” Ellyn Bogdanoff (OOPS- Representative)… and what Bogdanoff was sponsoring …She again was offering up recovery money (aka free money) in the neighborhood stabilization program …http://www.dca.state.fl.us/fhcd/cdbg/NSP.cfm
THIS IS THE QUESTION AND THE ANSWER FROM CANDIDATE SASSER THAT SHOULD GIVE HIM THE WIN…
Question- ” We have one question that would like you each to think about your strengths and your weaknesses and what you perceive in your opponent. So what distinguishes you from your opponent?
Evans-” Well, I prefer what me and my opponent and I have in common. The one thing that we do have in common is we’re positive people and we’re looking for what’s best for Lauderdale-By-The-Sea. The one thing that I do have that he doesn’t is a lot of experience. He will get that experience as he moves along and if he beats me in this race I’m sure he’ll get a lot more experience!”…
The moderator again showing a bias laughed and said good answer… Geeze!
Candidate Sasser-” I would agree with Mrs. Evans on the positive note. I know we both have business acumen. We both manage money. And I would say I’m very strong on strategic planning. You’ve heard me talk a lot about that tonight. I think I’m very strong on making sure that we have a plan and that government money never comes free. And that we need to make sure we’re not back-filling our own projects to fit government grants. I don’t like the government telling me how my town should look and feel. I know you guys don’t either.We just have to be careful with that.
And then I would say respectfully to my opponent that probably another thing I would bring is a familiarity. I know that I’ve been to commission meetings before I decided to run. So I would say the experience in that piece of it would definitely be an advantage for me.”
BC- GAME OVER!…
The next was the Furth question asked of all three..for the Bio-Rock Artificial Reef Project…Candidate Sasser was in agreement with the others who spoke before him this evening and added it was a top priority of his to protect out precious assets…
Candidate Evans…said she supported it and then said “I don’t know if you’re aware of this but it does help with the storm surge after the 100 year study done on our beaches. They determined that the ground floor all along the beaches would be flooded in a storm surge. …She must have had a cue from Furth because she quickly returned to “message” with “It will put us on the map” …Yadayadayada…
The Closings…
Candidate Evans- ” Thank you for the opportunity to speak with you again. I want you to vote for me for the following reasons. I am experienced in managing public funds and developing revenue streams through grants and legislation. I am a leader who knows how to get people to work together for a common cause. I’m experienced in local, state and federal grant negotiations” She went on to say she would “accentuate the positives of this town to show tourists, new property owners and prospective business owners alike what a great community we are. “…She said she would “enhance our civic and public services in a manner consistent with the authentic characteristics of our town and this will improve the image of the town as well.I will protect our standing emergency services and promote fair treatment to all that call our town home. I am determined to keep our taxes low and our streets safe.”
BC- Would Marjorie Evans vote for Marjorie Evans?… If she says yes…I question her judgment for having the best interests of the town in mind…I would have more respect for Mrs. Evans if she would have come to the town and offered her assistance on a board…perhaps if voters get it right…she will be available…The question then will be…will Marjorie Evans wait another 2 years to walk through Jarvis Hall for another run for Commission as a known participant or yet again only as a candidate with all the Mc-answers?……
………………………………….
Candidate Sasser-
“Thank you for your time and consideration tonight. As stated earlier we are facing issues that are all too familiar and in need of being put to rest once and for all.
I attended meetings long before I decided to run. I bring a familiarity of the issues with me to this seat.
I WILL make a difference by championing a code of ethics and a personal code of conduct for all your elected officials.
I WILL make a difference by insisting on an overall plan for our town that ensures we stay on course.
I WILL make a difference by ensuring we spend our money wisely.
I WILL make a difference by reading contracts and performing the needed diligence before rendering a decision.
I WILL make a difference by making sure we protect our ocean views, greenspace and low profile.
And finally, I will listen twice as much as I speak and return your voice to the dais.
I ask for YOU to make a difference on March 9th by casting your vote for me. Scot Sasser”
…………………….
On MARCH 9, 2010… IT’S TIME TO GET LBTS ON THE RIGHT TRACK….
VOTE SCOT SASSER FOR DISTICT 1 COMMISSIONER IN LAUDERDALE-BY-THE-SEA…
IT’S TIME FOR POSITIVE CHANGE !…. BLOW YOUR HORN…..
more to come
