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Here’s The Scoop … May 11,2010 LBTS Regular Commission Agenda … Early Alignment? …

May 10, 2010 by Barbara

ONE MONTH AND TWO DAYS EARLY …

BC- The May 11, 2010 Reg. Comm. Mtg. …the minutes are detailed and much improved…the cover pages give explanations…staff recommendations…. and even provides Acct. #s with balance $ amounts…..the Manager Report is now after the business of the meeting is addressed …the Town Clerk is making sure the budget meeting does meet on a Jewish Holiday….There are enough good people applying for the Boards …and willing to go on either P&Z or BOA which now becomes a night time gig and no Comms.  put anything on this meeting for new business…So can it be that LBTS getting aligned earlier than we thought was possible?…

TOWN OF LAUDERDALE-BY-THE-SEA

TOWN COMMISSION MEETING

TUESDAY, MAY 11, 2010 / 7 PM – JARVIS HALL

AGENDA BACKUP DOCUMENTS

1. CALL TO ORDER, MAYOR ROSEANN MINNET

2. PLEDGE OF ALLEGIANCE TO THE FLAG

3. INVOCATION – Reverend George Hunsaker

4. ADDITIONS DELETIONS, DEFERRALS OF AGENDA ITEMS

5. PRESENTATIONS

a. Presentation by Christine Sawyer from BSO External Affairs concerning the

“Operation Medicine Cabinet” take-back event scheduled on May 22, 2010 at

Jarvis Hall (Chief Llerena)

6. PUBLIC COMMENTS

BC- The Town Atty. spoke of most towns having public comments later in the agenda just as reports ..to get the Town’s business done first…The Comm. decided to keep it after presentations …

7. PUBLIC SAFETY DISCUSSION

8. APPROVAL OF MINUTES

a. April 12, 2010 Roundtable Minutes

b. April 13, 2010 Regular Meeting Minutes

BC- OK, what happened?… If it was Town Clerk June White that did these? …What took you so long?…They have detail!… With only one name “butchered” but easily edited…What a difference …So did they take extra hours?…What made it happen now?… Included in the minutes TC White states we do not have Granicus Minutemaker …others disagree…anyone check it out?…

9. CONSENT AGENDA

a. Installation of Turtle Shields. Although this item is within the Manager’s

purchase authority, we would like to make sure the Commission is

comfortable with the aesthetic appearance of the shields. Director Prince will

have a sample to show the Commission (Municipal Services Director Don

Prince)

BC- Canvas covers …that’s what the shields are made from…High Tech indeed…the cost of the lowest bidder is $1,815.00 for 33 for El Prado /El Mar Drive with the purchase 9 lights facing north/south in El Prado parking lot could be left on instead of the totally dark lot we faced prior in the last years…Town Staff will install…the funding comes from Minto and on the cover sheet it shows an acct. w/ balance of $6,653.60 “Funds distributed by developer” … also in backup was the proposed poles to use the shields on…and e-mail exchanges between Muni. Dir. Don Prince and Karen Schanzel of the FWC from April 2 & 12th …on the 2nd she gave him direction for the angle used to keep illumination down on the post and beach…She followed up with a visit and a second e-mail stating that the 9 poles will work but an additional 6 that were wanted by the Town adjacent to El Mar are a no-go…with the canvas product..After installation she will return to inspect …if she sees any visibility after…other solutions will need to be considered… This is why the shields were turned down a few years back… So canvas covers…fingers crossed!…

10. ORDINANCES – PUBLIC COMMENTS

1. Ordinances 1st Reading

a. Ordinance 2010-05: AN ORDINANCE OF THE TOWN OF

LAUDERDALE-BY-THE-SEA, FLORIDA, AMENDING CHAPTER 30,

UNIFIED LAND DEVELOPMENT REGULATIONS OF THE CODE OF

ORDINANCES BY AMENDING THE PROVISIONS APPLICABLE TO

THE PLANNING AND ZONING BOARD AND THE BOARD OF

ADJUSTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR

CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR

AN EFFECTIVE DATE (Town Attorney Susan Trevarthen)

BC- The new Comm. made some changes after the discovery that our P&Z/BOA boards were not in sync with the 2 year Comm. elections…and as such either the new Comm. was stuck with appointees on boards from prior Commissions that may not be in sync with the newly elected …or the boards would disbanded as they still serve at the pleasure of the Commission and the be dormant until the appropriate time kicks in via the Town’s ordinance…Now they will still serve 2 yr. terms but they appointed at the 2nd Town Commission meeting after the election…The Chair/Vice Chair shall be selected by the boards …

2. Ordinances 2nd Reading

11. RESOLUTION – “Public Comments”

a. Resolution 2010-07: A RESOLUTION OF THE TOWN COMMISSION OF

THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, ADOPTING

COMMISSION MEETING AND AGENDA PROCEDURES; PROVIDING FOR

CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN

EFFECTIVE DATE (Town Attorney Susan Trevarthen)

BC- This is the new procedures/protocols for the Commission which now in Resolution form can be “easily tweaked” if need be throughout the next 2 years and by the next Commission… included are the day Tues 2nd/4th of mo. at 7pm…Round Tables 2nd/4th Wed. mo. as needed at 7 pm…both with descriptions ….Special meetings which now allows for equality…not allowed prior of any ONE Comm. or Mayor or Town Mgr. calling for the Spec. Mtg….w/ no less than 24 hours..any shorter notice will need 2 Comms. “deemed necessary in case of an emergency affecting life,health, property or the public peace”….”immediately upon convening such special meeting,the Town Commission shall consider any determination of emergency, and may continue the meeting if an emergency is found by at least 3 Commissioners.”…Town Manager must attend as well and prepare appropriate backup and make sure relevant staff is present…Town Atty. also and only items on agenda can be discussed. …no additional items may be added to special meeting…Public posting at Town Hall..spec. mtgs. open to public…Robert’s Rules govern the meetings…but the Mayor may refrain from too rigid enforcement of such rules in order to expedite the transaction of business. The Mayo may make and second motions upon passing gavel to VM (Mayor Minnet was given back the ability to make/2nd motions by new Comm. but after she researched other municipalities asked to maintain the handing over of the gavel thus the change back)…Mayor is presiding officer …Mayor to determine questions of order…Mayor’s conduct of the meeting…can not veto …Mayor to maintain decorum at Town Commission meetings…giving “the broadest possible accommodation shall be provided for statements of personal opinion, but no one shall engage in personal attacks.” “proper titles shall be used at all times to contribute to a respectful and business like atmosphere. The Mayor may interrupt to maintain order and decorum, but such interruption shall not reduce speaker’s time.The Mayor is given the right and authority to require such person to leave Jarvis Hall, to be accompanied, if necessary, by Police Officer,in accordance with section 2-23. In the event the audience, or any part thereof, becomes unruly, the Mayor may either recess or adjourn the meeting.”…The new order of the agenda…as seen in this agenda …Commission discussion…limited to 3 minutes unless majority determines otherwise…will be allowed 2nd time or more until all have had opportunity to speak…questions directed to Mayor from Comm. to another Comm. on dais…Public Participation and Discussion..public hearings recognized by Mayor to speak…addressing Comm. manner-time…3 minutes public comment ext. allowed Mayor may authorize it…rules on coming up to dais…only w/ Mayor’s permission..1 warning before being ejected per code sec. 2-23…Commission Meeting Items with descriptions..including Comm. comments shall be utilized to provide informational reports-5 minutes…in a random order ….Old/New Bus. will provide for reasons for necessary action/ visual aids when appropriate…and specific action/motion desired by the Comm….agenda deadline per TM…TM Report…TM must attend all meetings…and provide progress report on all pending items/ events..not removed until Comm. says completed….Town Atty. Report…substantial matters presented …Commission Agenda Preparation…noon Mon. week of of the Comm. meeting…Round Tables the Tues. of the week of the RT meeting…Manager shall determine agenda closing for special meeting at least 7 days prior of date meeting ..placement of Comm. items on agenda…info on backup (fleshing out what the dates materials are etc…)…Minutes…TClerk shall have minutes ready for approval at next Comm. meeting id feasible…Other Procedures…Town Charter..no conflict w/ it by this Reso…Motion to Reconsider …can be made Comm. on prevailing side (pass/ or no pass) not later than the next Reg. meeting…Roll Call Vote..can be demanded by any Comm. for voice vote…Tie Vote..automatically fails…Action Agenda …circulated by TClerk within 48 hrs after meeting…Order of Seating…TClerk on left end (facing audience) TM on right end (facing audience) Mayor center w/ TAtty. to Mayor’s left or right…Waiver of Procedures “The intent of these procedures is to assure the smooth and efficient functioning of the Commission meeting, and to prioritize the completion of Town business. The procedures shall always be applied and interpreted to carry out the will of the majority of the Commission while giving due consideration to the rights of the minority. However, any Commissioner may propose to waive the strict application of the procedures in a particular circumstance. The procedure shall be waived upon a proper motion, second and approval of the waiver by a simple majority. A permanent change to the procedures shall be accomplished by adopting an amended Resolution”…

BC- By what kind of a Comm. vote for amending the Reso?…

b. Resolution 2010-11: A RESOLUTION OF THE TOWN OF LAUDERDALE-BY-

THE-SEA, FLORIDA, SETTING THE COMPENSATION OF AND APPOINTING

CONSTANCE HOFFMANN AS INTERIM TOWN MANAGER UNTIL THE TOWN

APPOINTS A TOWN MANAGER; PROVIDING FOR CONFLICT; PROVIDING FOR

AN EFFECTIVE DATE

BC- The fresh air that continues to come from the TM corner office is really something…The TM realized that by being paid $5,000 bi-weekly as written in her prior agreement she was allotted more than the $10,000 agreed upon when she was hired on April 26th!…She contacted the Comm., Int. Asst. TM and TAtty. to ask it be remedied …thus the new agreement and Reso 2010-11 to drop it to a bi-weekly rate of $4,615.38!…The rest is the same..”at will” employment..no no payout for accrual/ unused sick leave…

12. QUASI JUDICIAL PUBLIC HEARINGS

a. Commission is being asked to extend the approval of a site plan (Ocean

Terrace Beachside Condominium, 4564 EI Mar Dr.) for an additional six (6)

month time period by the owners Architect -Staff recommends six (6) month

extension (Development Services Director Jeff Bowman)

BC- This was originally approved Oct. 14, 2008…exp. date of 18 mos. (April 14, 2010)…Staff recommends the 6 mos. ext. req….an accompanying letter from the architect states it is in final process of permitting…after addressing the building dept. comments…the building dept final review on site plan did not happen…according to the letter…Why?…This place being out of commission since the balconies fell so long ago ….It was in front of P&Z in the past 2 years.. ….the dumpsters have been in front forever…and the DEP approved in July 2009!…Needs some answers from the building dept.!…

b. Commission to approve the placement of a shed located at 101 Commercial

Blvd. Town Ordinance 30-313 (31) requires Commission approval of

accessory buildings and a shed is considered an accessory building

(Development Services Director Jeff Bowman)

BC- Fresh air in the development dept. as well as Town Hall?…The staff is recommending this be approved!…The explanation the above and “Staff has reviewed the request and applicant does comply with standards outlined within the Code as depicted within the information provided. A building permit will be required.”…Accompanied was a letter from 101 describing a violation for outside chairs/tables and the need to protect them in shed…also was a 2nd violation for not having “green area” …no grass..wants astro-turf …to comply …and also 3rd violation for dirty oil drum ..no word on these violations…

13. COMMISSIONER COMMENTS

14. OLD BUSINESS

a. Appointment of Board Members (Town Clerk June White)

1. Board of Adjustment

BC- Applicants – Henry E. Overton/ Verenice Rappaport/ Helen Swinghammer (of note…Ms. Swinghammer is a CIC Board member who actively participated in the election. At Town Hall on the day of election she was heard by this writer & others spouting CIC falsehoods about the newly elected officials…including they would allow a casino in the newly purchased Holiday Inn…Will Clottey give her a seat?)…

Comms. can appoint some of the applicants who have put their name in for P&Z …they state in their applications they would serve on other boards…BOA is important…and now at night (1st Wed. of ea. mo.)

2. Planning & Zoning Board

BC- Applicants Yann Brandt/Arthur Franczak/Ben Freeny / Cecil T. Hanes Jr./ George Hunsaker/ Alfred Oldaker / John Oughten Jr./ Dennis Ritchie (/ Lawrence Wick (Clottey’s appointee?-prev. Chair P & Z and this would be his 3rd term)/Eric Yankwitt

b. Award of Bid for Annual Electrical Maintenance Services. ITB # 10-03-01

(Municipal Services Director Don Prince) Deferred at the April 27, 2010

Commission Meeting

BC-The explanation was the contract was rebid rather than extended…8 bids were shown on attached tabulation sheet …lowest bidder was Universal Electric of Fl. for 2 yr. contract…”For last 8 months we have expended $21,134 for electrical and street maintenance of which 60% ($8,715) is for electrical services. At current rate of spending, we estimate the fiscal year total to be about $20,000 for electrical services. Staff checked Myflorida.com and found no complaints listed for this firm. We also checked with several building officials, which did not know of any complaints. In addition staff spoke with the firms references and received positive comments. ( Int. Asst. TM Bentley revealed there had been no checking of ref. at prior Comm. mtg. it was deferred to do so)…Staff recommended lowest bidder Universal..

c. Award of Bid for Annual Streetlight Maintenance Services. 1TB #10-03-02

BC- Explanation same as for electrical maint. above …rebid no extension to current contract…the cost same as above elec. maint. at 8 mos. of service…30% street light maint. ($6,400)…est for yr $9,600…”Even thought the expense of this contract is below the $15,000 limit for written bids, we formally bid this contract as cost of repairs are beyond our control and could exceed the limit in a year.”…Staff checked as they did above elec. maint…found same responses ..rec. lowest bidder …same as for elec.maint. Universal Elec. of Fl….

(Municipal Services Director Don Prince)

Deferred at the April 27, 2010 Commission Meeting

d. Discussion and or action regarding the Chamber re-roof (Municipal Services

Director Don Prince)

BC- IT’S BACK…Explanation Discussion and or action regarding Chamber r-roof…Staff recommendation choose style, vendor and move forward with Re-Roof at the Chamber of Commerce…Acct. for Chamber (w/ acct.# shown) has balance of $18,285.00…Also in backup was memo from Muni. Dir. Don Prince with a rundown on the history as requested by Comm. last meeting…built in 1964/remodeled in 1994 to include current cupola (MPSC member Edmund Malkoon 1st alerted Comm. after seeing photo in Chamber /another resident Jerry Sehl sent Comm. photo )…Prince states companies can re-roof and keep cupola w/ no leaking problem…10/1/08 Prince got call about leak Advanced Roofing repaired at cost of $2,019.68…10/6/08 another leak Advance Roof cost $730,49…also found at 2nd leak 90lb. felt was “in poor shape, rotten facia board, broken tiles” re-roof was required…2009/10 Comm. approved $15,000 for re-roof (prev. posts it was in justification sheets ..for $30,000 and was never discussed to reduce)…Prince states Chamber has $18,285 in acct….How so..is some $ kept from the Chamber who still has not received their contract …or their full funding…Prince included quotes for metal/tile roofing recommends metal…lowest bidder/ tile 2nd lowest bidder taking into acct. their warranties… He also recommends Comm. waive any formal bidding requirement since the cost may be over 15,000 (any other unforeseen add. costs once the roof is off) …and authorize TM to approve those changes up to m20% of the contract amt…. Need Chamber input…

15. NEW BUSINESS

a. Commission approval to set Calendar from May through September 2010

(Town Clerk June White)

1) Schedule dates for Fire Assessment, Budget and Trim workshops and

public hearings.

2) Reschedule the September 28, 2010 Commission meeting due to the

Jewish Holiday of Sukkot. Recommend September 27, 2010 at 7:00 p.m.

or immediately following the 5:01 p.m. 2nd Public Hearing on the FY 2010-

2011 budget.

BC- AMEN!…

3) Commission recess during the month of August.

BC- VM Dodd has asked that we have one meeting in Aug. to offset the overload seen in Sept…as seen in prior years..

16. TOWN MANAGER REPORT

BC- This will be the first real report from the new Interim TM…With no Round Table until May 26th due to Sunshine Meeting (do not recall the Comm. forgoing Round Table …when it was discussed at prior RT)… This might be the opportunity to hear updates on Colon/Olinzock payout inquiry…TM search…an Audit…and any staff changes…along with budget…Technical improvements…and more…

17. TOWN ATTORNEY REPORT

BC- Dito…

18. ADJOURNMENT

BC- by 10 pm?…

Comcast ch. 78/ online … http://lbts.granicus.com/ViewPublisher.php?view_id=2

more to come…

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