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Here’s The Scoop … May 25, 2010 LBTS Commisison Meeting Agenda … Happy Campers …

May 24, 2010 by Barbara

WE SAW THIS COMING ….

TOWN OF LAUDERDALE-BY-THE-SEA

TOWN COMMISSION MEETING

TUESDAY, MAY 25, 2010

7 PM – JARVIS HALL

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

BC- Hopefully there will be no additions this meeting and there will be no additions going forth unless they are time-sensitive …One go round on any additions…more than that…send it to the Round Table … No more = “Happy Campers”…due to shorter meetings/ no surprises!…

5. PRESENTATIONS

6. PUBLIC COMMENTS

7. PUBLIC SAFETY DISCUSSION

a. BSO Police Monthly Report -April 2010 (Chief Oscar Llerena)

BC- Employee of The Month  Deputy Charles Pickell and Deputy John Melbourne for working with  a witness and victim of a robbery with Ft. Laud. PD  in late March. The arrest of the suspect was for narcotics and warrants of the suspect along with solving 2 armed robberies in Ft. Lauderdale … The “Programs ” section of the report …BSO-ATV /Polaris hours primarily on the beach was 85 hrs…The camera surveillance system is being updated due to the recent move of the BSO office… Sgt Doug Brown is handling business/residential security surveys and overseeing the neighborhood crime watch program and organizes and conducts routine seminars…there are still 2 sex offenders residing within town limits Dep. Pickell continues to monitor this sex offender tracking program…crime down 17.5% ytd overall …”Happy Campers”…due to enhanced report from BSO and the job they are doing!…

b. VFD Fire Monthly Report -April 2010 (Chief Robert Perkins)

BC- 36 Reg in-Town members/24 Assoc. out of Town members…27 fire calls/76 “1st responder calls (medical calls)…8 fire drills/5 water drills/10 specialized training …Beach Patrol 120 total hours…station watch combined members (49) 2784 hrs…2nd Qrtly Employee of month Ryan Dussia…Specialized training was CPR course taught by Toby Young (one attendee Exec. Sec. Cheryl Louvaris/Aerial Ladder training by CFSA Instructor …various days w/ practical-classroom apparatus – course- members Chavez/Conn/Hopping/Johnson/Louvaris (Sr. back on the VFD- now that Colon is out?)/McGirr/ Padden/ Paine- Fire Marshal/Silverstone/ Stairs/ Tobaschus …total training hrs 687…avg. response time 4:03..”Happy Campers”…at the VFD  with no TM Colon/McIntee.. “Man Around Town” Award goes to VFD Fire Administrator Danny Chavez…This guy’s name is popping up all over the place…He’s the “go to guy” who is actually “breaking bread” and “mending fences” with those some of the higher- ups in the VFD still don’t respond to…Smooth operator, Chavez!

c. AMR EMS Monthly Report -April 2010 (Chief Brooke Liddle)

BC- o:03:26 response 97% of all calls… This writer received an e-mail on Sat. from an AMR employee stating that AMR successfully aided 2 serious medical calls concurrently on Sat. w/ VFD…Although I asked for the details…no return response on the incidents…But if this was accurate…those in need of aid from EMS services on Sat. were …”Happy Campers”!…

8. APPROVAL OF MINUTES

a. April 20, 2010 Special Meeting Minutes

b. April 26, 2010 Special Meeting Minutes

BC- OK who did the minutes?…They are clear…concise and well done!…If this is what is to be the norm…This writer will be a – “Happy Camper” …

9. CONSENT AGENDA

a. Application to use Jarvis Hall for a Fish Fry on Wednesday, October 6, 2010.

The event organizer is the Lauderdale-By-The-Sea Chamber of Commerce

(Interim Assistant Town Manager Bud Bentley)

BC- How great is this ….we heard there would be no fish fry this year…and if this is a go with no demands placed on the Chamber with the change of administration…the Chamber and the attendees will be- “Happy Campers”…

b. Closure of North Tradewinds Avenue for a neighborhood block party on

Saturday, June 5, 2010 from noon to 6:00 p.m. (Interim Assistant Town

Manager Bud Bentley)

BC- Ok did she or didn’t CIC Chair Liliana Pomareda turn in the $100 deposit required to process her block party?..It was said at the last Comm.meeting it was required before the Town went any further…This was added on agenda tie night of the Comm. meeting by Pomareda -CIC “galpal” “Clueless” Clottey and it went on far too long for a woman who wanted to get one more thing from the commission…(Pomareda got the public comment changed ..time and order… a $56,000 road re-pavement…parking signage…and wanted to add her block party to her long list of “gets”)…But it did not go as planned and was sent to staff..thus the $100 dep. requirement…No mention of it in the backup for this item…While Pomareda stated it was for 8 houses …staff says it is “24 homes that will be affected” ..they “anticipate BSO will want the west closure at the north end of West Tradewinds Avenue visible to northbound drivers.”…It also states “The Town Code does not provide a process for the closing of a local road and we are unaware of a policy or practice of requiring insurance coverage for a street closure of this type. In this case the applicant advises they do not want to purchase insurance as it would make this volunteer event cost prohibitive  for the residents….”Staff recommendation: 1.Approve the street closure as requested with condition the applicant follow the instructions of BSO as to location and physical means of closing the street/2.The applicant shall control block party activities so traffic from homes within the street closure area may safely enter and leave during the hours the street is closed/ 3.By Friday May 21, 201o, the applicant shall provide written notice to all homes affected by the proposed street closure and the street closing application will be considered by the Town Commission at its meeting of May 25, 2010. Documentation that the notices have been delivered shall be given to the Town prior to the Town prior to the May 25, 2010 Commission meeting (not in the backup)/4.We further recommend the Town Commission direct staff to prepare an amendment to the Town Code so local streets can be closed administratively for short periods of time. A street closure proposed as part of a special event application would continue to be considered by the Town Commission.”…Will Pomareda be a “Happy Camper”?…This writer is a “Happy Camper “..with Int. Asst. TM Bentley’s determination/recommendations on this subject…BUT…no $100 dep. or documentation from homeowners on the street…no block party!…

c. Special Event -Cooperative Feeding Program’s Beach Party on Monday,

July 26, 2010 (Interim Assistant Town Manager Bud Bentley)

BC- This applicant did it properly…unlike CIC-Chair Pomareda …$100 dep./ notarized and witnessed…making staff/Commission “Happy Campers”!…

d. Special Event -Wedding on July 10, 2010 at the Sea Watch Restaurant,

6002 N. Ocean Drive (Interim Assistant Town Manager Bud Bentley)

BC- Ditto for this applicant…which is why no special favors for Pomareda…Commissioners!…

10. ORDINANCES -PUBLIC COMMENTS

1. Ordinances 15t Reading

2. Ordinances 2nd Reading

11. RESOLUTION – “Public Comments”

12. QUASI JUDICIAL PUBLIC HEARINGS

13. COMMISSIONER COMMENTS

14. OLD BUSINESS

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

schedule date and time for Fire Assessment, Budget and Trim workshops

and public hearings (Town Clerk June White)

BC- This is back after a little dais “tif” between the Town Clerk and the Town Mgr. …with an indignant June White stating “that’s how we always done it” to the gracious and patient new TM Hoffman…The Fires Assess/Cap. Assets meeting was to be at 5 pm on the 25th..no longer…The new calendar is the reason for this item…The cover letter from Hoffman states she met with the Finance Director and Town Clerk and are now proposing a new calendar They moved up the BSO budget to June 8th at Round Table meeting due to Clottey’s suggestion it be earlier and because the Asst. TM “did not think he could get quality work product done on the CIP by that date. CIP will be June 23rd…BSO sent preliminary figures last week but the numbers exceed the increase allowed by the Town’s contract with BSO (we knew this was coming ) …TM Hoffman “will be contacting BSO with a request for a budget proposal within the parameters of our agreement with them”…The Mgr. checked out VM Dodd’s request for a later start time for the meetings…and again the Town was informed it cannot be before 5:01pm…but allowable any time after…She and the staff are suggesting a 6 pm time …She enclosed a list of the “Budget Preparation Activity”..4-22 budget req. sent to all Dept. Heads/5-11 set budget schedule/5-25 Dept Heads Budget proposals due to Finance Dir./ 6-8 Budget Wkshop 5 pm Millage-Projected Fire Assess. Fee-BSO Budget/ June 23 Budget Wkshop at Com RTable 7 pm CIP-Other Major Budget ideas/ 6-30 to 7-1 Receipt of Assessed Valuation from Broward County Property Appraiser/7-13 Budget Presentation of TM’s Recommended Budget 6 pm wkshop/ 7-27 Special Hearing 6pm-Adopt proposed millage-Adopt proposed Fire Assessment Fee/ 9-13 Special Public Hearing 7 pm Adopt tentative Millage and Budget- Adopt Final Fire Assessment Fee/ 9-25 Special Public Hearing 6pm Adopt Final Millage- Adopt Final Budget…

Still need for the last 3 meetings to be at 7 pm for working people to be in attendance…”Happy Campers” for a 7 pm chance to voice their say…

NOTE to Town/Comm. please put justification sheets and changes made to  budget- etc… from meeting to meeting in the process available online for the duration !…

b. Commission review of RFP 10-03-01 for Audit Services and approval to

proceed with issuing it (Interim Town Manager Connie Hoffman) Deferred

at the April 13, 2010 Commission meeting by Vice Mayor Dodd –

Deferred at the Apri127, 2010 Commission meeting by Vice Mayor Dodd

BC- This was to address one of the biggest fiascos in the Colon “era” …with her preferred choice of Rachlin…1st by actions in 2008 and then by her 2009 RFQ (prev. posts) choice once more with her ” audit committee” again fro Rachlin…(A response from West Park after a PRR was made came last week with only the e-mails previously posted showing minimal involvement in the auditing commission process.).. TM Hoffman went back to the drawing board and we will put out an RFP …a revised draft using the desire of the Comm. for fees to be considered ..also by the time there is an Audit Committee the TM will have a summary page ready…The TAtty. has not yet reviewed the “substantial additions” made by Hoffman and that will be done before the meeting…Also she included a proposed schedule..5-25 Town Comm. decides on makeup and size of audit Committee/6-8 Town Comm. appoints members of audit committee and adopts Reso. outlining the committee’s responsibilities/ week of 6-14 Audit comm. meets to review RFP and set criteria/ RFP advertised-days following audit comm.mtg. – Deadline for RFP responses 7-14/ week of 7-12 staff reviews responses+ makes recommendations to audit comm./week of 7-19 Audit Comm. meets evaluates+ rank the proposals/7-27 Town Comm. reviews committee’s recommendations and selects highest ranks qualified firm or documents reasons for not selecting the highest rank qual. firm (req. by st. statue)/8-24 Town Comm. approves contract…audit would start a month later than normal, “but that is not a serious problem” it would still have final audit in March “which is far in advance of the statutory deadline for audit reports to be completed”…The State…Commission… Taxpayers are “Happy Campers” with the new TM’s RFP/ schedule and meeting st. statute requirements…

c. Report on the history of renting and attempting to sell the Town-owned

warehouse at 5421-23 NE 14t Avenue (Public Information Officer Steve

d’Oliveira)

BC- What’s up with having the PIO do this one?.. I have sent in a PRR after reading the backup for the materials used…there are many questions that come with the “answers”…Readers will recall that Colon/Olinzock pushed for a non-commission contract with bringing forth Advanced Assets to do the job at a low rate…What they did not reveal was the previous use of this company and the Realtor (does not even have a website)…The Comm. gave a 6 month time frame and then never received anything back from the terminated duo except for a runaround when pressed on it from time to time…d’Oliveira points out the 6 month agreement but states “Even though the contract had a written notation indicating the agreement was for six months, in reality it was effective for one year.”…On who’s authority?…It was to come back to the Comm…He adds what we already knew the bulk of showing were in the first 6 mos. and after that it was answering questions…The company invoiced the Town for $10, 625, “did not detail what was done to market the property” ..later the firm sent 4 “summarized work effort reports with details from July 17, 2008 ending in July 10, 2009. The consulting agreement with the Town proposed to list the property in local media print, websites and multiple listing services” with signs, brochures and showing the property…2x it was in Sentinel official notice in June 2008… also included was a Feb.11 2010 memo from Colon to Comms. stating they chose not to hire a Realtor (advised by her and JohnO) and staff would prepare an RFP if the Comm. wanted to now get a Realtor (too little, too late)..d’Oliveira states he watched the video and that no one knew there would be no MLS by not hiring a Realtor although the Mayor states the company will do so..(Again Colon/Olinzock should have come back and advised as soon as they knew fro further direction from the Comm.)..Steve looked into tax exemptions/leasing issues and what is stored there now… What is really a big question is d’Oliveira’s statement that the former TM recommended in Feb. a $175,000 reduction in the price..to the Comm. …I want to see when that happened!… The blunder of the terminated duo Colon/Olinzock again cost the Town…and made the “wash” of buying the crappy hotel a scam…The only thing to do now…keep the warehouse and rent space… no “Happy Campers” except the company that made a cool 10 grand!…

d. Video streaming and available enhancements to Granicus (Town Clerk June

White)

BC- We can have it..webcasting of all the meetings of MPSC/BOA/P & Z and have them archived with backup materials…We can also have minutemaker  if we have a trained Town Clerk like the one June White replaced…and we can have notices to the public when new info becomes available …I caution to take a pass on the Town Clerk’s take…get rid of her and get a qualified computer savvy clerk and there will be no need for a “deputy/office specialist” who can then follow her out the door!… “Happy Campers”…on both fronts an updated system and a new Town Clerk!…

15. NEW BUSINESS

a. Year to date FY09/10 General Fund Budget Analysis (Director of Finance and

Budget Kaola King)

BC- Comm. Sasser asked the Finance Dir. for a report with some changes from the ones we have seen in the past…Here it is…it shows a graft of the monthly revenues collected from Oct.-April for the Gen Fund $11,869.910 and it compared them to prior yrs… in 2009/10 as of 4/30 we have collected 81% of the budget…which is pretty much on par with prev. yrs. that range from 72% in 2007-08 to 82.2% in 2006-07 …She included the largest revenue sources..advalorem 90.67%…fire assess 91.24%. ..utility taxes 49.86%…franchise taxes52.20% ..intergovernmental 52.45% with commentary…Advalorem collection “surprisingly” is ahead of last yr…actual dollars collected are less because of maintained millage rate $800,000 less than last fiscal yr./ Utility rates increased so Town collecting more/Franchise taxes have not rec’d April’s  from FPL-Waste-Gas-Towing so #’s lower then when they close out/ Intergovernmental  state revenue is running close to budget, rec’e in timely manner…Expenditures Oct-April total $7,065,944.48 …compared to prev. yrs…on par ..2009-10 78.5% of Budgt…2006-07 74.2% ..2007-08 81.3%…Largest Gen. Fund Expenditures…Administration 60.23%…Town Atty. 43.22%…General 10.23%…Public Safety 57.77%…Municipal Services 54.85%..Commentary… Administration “Due to pay-out made to former Town Manager, the expenditures in Administration are running ahead of budget. A budget amendment whicch will require an appropriation from contingencies will be submutted for Commission approval now that inquiry into pay-out is completed.”

BC- Who says it is over?… Plus…Readers who look at the backup minutes for April 26, 2010 will see the Town might have had the option to pay the former TM in monthly pay-outs as well as not paying out a good portion of the monies that were not warranted for the pay-out! ..

Town Atty. “Bert J. Harris billings are running lower than projected but Commission meeting have been running longer, the addition of the Roundtable meetings and and a number of special meetings have contributed to attorney costs. Note: April invoices are not included and are expected to be significant.”

BC- Need new RFP for Town law firms …and a contracted agreement gong forth…soon there will be one Commission meeting and one Roundtable meeting…plus an Administration with dept. heads that will require less Atty. time…

Public Safety ” A large percentage difference is nothing to be concerned about due to the full, yearly contract amounts are encumbered at the beginning of the fiscal year and liquidated monthly.

Municipal Services ” The expenditures in Municipal Works are running ahead of budget due to projects expenses including it’s relocation to the Public Safety Complex, Jarvis Hall Improvements, lighting improvements, signage and replacing fixtures with energy conservation parts.”

BC- This was the “dog and pony show” of using these services to cover for the real costs involved with the crappy hotel renovations and moving  etc…

BC- It’s a start…but still want to know …what’s in the 11 Sun Trust Accts.?…and Why 11 Accts.?

b. Status Report on the Town’s preparation for dealing with the impact of the

Deep Water Horizon Oil Spill (Municipal Services Director Don Prince and

Interim Assistant Town Manager Bud Bentley)

BC- Prev. post of what came our way…since then Gov. Crist declared State of Emergency (Exec. Order)…The report shows they contacted Beach Raker, Grubbs and PBS&J advising what would be required by the Town if need be to assist in effort of oil spill…Grubbs/PBS&J on 24 hr. notice- Grubbs pre-positioned its equipment in area and ready to assist…Beach Raker monitoring situation wking w/ DEP

c. Discussion and/or action – opening of pier access alley (Mayor Roseann

Minnet)

BC- Included was the Feb 5, 2009 e-mil from then-Chen Engineer Shaun Bamforth JohnO to Dev. Dir. Bowman of requirements per Chen & Assoc. for alley to be opened …Right of Way permits from county…surveys…Design plans… This was brought up again at last meeting…With the 4th…and upcoming work to be done on drainage along with valet services…let’s get this going…forget the past Commissions part time opened and used …Get rid of beach access down the alley…it’s only 1 store away from the Pavilion entry to the beach…open it for full time access from Pier..no gates…no box …no problem…”stuck Pier customers …..”Happy Campers” with access from the alley!…

16. TOWN MANAGER REPORT

a. Report on payout to the former Town Manager

BC- previous post…

b. Pending assignments/projects list

BC- …. Great just great…the report begins with the status of ordinances…the Administrative issues…such as districts…Town technology- Granicus /outdated technology…Personnel Policies also outdated “issues revealed in Colon payout inquiry”…Budget…analysis of contingencies and reserves…Capital improvements…all the projects ( El Mar/A1A/ Strmwater+ bathrooms…Development issues …the man who was caught in a catch-22 in code changes…Events…July 4th/revisions to special events policy (see above consent agenda block party)/ Financial Matter ..Colon Payout-Internal Controls “Need direction from Commission whether an audit/ analysis of bank transactions is desired/ Banking Services Agreement “Need to review existing agreement and practices (i.e. multiple bank account) for efficiency & effectiveness….RFP for Audit Services …Cash Report…”Have gotten format that another city uses & will be preparing a similar report for LBTS… Other Action Items..Choice  “Bud has met with Comm. Sasser and w the Town Attorney to clarify issues. All 3 to meet next week to finalize issues to be discussed with Choice. Bud, TA & I met 5/20 to determine what solutions can be handled administratively & which require ord amendments. Bud to draft amendments…Use/ possible lease of warehouse ” PIO researched records and prepared report. Awaiting info from appraiser on approx. lease value…Traffic issues ..Imperial lane “Bud reviewed Town Engineer plan; may be some citizen opposition; Town Eng has recommended a stop sign in addition to temporary “choking” of the road; need County’s approval for trial implementation & will seek it…Speeding on Seagrape “BSO has scheduled periodic traffic enforcement”…Trial Valet Project”Meeting held on 5/17 with interested parties. Some disagreement on proposal. Staff indicated we would flesh out a trial period plan & bring it to the Commission Roundtable on 6/9 & for formal approval on 6/23…Open outlet from Pier pkg lot…”Bud met with owners regarding their interest & willingness to comply with traffic engineering requirements for safe access from alley..Completed Assignments…Jarvis Hall lighting..

BC- some items not on progress report should be on a TAtty. progress report such as Ethics /Code of Conduct which were campaign promises being held up by the constraints put on TAtty’s with payout inquiry…

17. TOWN ATTORNEY REPORT

a. Oil spill and the legal implications and recommendations on actions to take

now

BC- Questions and answers about ho we can sue..if we can be compensated for loss of tourism and loss of income/profit-yes…How you prove it…submitting a claim…no cap on monies spent for clean-up..cap for off-shore wells..$75 million..Congress considering raising cap by $10 mil./ it will be challenged..if retroactive as desired… Where it would be filed …either federal or state court… Oil Spill Liability Trust Fund  http://www.uscg.mil/npfc/About_NPFC/osltf.asp …What the DEP is doing (see above item + prev. post)…

Weiss, Serota recommend Immediate contact and coordination made with the applicable FDEP District Office/Immediate implementation of stringent record keeping on city/county since future reimbursement of expenditures will be dependent on these records/Obtain necessary forms/programs in order to make reimbursement requests under initial BP grant.

BC-Records…maybe we have a fighting chance under Hoffman-Bentley!…

BC- Town Atty.needs to do a similar progress report as the TM has done…

18. ADJOURNMENT

Public welcome.in Jarvis Hall ..on Comcast Ch. 78…Town website http://lbts.granicus.com/ViewPublisher.php?view_id=2

more to come…

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