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Here’s The Scoop … Lauderdale-By-The-Sea Oct. 26, 2010 Commission Roundtable Meeting … Nothing Spooky About It …

October 24, 2010 by Barbara


Dear Readers …. When you come to this Oct. Roundtable in Jarvis Hall ….don’t come empty handed … This year’s Halloween Committee will be providing a way to offer more than candy to all costumed children who come to the annual LBTS Halloween event…..

“LBTS “Trick or Treat So Kids Can Eat” Food Drive
Please donate can goods and shelf stable items.
Items can be placed in our collection box located in Jarvis Hall.
The collection will continue through our Halloween event on 10/31″

The collection box will be in place by this Monday as the Committee begins decorating Jarvis Hall for the Halloween …for next Sunday night…



Tuesday night’s Roundtable meeting will be the first one in this trial to see if the Aventura model works for LBTS… As Town Atty. Weiss discussed when offering up this alternative to the new Commission at after they were elected in March …this is the forum the Commissioners use to ask all their  questions and discuss at length with each other and staff what has been put on the agenda by one of them or staff to assess whether there is consensus for the item to proceed to the dais at a Commission meeting…the need for the item to go to back to staff for further information and/or fact finding .. ..back to another roundtable for further discussion or the item is not supported by the Commission and it dies at the roundtable …Again, according to Mr. Weiss when he presented this type of governing …when the Commission meets on the dais they should not have to go through the same questions…have a 2nd-3rd bite at the apple …or need to insufferably “inform the viewers at home” …what they are hearing in the explanation put forth by the decisions made at these roundtables…The Commission at that point should be able…barring some new information that comes forth or public outcry should be able to come to the dais with a brief summary of their due diligence on the item and the reason they will vote for or against the item… If there is a change in the stance by any Commissioner after indicating that stance at the roundtable…that Commissioner should make a point at the beginning of the meeting during the changes…additions or deletions to ask it be taken off the agenda and return to the next roundtable for further discussion due to the possibility there will no longer be a consensus on the item to move forth…



WEDNESDAY, OCT. 26, 2010 – 7PM





a. Kite surfing (Requested by Vice Mayor Stuart Dodd at the May 26, 2010 Roundtable)

Backup- EXPLANATION: When the Commission last discussed regulating kite surfing activities we had decided to seek the input
of winter residents Since the season is approaching I would like to suggest we resurrect the work that had been done and
hold a special workshop on the matter at a time when the kite surfing community and the winter residents community as well
as our year round residents and business owners can participate
RECOMMENDATION: Set up a Workshop on Kite Surfing

BC- Readers will recall that this writer posted extensively on this topic including the specifics sent forth from those kite surfers who provided a report (in Town’s backup on website) …and the many meetings this contingency and those who opposed kite surfing came to sit through only to have the item deferred due to lengthy contentious Commission meetings due to bad dais behavior (one big reason behind the trial of 1 Comm/1 Rtable mtg)… This item was deferred to an afternoon meeting and the groups did not show up yet again…so former VM McIntee pulled it and it died… During the last campaign it was still a hot topic as the candidates now on the dais went condo to condo…both pro and con just as fishing on the beach was … The season condo owners were miffed they were not around and wanted both items to be addressed when they returned this year… Thus VM Dodd has put it forth…

b. Appointment of a Chairperson for the Easter event and the 4th of July event (Requested by Mayor Roseann Minnet at the September 20, 2010 Roundtable)

BC- Mayor Minnet brought this forth at a prior roundtable to make sure no more events were subject to crunch time from the start by not having a Chairperson lined up… The question still needing answering is does that Chair need to be a Commissioner… There is nothing in the code making it so…and we are told it has been done by others in the past… 4th of July needs the fireworks RFP to out this winter as other municipalities do.. and maybe an early start can combine the Chamber and Downtown businesses to have something in concert with a small town event…just a parade and fireworks ..with tourists and townies heading to the square for anything more… Also this year as Comm. Sasser put forth …a staff member should be in charge of the funds etc…

c. Recycling (Deferred from the September 20, 2010 Roundtable by Vice Mayor Stuart Dodd)

Discussion on Recycling residential trash How to reach State mandated levels within the time frame Choice
contract changes to make it happen Ordinance required to encourage recycling

BC- we have all seen for quite a long time that Vice Mayor Dodd is a big proponent of recycling just as Mayor Minnet is… VM Dodd looked into this more extensively after his recent trip to the UK and after seeing the rather large funds we as a town received in the past that have dried up over the years.. One place he looked into was Recylebank used in Hollywood … …. We understand this is a topic of interest between the Town and Choice as well …. as we move forth with Choice possibly using this method with the single stream recycling per their contract … Single stream was to start early on although it has not been made clear if it is in effect … and if so if residents are aware of it… Added into the mix is the tipping costs which are still unknown and if those costs will throw a wrench into the whole recycling idea and the Choice contract itself ….

d. Appropriation of funds received from liens & forfeitures (Requested by Vice Mayor Stuart Dodd at the September 27, 2010 Regular Meeting)

BC- VM Dodd asked at the Sept. 27, 2010 Commission meting following the first such case that came before the Commission if the funds received could be allocated to a specific use… The Commission decided it needed further discussion …

e. Guidelines for Roundtable items and discussions (Requested at the October 12, 2010 Commission meeting by Mayor Minnet)

BC- This one most likely should be moved to item a. this meeting…Mayor Minnet wants to clarify and define the roundtable meeting so they are all on the same page…as stated above the use of this forum is for lengthy (within reason) discussion ending in consensus of where the item goes …

f. Ordinance 2010-15 – Proposed business uses (Approved 1st reading at the October 12, 2010 Commission meeting and deferred for discussion regarding business uses)

BC- this was an ordinance that passed on 1st reading but the Comm. asked for further discussion on it at this roundtable to offer either a less specific ordinance on what was not allowed in order to bypass any new business being stuck if their business is not listed… The TAtty. stated it could be done in that alternative way as well as more generalized for the TM to have more of a say.. That is what will be addressed before the 2nd reading next month…to be more amenable to new business coming into Town in the future…

g. Create a Sustainable Environmental Committee in LBTS (Mayor Roseann Minnet)

BC-This was an item that came before the prior Commission…as it was a project to be done at the Aquazul …As a taxpayer…I have no problem with supporting any efforts as long as the Town is not paying …with the exception of using town property for the meeting place for the committee if there is a committee interested in doing this in order to meet the requirements to get DOE funding… The Town will need to  make sure there is a solid definitive agreement on the town’s role and liability in this project if approved ….especially after the whole Coral Reef fiasco which is still unresolved ….we are told.. Staff did not include prior Commission minutes on this item…

h. Resolution opposing the approval of Oil Drilling in Florida’s Waters’ (Mayor Roseann Minnet)

BC- the backup shows a resolution from the Broward League of Cities for no off-shore oil drilling …This writer is one of the small minority who does not believe off shore drilling is a bad thing…just as I had no problem with the gas port issue a while back (prev. posts)…

i. Resolution supporting the “Let’s Move Cities & Towns” campaign (Mayor Roseann Minnet)

BC- more feel-good resolutions like this… To offset childhood obesity…and to show support of Michelle Obama’s “Let’s Move” campaign …Spend more time on real issues …not countless P.R. Resolutions …

j. Entertainment District (Vice Mayor Stuart Dodd)

Backup- SUBJECT TITLE: Entertainment district
EXPLANATION: Request turned down by members of previous commission Define Commercial from AlA to the
pavilion and one block North and South as an entertainment district This allows relaxation of Open Container laws and
can provide other advantages to lift restrictions on permits define and encourage suitable new businesses coffee shops bars
restaurants sidewalk cafes while eliminating undesirable ones
RECOMMENDATION: Supported by BSO to make policing easier when events are held

BC-Readers may remember then- Comm. Dodd brought this to the dais after former TM Colon went undercover in a hat and sunglasses …we were told…to see if local bars were following the open container law… Comm. Clottey was undercover as well sans the hat and sunglasses in her observations…We were told at the time this came forth it came to Comm. Dodd via a restaurant owner and what is allowed in Fort Lauderdale…The BSO at that time said they are a bit lenient due to the proximity of the open bars and weekend events and those visiting as well as what detail officers could and could not do… They were for an entertainment district as VM Dodd puts in his recommendation…With  the in-process look at the downtown area …businesses and the Master Plan…this is the right time to re-visit the entertainment district… Staff did not provide the backup from the previous Commission meetings on this item …

k. Alley-Oop, Inc. Proposal – Skimboarding lessons and camps (Town Manager Connie Hoffmann)

Backup- SUBJECT TITLE Alley-Oop, Inc. Proposal

EXPLANATION: Alley-Oop Inc a new Lauderdale-By-The-Sea business has submitted a proposal to provide
skimboarding lessons and camps on the Lauderdale-By-The-Sea beach They are proposing a free Saturday clinics for all ages
and daily lessons and weekly camps for a fee Alley-Oop, proposing a 90/10 fee sharing arrangement This would be
something new for the Town and requires direction from the Town Commission
EXHIBITS: Report to Town Manager on Alley-OOP  proposal

BC- Kathy Margoles was the consultant on this… (This writer is no fan of Ms. Margoles from her past consultant duties…with the sewers and Sea Ranch Club as well as the tennis court lighting)… She identifies that permits are needed for events on the beach..She also states the town is not typically contacted with vendors for such uses …Ms. Margoles obviously was not made aware of the stance of no business or teaching being allowed on the beach per the kite surfing debacle (see above item back on the agenda)… The TAtty. /Admin. made that clear at the last go-round it was against the code… Was that not true?… Also, Ms. Margoles does address that no boats, surfboards etc…may be near bathers…That was addressed when the last Commission dealt with the fishing issue I believe… This reader does recall former candidate Marjorie Evans talking of sailing lessons for kids off the beach… This business is coming to town and the owners are intending to move into town as well the backup states…This subject ties into the item on businesses above…as well as the future planning of the town…as we will be dealing with what we offer …in recreation and tourism…with this..kite surfing…scuba diving to whatever coral reef project we end up with…as well as perhaps continuing the kiosk portion of the 2004 Master Plan for such activities on the beach as well as concession for beach chairs etc…and events such as volleyball and more…

l. Engagement letter with Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. (Town Manager Connie Hoffmann)

EXPLANATION: The Town Commission directed the Town Manager and Mayor to discuss with the Town Attorney ways
to reduce costs associated with legal services and the terms of the Town Attorney’s engagement
As background information the FY 2009/2010 budget for Town Attorney expenses was $470,000 however the budget was
exceeded for reasons everyone knows and the Commission appropriated funds to cover those expenses We significantly
reduced the budget for legal fees in the current fiscal year to $400,000
Based on the many complicated issues we are dealing with it will require that the Town Attorney Town staff and the Town
Commission be ever cognizant of the legal expenses we incur with our requests actions and directives so that we can hold
those costs within budgeted levels The Town Attorney has agreed to forgo the agreed increase in hour rates for the next two
fiscal years to assist us in controlling costs In addition she and her team have created standard RFP language and standard
contract language to be used in the future that should cut down on the time they spend in reviewing RFPs and contracts into
which the Town enters She has emphasized that receiving complete information and clear policy direction also significantly
impacts the time required to address Town issues
She and I agree that it would be very difficult to define a reasonable monthly retainer for her firm’s ongoing and predictable
services at this time but feel it is an idea that should be revisited after we get through some of these difficult issues and see
how the Commission’s new meeting schedule impacts the legal fees
RECOMMENDATION Consideration of Town Attorney’s proposal to forgo scheduled hourly fee increases and revisit
the idea of a combined retainer/hourly fee arrangement as part of the next budget cycle

BC- also contained in the backup is a letter from TAtty. Trevarthen with some explanation of the concurrence including the following concessions made ..

” The Town Manager and I concur that this may not be the best time to consider
implementing a fixed fee component The workload is high and is still in flux as the new Town
Commission and administration are revisiting and rethinking many issues in the Town We are
concerned that affixed fee that is based on the bills from the prior six or twelve months could end up
setting the rate too high to be representative of the Town’s basic needs
After considering the above receiving the input of the Town Manager and meeting with the
Mayor we have decided to make the following changes We will
Forgo the 5% increase for Fiscal Years 10/11 and 11/12
Charge actual costs instead of the 2.5% average cost factor
Formalize in our Retainer that the Town is not being billed for phone calls with the
Mayor and Commissioners on general matters
Beginning in Fiscal Year 2012/13  agree to a 3% rate of increase in the hourly rate
rather than the current 5% and
During the budget preparation process in 2011 if the Town Commission wishes we are
open to revisiting the issue of whether to pursue a fixed retainer amount for some
regular and predictable services while continuing to charge an hourly rate for other
services as has been done previously in the Town
We feel these are very meaningful acknowledgments of the economic difficulties currently faced
by the Town We hope you will agree and appreciate your continued trust in our Firm”

BC- This sounds at this time the best way to go …with an eye on an RFP in place before the next fiscal year… Also in the backup is the agreement signed by former TM Colon who ramrodded this law firm through in 2008 (prev. posts) not revealing until the meeting her association with the firm…This was  the first of many such instances of former TM Colon digging her heels in to get what she wanted from that Commission… In the April 3, 2008 agreement was a 5% annual increase for the firm that this writer and others were not aware of when the direction was given for an hourly rate that meeting in 2008…Hmmm…..

m. Parking Regulations:

i. Changes in required parking requirements and general public parking requirements (Development Services Director Jeff Bowman) pending

BC- This portion of the parking agenda items has to with parking requirements for businesses …as posted previously Chair of the MPSC Paul Novak spoke extensively of this last year at a meeting (prev. post board cat.) stating it was time to do away with the requirements that keep businesses from coming to town…He sited his own building in on Comm. in which he wanted to have a business for office use that required parking that in the long run made it unprofitable to use as a business and a storefront that a Fort Lauderdale Art Gallery had interest in but lack of the parking precluded them as well… He as well as others cited Las Olas as an area without parking requirements… Also P & Z V-Chair Yann Brandt wanted the P & Z to address this item in the code…which led to the item on a past Comm. Mtg. of the role boards play and direction needed before they can proceed and use staff and town funds… Walter Keller has offered up the current usage in town as well as past usage and what is done in Surfside and Delray Beach as well as a model from Connecticut …these are shared parking and one-time fee for parking approx. $10,000-20,000…Mr Keller recommends that if the one-time fee is looked into … it would need the code revised thus back to Mr. Brandt’s desire for the P & Z to address the code… Mr.Keller also pointed out “The use of parking exempt or reduced parking zones are utilized to stimulate business expansion encourage increased parking at existing facilities and to facilitate alternate travel modes.”

BC- Which should make the greenhouse gas-public transportation crowd and the business friendly crowd both happy campers … So back to the P & Z …and to the MPSC /Vision Workshops to find a place(s) for parking garage….with retail below and/or kiosk for water activities and/or public restrooms as wanted in the Master Plan in 2004 and now…Even former MPSC member and CIC member..Cristie Furth galpal Maryann Wardlaw came to the committee and said she was for a parking garage as suggested Peggy Mohler at the first valet parking meeting as Deerfield has…(prev. post)…Hmmm…

ii. Parking Code to be reviewed by P&Z (Commissioner Scot Sasser)

Backup-EXPLANATION: Commission to give direction to the P& Z board to review existing parking code for the business district
and make a recommendation on how to change the requirements to incent new business
RECOMMENDATION: Expected outcome will be a motion to direct P&Z to review and make recommendation on
parking code changes that will incent business growth

BC- see above item ….The Oct. P & Z meeting was canceled in what appears to be a snafu behind the scenes …when the Development Sec. tried to convene the committee after hard copy letters were sent out canceling the meeting (why hard copy letters?)…certain members were unable to comply having set up business due to the cancellation ….

iii. Parking a Municipal Park – Designating spots for park use only (Commissioner Chris Vincent)

Backup-SUBJECT TITLE: Parking at Municipal Park Designated spots for park use only

BC- Comm. Vincent provided no explanation on his item…But we thought the issue had been addressed at prior meetings…that backup was not provided by staff in this backup….

n. Updating Master Plan – create a strategic meeting (Town Manager Connie Hoffmann)

EXPLANATION: Discussion of Town Manager recommendations regarding a process for creating a strategic vision for the
Town and a plan to implement that plan which would include updating the 2004 Master Plan
RECOMMENDATION: An overview of the process suggested is contained in the exhibit to this agenda item
EXHIBITS: Memo dated 10/22/2010 from Town Manager re: Strategic Planning Process

Subject Strategic Planning Process
The Commission asked for my suggestions regarding how to go about updating the
2004 Master Plan I’ve read the plan documents and looked at plans that preceded it
and met with a number of residents who were involved in the 2004 effort to get some
insight into the process that was used and the aftermath of adoption of the plan then
prepared a somewhat detailed list of recommendations in the 2004 plan and tried to
define which elements of the plan were eliminated in whole or in part which were voted
down by referendum Commission action or recommendations from the Master Plan
Steering Committee and identified those components of the plan where things have
been done that are inconsistent with the plan
In the process of doing all of that it became clear to me that the 2004 Master Plan
clearly addresses the built-environment in the center of Town and at the entryways
speaks to some economic development issues but plays little attention to the
residential neighborhoods and does not address other strategic issues such as public
safety environmental issues protecting neighborhoods cost of government etc
My suggestion is that we work on creating a strategic plan and updating the 2004
Master Plan in two intertwining and ultimately merging tracks In this community
neither a strategic plan nor the master plan will succeed without significant public
commitment to the goals outlined in those plans That commitment can only built
through their meaningful involvement in a) defining the major components of the
strategic plan, and b) providing their input on specific implementation concepts that will
affect them significantly By the public mean taxpayers residential and commercial
residents business owners and to the extent we can involve them our tourists
I see us giving the public the opportunity to attend facilitated community conversations
where we ask them to engage in discussions about what aspects of the community
matter to them the most what their aspirations are for the future of the Town and what
commitments they are willing to make to help achieve that future followed by the
identification of the major themes and components they want to see addressed in a
strategic plan for the Town We would hold multiple sessions so we can reach more
people This is strategic planning at the macro level and the results of the sessions
would be consolidated and presented in another community meeting
Over the next several months the Master Plan Steering Committee will be meeting to
make their recommendations on how the 2004 Master Plan should be updated or
modified We started that process this week and I will continue to attend their meetings
and facilitate their discussions The MPSC has agreed to the idea of having speakers
come in to their meetings or special workshops to help educate all of us on time
tested principles and patterns of design of building communities that are alive and
harmonious and memorable so that they can begin to assimilate those principles or
patterns into the work they do in reviewing the Master Plan and eventually in playing a
role in implementing it We hope the public will attend these sessions and we will get the
word out about the invited speakers to the community at large
In due course the work of the Master Plan Steering Committee will be meshed into the
broad outline of the major themes and components the public has defined in the
community workshops on the larger strategic plan We will then invite the full community
in to provide input on what the MPSC has recommended We can also hold facilitated
community workshops on those aspects of the strategic plan that are not covered by the
Master Plan update and need to be fleshed out
I see myself and members of the Commission as facilitators of this process although
ultimately the Town Commission has the final say in terms of adopting the plans
I haven’t yet worked out a specific timeline for accomplishing all this but what I have
described above can be accomplished in six months time if we really focus on it That
means that will need the Commission’s assistance in maintaining that focus by
deferring assignments that have less importance to the ultimate future of our

BC- Readers know how I felt about the last MPSC meeting with the TM at the helm in her first visit… It did not bode well for future such visits in this writer’s opinion…The meeting if done right could have been one hour long with Ms. Hoffmann doing her presentation..and getting direct responses from the committee to the bigger picture after the exercise on connecting the important elements of what makes a town memorable and appealing were done…There was no need to go into the details and the short sighted commentary of this committee making decisions first with the public allowed to comment afterward… That runs counter to what this writer has been informed by those involved in such planning in the past… I also am quite leery of bringing any speakers to this group to face the same type of response… So some fine-tuning needs to be done either with the group itself and/or the manager’s plan of the MPSC working along with larger visioning workshops…

o. Status Report on the Multi-family properties with carts issue (Commission Sasser)

BC- There is no backup …but we do know that Comm. Sasser as liaison has had ongoing meetings with Choice /Asst. TM Bentley/TM Hoffmann and TAtty. Trevarthen to continue to find some relief to the inequity still placed on some residents in town from the Choice contract…

p. Red Light Camera (Town Manager Connie Hoffmann)

Backup- OOPS!…this was supposed to be Red Light Cameras…

BC-  This writer is not for red light cameras as previously posted…

q. Reverse meeting order to accommodate Public Safety Reports (Vice Mayor Dodd)

Backup- SUBJECT TITLE: Reverse meeting order to accommodate Public Safety Reports
EXHIBITS: Memo to Commission dated 10/15/20 regarding Public Safety Reports

From June White
Via Connie Hoffmann Town Manager
Date 10/15/2010
Re: Public Safety Reports
Previously Public Safety Monthly reports were submitted to the Commission on the 4th
Tuesday of every month When the Commission decided to hold the one regular
Commission meeting per month on the 2nd Tuesday of every month we asked BSO,
AMR and VFD to provide their monthly report for September by Tuesday before the
Commission meeting in October
BSO, AMR and VFD all indicate it is very difficult for them to submit them within such
a short period of time
I suggest that the Public Safety Monthly Reports be submitted to the Commission a
month later so that the October 2010 report would not be submitted until the
December 7, 2010 Commission meeting the November 2010 report submitted
January 11, 2011 and so on
If this is the desire of the Commission I will notify BSO, AMR and VFD of the new
schedule for submission of their monthly reports
Thank you

BC- Vice Mayor Dodd is putting forth that the Roundtable be moved to the 2nd meeting of the month with the Comm. Mtg. the 4th Tues. to keep the pubic safety reports current…



Backup online…

Meeting open to the public… on Comcast Ch. 78/ Livestreaming on Town website & archived …

more to come

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