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Here’s The Scoop…LBTS 1/27/09 Commission Meeting…cont.1/28/09…The Rest Of The Meeting..

February 1, 2009 by Barbara

THE REST OF THE MEETING…1/27/08…continuation…..1/28/09 …

http://webpages.charter.net/mmjckc/mspace/IMG.JPG

(check out previous scoops & LBTS agenda/meeting categories…Comm. Dodd/ Vice Mayor/ Comm. Silverstone comments…)

Mayor Minnet comments…also found online at her website...http://www.roseannminnet.com/

‘want to thank everyone for being here tonight. I also want to acknowledge everyone who wrote e-mails to me in reference to the fire prevention schedules.

This past weekend I had the pleasure of riding on the Pelican Hopper and met many of the town’s residents and tourists. I rode around town and stopped at various communities and asked them to please ride the Pelican and keep this valuable service in our community. I want to thank the many who e-mailed me and also called to say what a wonderful time they had on the Pelican Hopper. The driver was most courteous and the bus was exceptionally clean.

I also want to thank the Planning & Zoning and the Master Plan Steering committees. I stayed for part of the meeting and then watched the rest at home. I could sense a feeling of working together and openmindedness in all the members.

On tonight’s agenda there are many initiatives for sustainability and many of these can be expanded upon to promote positive rejuvenation within our business and hospitality district. Let’s work towards preserving the establishments we have, maybe allowing less stringent requirements and giving incentives for remodeling and renovating. Maybe work with individual owners on a case by case basis and if they can provide certain criteria, allow them to work within separate guidelines. I am sure the Master Plan Steering and Planning & Zoning committees are on the right track. With positive dialogue and open communication, accomplishments will be abounding.

The ribbon cutting for the public safety facility will be on February 2, 2009 at 5:00 pm. I hope to see everyone there.

I’d like to thank staff for all their help and guidance and as always I want to thank the residents and business owners of this enchanting community for all your dedication and service to this town.

Thank you.’

Commissioner Clottey…Thanked the Town Manager for reducing your taxes…spoke of a 20% predicted for municipalities to come…the process of updating codes….speaking of letting “sleeping dogs die” …and “brilliant ideas”…a volatile combination that “makes everybody come out of the woodwork”…She has a problem with the unified land code…seeing it as “problematic”…and stated she is not a proponent off change…just for the sake of change….that we are neighborhoods who’s individuality should be preserved…and we should not try to make the Town into a “planned community”…She “digressed” in acknowledging that the north did not understand the “uniqueness of Lauderdale By The Sea”…that some have been vilified…speaking then of term limits and politicians…beach access and building heights…being a longtime problem…even to the point of murder…http://www.4dca.org/Feb%202005/02-09-05/4D03-1914.pdf.

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT JANUARY TERM 2005
WALTER DENDY,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
CASE NO. 4D03-1914
Opinion filed February 9, 2005
Appeal from the Circuit Court for the Seventeenth
Judicial Circuit, Broward County; Ana I. Gardiner,
Judge; L.T. Case No. 01-3609CF10C.
Fred Haddad of Fred Haddad, P.A., Fort
Lauderdale, for appellant.
Charles J. Crist, Jr., Attorney General,
Tallahassee, and Sue-Ellen Kenny, Assistant
Attorney General, West Palm Beach, for appellee.
PER CURIAM.
This case is a tragedy of escalating animosity
between neighbors.
Appellant Walter Dendy and the victim, Leonard
[email protected] Houda managed real estate in Lauderdale-By-
The-Sea. Houda ran Souter=s Resort, located on the
east side of A1A. Dendy managed the Edge-Mar
Condominiums, located directly across the street.
Two of Souter=s units were located within Edge-
Mar. For a time, tenants of each property used the
amenities of the other. Tenants of Edge-Mar
accessed the beach by using a passageway through
Souter=s.
Following numerous disputes between the two
men and instances of vandalism at Souter=s, Houda
was the victim of a sulfuric acid attack which
eventually took his life. A witness saw a man (later
identified as Neal Bross) throw acid from an Igloo
cooler on Houda, as he was opening his car door in
a Publix parking lot. The police spent approximately
one year turning up details of the crime. The
investigation
uncovered
a
murder-for-hire
orchestrated by Dendy.
After a jury trial, Dendy was convicted of second
degree murder. The most significant state witness
was Emilio Charafardin.

BC…interesting factoid…Marc Furth is in the the appeal document as being with the suspect (his next door neighbor) when the police came to speak to him….

‘On appeal, Dendy challenges the admission of his
statement to the police.
Dendy and the state presented conflicting stories
concerning Dendy=s requests for an attorney.

Tried by a separate jury, Bross was convicted of
third degree murder, a lesser included offense of
second degree murder.

On direct examination, Charafardin also testified
to being arrested six times.
A few days after the attack, Sergeant Kenneth
Erwin spoke with Dendy in his neighborhood,
looking for information about the incident. He did
not recall Dendy asking for an attorney.
However, Mark Furth, a city commissioner and
hotel owner in the neighborhood, was with Dendy
when Erwin approached him. Furth testified that
the officers pulled Dendy away to speak to him
privately; before being pulled away, Dendy asked if
he could have A representation of . . . his [email protected] or
if Furth could be a witness to his interview with the
police and Ahe was [email protected]

‘Acid Death Trial Update: Verdict In
Thu Aug 11, 6:40 PM ET 2005

Two men who killed a man in an acid attack have been convicted again.

The 2003 convictions of Walter Dendy and Neil Bross were overturned when
a judge ruled that their Miranda rights were violated because
investigators didn’t tell the men their attorney could be present during
questioning.

Thursday, the jury found Dendy, 69, guilty of second-degree murder and
Bross of third-degree murder.

Dendy paid Bross, a maintenance man, to douse his neighbor, Leonard
Houda, with sulfuric acid.

Dendy was president of the Edgemar Condominium Association in
Lauderdale-by-the-Sea. Houda managed the neighboring Souter’s Resort.
The two had a long-standing dispute over a parcel of oceanfront property.

The attack happened in the parking lot of a Publix store in 2000. Houda
later died 11 days later at a hospital.

Another man, Emilio Charafardin, was sentenced to 25 years in prison for
driving the getaway truck and helping plan the attack.’
Commissioner Clottey went on….to then speak of the death of Cristie furth’s father  and her recollections of Cristie Furth’s activism …over the years…the Furth’s love of the Town…”The Town is their baby”…and “whether you agree or disagree’ with them they have done a lot…forging ahead she spoke of “controversies”…”misunderstandings”…”assumptions”..”having respect”…”common sense” and looking for “clarity”…

13-Resolution…Fire Fees…more discussion from the 27th..eventually tabled 4-1…although it appeared McIntee and Silverstone wanted to push it through, despite promising those present the day before it would be tabled…

This writer has heard there is still an inequitable fee pricing  to be included…wwith the declaration from the Fire Department…the “2 Hats”…and the Manager it will be approx. $3.40 per apartment…multi- family homes having over 3 units…will be paying approximately $30 per unit…for inspections that will not require a fire truck..a full day or two of inspection time…but rather approximately 15-20 minutes!…HMMM…

14- Quasi Judicial Hearing…the single family home on El Mar…(previous boards/public notices/LBTS agenda/meetings categories Nov-Jan)….lots of confusion over this…with what was before the dais and what was not……with the Town Attorney advising the Commissioners at the end…they were only to decide the variance before them…5 feet setback on the north…not the height…which was the “elephant in the room”…with most of the discussion being grade and an ever growing height ..23 ft…56 ft..48.5 ft…46 ft…and various interpretations of the code…charter…zoning…Overlay District repeal…and showing the need for a first rate Development Director….and some calls  that need to be made to those who instituted them…who now say a variance would be required under our charter 7.1…paragraph 8 and 9…The applicants received their variance 4-1 Mayor Minnet dissenting…

BC…the Town Attorney said the permitting would not be allowed if the building department/County  found they did not meet the code…AHHHH…isn’t this deja vu…ala Oriana?…This writer would hope the Commission would offer a variance in this case……but would not leave the our present building department to make the final call…….Sorry  but his is unacceptable…a development department being run by unqualified personnel…with the Assistant Town Manager at the helm…having no expertise in this area…repeatedly providing no backup…no research…no opinion…no commentary…to the BOA…P & Z or the Commission…

Crass moment of this proceeding…with a familiar response….

Vice Mayor McIntee asked the applicant the fair market value of the property…(totally uncalled for)…and the applicant’s wife put her head in her hands…a flashback to then- Battalion Chief Pointu having the same response from the Vice Mayors “singular” offer to Paul Novak of the VFD giving the Chamber $5000 dollars the VFD did not have …and were not privy to…(the offer was pulled..with lame Mc-excuses made to cover-up the Vice Mayor’s grandstanding)…(previous posts VFD &  LBTS agenda/meetings category)…YIKES!…

15 Old Business…

a Discussion/ and or action “2 Hats” Referendum….originally put on by Comm. Dodd…put on incorrectly for workshop on codes…as being Comm. Silverstone’s agenda item…corrected…was tabled from 12/1/08 …pending that 1/13/09 workshop…by the Vice Mayor…who then tried to “pull a fast one” by pulling it!…Not so fast …it will return…per the Town Attorney…it was not handled right…all the more reason for it to return…because the Vice Mayor doesn’t want it!…

16. New Business…

a. Adopt A Street signs…Mayor Minnet…WOW!…this one showed no one was paying attention to the explanation offered up by the Mayor…thr Vice Mayor pounced..and Commissioner Clottey called it “sign pollution”…tabled until March 4-1 Mayor dissenting…

The point..Adopt A Street would not continue with the Town without signage…so by March…it may be Ka-put…anyhow….

NOTE…B & C were mixed-up in the meeting…

b. Reward Program for being “green”……Mayor Minnet..first of the “green-bundle”…put on by the Mayor this evening…citing Parkland …the Mayor was asked by other commissioners about the incentives…the rebates etc…

c. Commemorative Tree Policy…Mayor Minnet…again using Parkland for reference..staff will research it…and come up with policy and criteria..

City of Parkland link…http://www.cityofparkland.org/

d. Valet Parking…tabled until 2/10/09…

e. Commission consideration advisory board LBTS Environmental Sustainability Committee..Mayor Minnet…all the Commissioners liked it…BUT…a few had their sights set on the Mayor putting forth Yann Brandt ..as a possible member…due to his business being solar…and a conflict…(Ahh the irony)…Yann is not a commissioner…and as the Vice Mayor said about the Palm Club…”details”…

BC…you have businessmen and women  on other advisory boards…who could fit the same criteria…could this be “fear of  a possible Commissioner opponent” in 2010?….

f. pier access was voted on…but this writer hears “Peanuts” in the “pocket “of the “Broom Boys” of late is making calls to stop the access…citing a danger…beach access…etc… In this writer’s opinion stick with the vote…and listen to the BSO Chief …and the residents who actually use the pier parking…

Also…follow through on  Aruba’s Manager Guy Contrada’s suggestion of cutting back the Commercial median…and making it 2 lanes again…

g. Lifeguard Referendum…Comm. Clottey…she would like this included int he “laundry list” of items …whenever this referendum comes to fruition…with language that includes the costs…short down by the “2 Hats”…the Commissioner should push forth…”let the people decide”…remember?….

h. Jarvis Hall used for profit…Comm Clottey…She recounted a situation that was done with an “assist” by staff …playing with a “loophole” in the rules…it allowed a woman to get 1 room at the Lauderdale Beach Hotel…have their personnel request the hall…which cost the deposit…that was returned afterwards…thus the woman…had the hall made money (?)…from the cheerleaders in attendance…and profited from free use of the facilities at the taxpayers expense…

A look into this will ensue…

This writer found Home Depot using the facility the night before the Garden Club’s luncheon…what gives?…

The Commission needs to re-visit this lame change made early on last year at the Vice Mayor’s insistence…despite being told his ruling of the hall being for residents only was not the intent of the man who built it…

It should be open to all persons…as it was intended…and it should be for residents first…with a charge for outsides to use it…and only with Commission approval…

adjourned….

ALERT….MONDAY 5 P M RIBBON CUTTING LBTS PUBLIC SAFETY COMPLEX….new sign is in place…

ALERT…TUESDAY 5 P M…ROUND TABLE…TELEVISED/ONLINE…PUBLIC WELCOME…

more to come….

Post Division

Here’s The Scoop…LBTS …1/13/09…Agenda…

January 13, 2009 by Barbara

1/13/09 Regular Commission Agenda…

OVERVIEW….

4…Presentations…

c. Lifesaving Award to Mark Mitchell (Mayor Minnet) Request to table…

BC…it was tabled due to Mr. Mitchell being out of town…originally proposed by Comm. Dodd…previous posts about the heroic save …and the ever-changing versions  that came after it…

Mr Mitchell was THE Hero…and the award with a life preserver…says as follows…’Lifesaving Award Presented to Mark Mitchel For his heroism and determination in saving another on October 25,2008 Issued by the Governing Body of Lauderdale- By- The-Sea, Florida Mayor Roseann Minnet’

7. Town Manager Report….

a. Open House for Public Safety Building…

BC…backup…just a Jan. calendar…

b. Proposed Residential Parking Only…

BC…this is for the “infamous” Wings parking …and included was a March 20,2008 survey done by B &B Land Surveyors..of Cooper City…http://bblandsurveyors.com/_wsn/page4.html

for what cost?….Lots of questions still about why in the world the Wings owners would have given up this piece of property for 10 parking places…when it is said they will have apartments upstairs?….we do not need residential permit…(also item 12 f. consent agenda)…if the new parking metered ordinance is accompanied by residential permits…that will give 2 or 3 hour parking anywhere in town….

Now about the Mack Groves sign…use it for parking for the town…replace the Mack part…with Lauderdale By The Sea…Public…above the parking….

c. Local Agency Program (LAP) Grant…

BC…listen closely MPSC…this is for GRANTS…the kind you were discussing at your last meeting…A1A…(A1A Streetscape is discussed later consent agenda item 12 g. Chen and Assoc. for A1A Streetscape…as discussed at the Mar.25,2008 workshop…when the pavilion w/o walls was not …based on the 2004 Master Plan 3.3.2 page 28)…

Broward County will discuss 1/13/08 Scenic Highway…

http://www.broward.org/commission/welcome.htm

AI-1211     25.
Broward County Commission Regular Meeting
Date:     01/13/2009
Director’s Name:     Cynthia Chambers
Department:     Environmental Protection     Division:     Metropolitan Planning
Information
Requested Action
MOTION TO ADOPT Resolution supporting the designation of State Road A1A in Broward County as a Florida Scenic Highway.
Why Action is Necessary
Board action is required to adopt resolutions.
What Action Accomplishes
Adoption of the resolution supports designation of SR A1A in Broward County as a Scenic Highway.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/ Background
The Broward County Environmental Protection and Growth Management Department, Metropolitan Planning Organization Division recommends approval.

Over the years, the Corridor Advocacy Group (CAG) composed of the general public and local government elected officials, including members of their staff have worked to achieve scenic highway status for State Road A1A from the Palm Beach county line to the Miami-Dade county line.

In 2005, the CAG achieved “eligibility” status for SR A1A through application with the Florida Scenic Highway Advisory Committee. Since that time, CAG members have worked diligently to develop a designation package for state review, compiling historical, cultural and recreational material. Resolutions of support have been approved by the cities of Deerfield Beach, Hillsboro Beach, Pompano Beach, Sea Ranch Lakes, Lauderdale-by-the-Sea, Fort Lauderdale, Dania Beach, and Hollywood. It is anticipated that the City of Hallandale Beach will take positive action at its meeting in January 2009. Additionally, at their meeting of December 2, 2008, the Broward County Historical Commission voted unanimously to express their support of the corridor’s designation, subject to the Broward County Board of County Commissioners’ approval of this resolution.
Fiscal Impact
Fiscal Impact/Cost Summary:
There is no fiscal impact directly related to the designation of SR A1A in Broward County as a Florida Scenic Highway.

Attachments
Resolution
Brochure

8. Approval of Minutes…

a.Nov. 25,2008

b.Dec.1, 2008

c.Dec.16 ,2008 Workshop

d. Dec.16, 2008

e. Dec 20, 2008

BC…remember when there was a an “uprising” over the previous Clerk not getting the minutes out and approved ASAP?…

On Nov. 25th page 19 New Business…item 16 d..Comm Dodd put on the item that  was carried over to Dec.1,2008…meeting after recess…for Referendum for a Charter change to take effect after the next election in 2010 to prevent a conflict of interest ever occurring between employment with a public safety provider for the Town of Lauderdale- By- The- Sea and that of an elected official…it was discussed with some “snide” comments coming from Comm Silverstone….so imagine this writer’s surprise when a look at the 5 pm workshop has Comm Silverstone attached to the item….OOPS!…Gave the heads-up to Nikki at Town Hall…at the Dec. 1st meeting it was tabled to a workshop by the Vice mayor…2nd by Comm. Clottey….

10. Ordinances…

a. 2009-01…amending chapter 19 of the code of ordinances by amending 19-25 of the code or ordinances to eliminate the waiver of certain metered parking fees and by creating section 19-28 of the code to establish metered parking rates…

BC…backup shows a lot of crossing out…of “covered…and waived parking fees”….and a Dec 29,2008 chart of comparison…for annual permits and town wide charge…

Annual permits…staff recommendations…

A….For use in any Town meter except beach….

Employees…$200/ Resident….$50/ Outside …$300/ Senior….$27.50/ Hardship…$100/ lot…N/A….

B ….Designate  20 existing resident spots to beach parking only

Beach….$15

C…..Annual Permit For El Mar or Bougainvilla Parking Lot

ElMar-Bougainvilla metered rates-$300/ Beach hourly metered rates…$1.25/parking lot entry fee….N/A

ALL BASED on FIRST COME, FIRST SERVE…

Parking Rates….Informational only

Town Hall/ El Prado/ Beach district./ El Mar lot/ Bougainvilla lot….$1.00..per hour

Comm. Blvd-$0.25/ Bougainvilla Drive- $0.50

b. Ordinance 2009-02….Ordinance to amend section 8-2 of the code of ordinances t o provide that fees charged for the inspection of certain premises by the fire prevention bureau will be set by Resolution and clarifying that fees for review of plans for the new construction by the fire prevention bureau will be set by Resolution…

BC…backup…crosses out Town of Fort Lauderdale fees adopted…ads fees set by Resolution of the town Commission….

Included a letter to the manager from VFD Chief Perkins …as follows…1/6/09 2:13pm

‘Esther Hi

I would like to try to lower the fire inspection fees by 10% if that is possibly

Chief Perkins’

also included a list of rates for Cert. of Occupancy…docks….special permit and license fees..

BC…not known from backup…if prices for services below are to be enacted as is / decreased/increased?…

Part XIII Fire Rescue and Safety Service Fees…( a few pages)…

Prelim plat review…$560

Final plat review…$560

Site Development Review…$560

Re-examine plat/site plan….per hour…$160

Fire review developmental order…$80

Res. Plan Review Fees…

multi  from $360 (up to 1500 sq. ft.)…to $800…(20,000 sq.ft.)…

Parking garage Plan  Review …$520-$760…based on height…

Comm. Plan Review Fees…$360…(1,500 sq. ft.)….$800….(20,000 sq. ft)…

Fire sprinkler…1st 12 heads…$160/each add. 0.50…additional charges for extinguishers…generators…pumps..smoke control system.$160-$640

Misc.plans…not classified…$160/pre-application & re-examination of plans …$160 each…

System testing…Verification fees…tests…$320 /

plus…Additional fee for fire rescue apparatus  use for inspection/testing…per hour…$160…

fire pump…$480/ fee for inspection/test verification $160…

plus….Additional fee for fire rescue apparatus  use for inspection/testing…per hour…$160…

more …specifics…public record…at Town Hall…

43.46 EMS Fee Schedule…

BC ….ALERT…….this is not is NOT contained in the Resolution..2009-02…no reference to EMS transportation service fee…..

a. The Board of County Commissioners finds the fees and charges set forth in the fee schedule are reasonable and necessary in light of the services provided.

Base Rates…$450-basic…Advanced level 1….$460…Advanced level 2…$575…plus costs for supplies used…

medical supplies and equipment…Intravenous…$30/ Cervical collar…$25/ Backboard…$25/ Oxygen…$27…

Mileage per rounded mile…$8

Air Rescue…base rate…$4,500/ fee $70 per mile

c. Ordinance 2009-03….an ordinance to amending chapter 15 of the code of ordinances by amending section 15-51 to provide a definition of “false alarm” and amending section 15-55 of code of ordinances to establish a service for excessive false alarms….

BC….This one comes by way of multiple calls in the 1st month VFD came under contract …that were “false alarms”…to the Mayor’s condominium….

Section 2 15-55…crossed out …when the town responds to the same premises 4x…now will be 2x within any 12 month period….crossed out service charge of $50…to any response in excess of 2 calls within any 12 month period…

3rd -False alarm….Residential…$50.00/Commercial…$100.00

4th-False alarm….Residential…$75.00/ Commercial….$150.00

5th False alarm….Residential $100.00/ Commercial….$200.00

6th False alarm….Residential….$125.00/ Commercial….$250.00

d. Ordinance 2009-04….ordinance of the town to amending chapter 2, article II of the town code by creating a new section 2-25 entitled “campaign finance restrictions” to create restrictions upon making or receipt of political campaign contributions; providing for definitions; providing for severability; providing for penalty; providing for inclusion in the code…

BC…this comes in part to stop the flow of monies from those lawyers…vendors and unions that gave in previous elections…

Whereas…the Town has determined that campaign contributions by vendors of goods and services to the Town present an impropriety and corruption, and should be prohibited; and

Whereas , the Town has determined that large campaign contributions to candidates for the Town Commission potentially adversely affect the integrity of our system of representative democracy;and

Whereas, recognizing the potential threat from candidates who may become too compliant with the wishes of large campaign contributors, the State of Florida has limited contributions for candidates for political office to $500; and

Whereas, based upon the relative geographical size and number of registered voters in LBTS, limiting contributions to candidates for Town Commission to $300 per contributor will not impede the ability of candidates to amass the  resources necessary for effective advocacy, and imposing such limitations will further the Town’s interests in preventing the appearance of corruption in the election of Town officials; and…

BC…let the “games” begin…they do it in Chicago…don’t ya know!….

e. Ordinance 2009-05…ordinance of the Town amending chapter 17 of the code of ordinances by amending section 17-14 of the code of ordinances…to allow non- residents to use Town tennis courts and increase fees ….

BC…self explanatory….fees…increases…non-residents…fees….increases…

from $25…to $53.85 single family/condo

Duplex $80.79

Hotel/motel operator

3-12 units…from $50 ….to $116.72

13-50units….from $100…to$ 224.47

more than 50 units….from $150….to $359.19

individual tenant/res…..from $25….$53.85

Non-Res…..$107.70

1 key per residence

keys rented out daily/weekly…

daily …Res. $5/$6…non-resident

Weekly…Res. $15/ $20…non-resident

all fees contained shall automatically increase 5% on Oct.1st 2009…and each Oct. 1st thereafter…YIKES!…

12 Consent Agenda

a. Commission approval for preparation of fire Assessment Report fiscal year 2009-2010- $29,987.00 (Manager Colon)

BC…WHY?…backup…letter  dated 12/11/08…from Burton and Assoc. proposal to develop a fire protection service assessment program for LBTS. …The enclosed project work plan and cost estimate schedule presents proposed work plan and estimated cost of study…will cost estimated fee of $28,025 plus estimated out of pocket expenses of $1,962 for total estimated total of $29,987….they are prepared to start the study and it would take 60-90 days…to be completed…

Well let’s see the last time we did this it was …political…and we did not follow what they offered up…a sliding scale…in fact …being political…some who remained on the dais for their last 2 years did a 180% turn and after being admonished by a SRC resident with a petition…feigned ignorance to the notion Burton was offering up a sliding scale…in this writer’s humble opinion….let this item go nowhere…

b. Canvas Cover for VFD..(Manager Colon)….see previous scoops post…Mac of all trades..McIntee got the quotes….a conflict ….in pursuing the bids…he is to vote on…scratch this consent item too!…

c. Commission approval for Congressman Klein to use Jarvis Hall 2nd Thurs. of each month…9-11 am Feb-Dec.2009(Assist. Olinzock)..

BC….good move…

d. Taste of The Beach…Feb 24th(event) & 25th (take down) 2009…(Assist. Olinzock)…

e. Parking permits for Caribe to use in El Prado fro meeting Mar.3,2009 8am-12pm… asking for 45 not 80 per the resident who came in to reconfirm…

f. Commission direction on 5 additional res. parking permit spots in Bougainvilla lot…

BC this was originally asked for after r the Town Hall meeting…by Comm. Clottey…no longer required with new parking ordinance…res. permits etc….

g. any open position paying over $50 thousand must  be advertised before a hiring decision can be made…in Sentinel…(Comm. Clottey)…

BC…see previous scoops category posts…but…need Fl. League of Cities…Datagram and sites similar…for top jobs…..

h. Approval of Town Planner Chen &Assoc. to begin design plans for A1A…

BC….see previous item…Manager report…

13 Resolutions…a…Grant Applications/b…Pelican Hopper/c….Fl League of Cities…”building Citizenship In Community; Back To Basics” Initiative….

14 Quasi Judicial Hearings…

a. variance for single family home El Mar…to table…resident out of town…

b. variance for Beach Hardware…fire escape…an ongoing process with Broward…to LBTS…passed BOA…

In Nov. 2007 BSO denied request for exit through office and into alley between store and Dr.G’s…Chen & Assoc. approved fire escape going out into rear parking lot…owners concern…back exit …means customers will need to walk behind cars to enter doors to store…

Jeff Bowman did find approval and permits for 2nd story addition…1977 and for enclosure in back..also in 1977…as requested by BOA…

BC…this one might be tabled…..

15. Old Business…

BC…DEJA VU…

a. Greenfest…waiting on complete accounting…(Vice Mayor McIntee)…same backup…no additional info…

BC…looks remarkably like waiting on the Manager to explain the Pavilion…the Vice Mayor to explain….HMMM….where do we begin….

b. Bel Air sign….Comm Clottey…

BC…same backup…no new additional info…

c. Hardship permits…Comm. Clottey….

BC…same backup…no additional info….

d. Pier Access….Mayor Minnet…

BC…. same backup…no additional info….

e.Boats in Bel Air….Mayor Minnet…

BC….same backup…no additional info…previous posts scoops category…here’s how it looks to this writer…the north was told the status quo would remain..when LBTS came a calling…the when it went o the Fl Senate/House…it was enacted that status quo was only until change by LBTS for codes..ordinances…town wide…that change came in 2003…what Assist.Olinzock/Development is “hanging their hat on”…BUT…no action was taken…now depending on who’s telling the story…there have been “sweeps” of code enforcement or…neighbors turning neighbors in…and something’s gotta give…Candidates up for election next time…are looking for naive voters …and saying “grandfather” them in…well that’s not the right word…as Comm Clottey said in the last round…It was a disconnect with the promise…and the result…and this writer believes that sellers sold to buyers in the years after…under the “promise”…therefore to cut them out…if the Commission goes for keeping the boats is wrong…

If voted on…and boats prevail…all who have boats should be able to keep them…with notice to new buyers…no boats allowed..(.unless boats are voted ongoing…which is highly doubtful)…

16 New Business…

a. Discussion /action on “independent “cell phones ( Vice Mayor)…

BC…thought they already voted for cell phones…most everyone did…BUT what they received was a $50 addition to cover cell phone cost…now McIntee wants to cover the full cost of a separate cell phone…to be clear of any public records requests…adding $$$to the $50…..YIKES!…

b. Discussion /action business cards for personal use(Vice Mayor)…

BC..there have been accusations of a member using their card for business…anfd the Vice mayor wants it stopped…no biggie…while you’re at it…which cards is he handing out on the beach when on ATV “patrol”…and if they are VFD Training Officer…should he say he is the Vice Mayor as reported by some in receipt of them?….HMMMM

Also, vote for individual Commissioner Town Stationary….couldn’t hurt…

c. pave North Tradewinds…petition…( Vice Mayor)…

BC…cost of $28 thousand…that’s after the $56 thousand for the end of Seagrape…another new voter move?…We need a plan..to do all streets in town…fairly…

d. Discussion/action scale models of new projects in Town (Vice Mayor)…

BC…thought we had this on the books already…we did…BUT…it was Sec. 12  30-123 in 2007…for Overlay District projects…no more Overlay Districts…OOPS!…

e. Discussion/action regarding kite surfing-para-sailing on the beach (Vice Mayor)…

BC…1962 code Sec 5-6 surf …boats prohibited in proximity of bathers…

Attached to this item Development report for Jan 09…item 31…staff and BSO dealt with 8 kite-boarders in the 4600 block …too close to beach…

BC…ALERT…TOO FUNNY….

item 32…(same report)……Staff began inventorying and inspecting new racks in Town!….HMMM.any inspection/inventorying at the Blueseas?…(previous post…scoops category…BTSTimes new rack)…

f. Discussion/action to place on Referendum expenditures for any one project which exceeds “X” in value and/or selling of a town valued asset valued over “Y”…(Comm. Silverstone)…

BC…YEP…Silverstone…He must be reading this site…HMMM…good move…who would have thunk it?…

backup shows Deerfield Beach Referendum …from 1998…placed on ballot…Nov.3,1998…

Bob Norman Column…

‘In 1998, a grass roots committee headed by Marge Hilton and Mary Beiriger was formed, and it was named “Save Our Beach.” This committee advocated the protection of most Deerfield Beach public property from being sold, leased or transferred without the citizen’s approval through a Referendum….’

http://blogs.browardpalmbeach.com/pulp/2007/03/what_the_deerfield_observer_is.php

h. When a code violation is discovered it should be dealt with properly. However, a mass sweep of the town looking for similar violations cannot be done without prior approval of the Town Commission (Comm Clottey)…

BC…Comm. Clottey and other Commissioners are inundated with constituent call after the fact…whether as stated above these are Town-“sweeps” or neighbors turning neighbors in…but as it is wrong to do to the residents…it is wrong for the administration to keep the Commissioners in the dark….until the first call comes….

To17. Town Attorney Report…

Adjourned….

Post Division

LBTS Agenda…11/10/08

November 9, 2008 by Barbara

LBTS Agenda…11/10/08…full text online...http://www.lauderdalebythesea-fl.gov/

Meetings will be online…above site…and on Comcast Channel 78…

MEETING ON MONDAY…Tues. is Veteran’s Day…

5 pm….PARKING WORKSHOP…TO BAG OR NOT TO BAG…THAT IS THE QUESTION…

The Backup materials book….HUGE!…goes back to 1995!…

Will the room be packed?…Who knows…Businesses/Hotels/ Residents are sending in letters with their preference…to keep the bags and take the financial hit…to the parking department/parking revenue…..or ban the bags…and make the moolah…at the possible expense of those businesses who say they will feel the loss of some customers.

One thing is for sure…a decision needs to be made…at the Commission meeting to follow…because they don’t make any notebooks large enough to table this issue…yet again…and to start a second notebook…well that would just suck!…

7 pm Regular Commission Meeting…

4 a. Presentation…a video on rip tides (Comm. Clottey)…the Commissioner got some press today…previous post…on her taking up the cause this year (previous post shows BSO did this in 2007) and heading the push to get into the hotels and condos…

5. Reports

MIA again…VFD report…as asked for by Comm. Dodd… last commission meeting……expect the VFD to be called up though…

a. Terra Mar Bridge (Mayor Minnet)…well looks like LBTS should have a $120 thousand dollar addition to its Capital Improvement fund…since even though it was earmarked for the bridge…according to Pompano Beach..in backup material response….

Pompano Beach maintains 70 bridge within their town limits …maintained and repaired on an as needed basis.

TerraMar is in good condition …not a priority at this time.

Alternative …offered up by Pompano Beach…to have LBTS pay the entire maintenance …if they desire…

Bottom line…Pompano Beach will not split the cost…so do we agree the bridge is a no- go this year?…If so put that money back…un-earmark it…for this project and keep it for other infrastructure projects…such as the Comprehensive Plan…sewer system ….previous post…

BCbythesea…while they are at it…drop the extra flagpoles…and easements at the north and south entryways…and the new entryway signage…not needed and not voted on…more bucks for Capital Improvements elsewhere…

9. Ordinances…

Call this the Ordinance of “perfect timing!”…..the Ordinance of “dead in the water!”…

a.1…Ordinance 2008-17…the McIntee Ordinance to make the VFD impossible to replace no matter what he does within the department!…

Table it or vote it down…until the residents get the over site and the inquiry that are required …only 41 days into the new LBTS-VFD contract…

11. Consent Agenda…

a. 5 more apartment buildings in need of hardship parking permits needing to be renewed…

b. Request for workshop concerning lifeguards on the beach…(Comm. Clottey)…this should be inclusive of a VFD workshop for a real water rescue …ATV team who are ready and able to act if need be…

c. Ratification of digital Payment Tech Agreement…Manager Colon…The Manager is ready to make a comment?…

Resolution

12 a. Resolution 2008-30…the resolution the Mayor wanted the Town Attorney to put together….includes these facts….7.2 million visitors per year….excess of $420 million annually….employment and other economic benefits valued at over $540 million to Broward County economy….ball is in the County’s court now…

13 Quasi Judicial Public Hearings

a. An appeal by Coral Key Ocean Club …pertaining to letter from former Director of Development Rabinowitz…on 7/14/08 regarding “interpretation” of Town Code Section 30-123…went before Board of Adjustment on 10/15/08…voted 2-1 denied…

The “interpretation” “secure” VS “issued”…Director of Development Bowman see “secure” meaning “securing” to “possess”…Michael Arker’s Atty. Weiner is worth the time to listen to….

b. An application was submitted for 2 signs on Wings… one at the front entry and the other above the second floor facing north…it came before the Board of Adjustment on 10/15/08…to have a larger sign than allowed in front…..and a second sign …usually not allowed…the BOA voted…to allow a smaller front sign and did approve the second sign with some modifications…the Wings Rep. were not so pleased …thinking the smaller signs were out of scale with the size of the building…

c. Seaward Apartments…site plan approval…Planning and Zoning passed it 10/15/08…5-0…this is the small building right next to Villa Caprice…owned by a family ….an easy decision…welcome improvement to the town.

14. Old Business

a. Walk Around Committee…Robert Fleishman…has resigned…no applicants…no interest…time to put this McIntee committee to bed…it never got off the ground…and really is not needed…with a new code employee…the town should have plenty of eyes to see what needs to be addressed…

b. Discussion regarding dangerous dog Ordinance (Vice Mayor McIntee)…HMMM…originally this was brought to the dais by Comm. Clottey…… the Commissioners were sent information about the state’s stance….so maybe this is McIntee’s way to have another “pissing match” with Comm. Dodd…DEFLECT!…

15 New Business

a.& b…..Discussion and/ or action directing…a. the Town Commission to hire outside counsel/ b. the Town Commission to direct the Town Attorney to determine if the VFD is in compliance with its contract with the Town., and to determine whether or not any Commissioners committed any illegal acts or were victim of any illegal acts with regard to the allegations put forth by former VFD Battalion chief Patrick Pointu..(Mayor Minnet)

The interesting thing will be…if the Town Manager decides to comment on this in her report…and if the Commission will step up to the plate on this …..the swing vote…Comm. Clottey…all eyes will be on her…

c. & f. Discussion and/or action regarding a resolution urging the Florida Legislature to equalize its funding based on population to provide each region of Florida including South Florida, its fair share of state funding…c-Comm.Silverstone/f.- Mayor Minnet…this was in the Miami Herald long ago…crops up periodically with talk that south Florida should secede from Florida…due to monies being dispersed unequitably...http://www.godanriver.com/gdr/news/local/article/south_florida

_towns_to_vote_on_secession/3524/

d. Discussion and/ or action regarding shade trees on the beach at Washingtonia Ave. Portal…Comm. Silverstone…staff requesting it be tabled to 10/25/08…a group of residents is requesting trees at this location…awaiting input from Garden Club…

e. SOUR GRAPES ALERT?…SPITTING IN THE WIND …PERHAPS?….Discussion and/or action regarding the donation of time by the Commission to assist with various duties within Town Hall, Development, Municipal Services, and/ or the VFD or any Town sponsored function ..Comm. Silverstone…

BCbythesea…it is said the Commissioner is angry that Comm. Dodd did not join in the Halloween event…the same Halloween event that for the first time in this writer’s memory named a Commissioner…Comm. Silverstone…as putting on the event along with the Town…….HMMM….Comm. Dodd informed the Commissioner that he had a family event with his grandchildren…and anyone attending the outdoor maze could not tell who was at a table and who was not…they were fully manned….first town event Comm. Dodd did not attend…

Comm. Dodd was at events…that other Commissioners chose to bypass…such as the POA Octoberfest…the BSO…. Take Back The Night…the Chamber Fish Fry…and many meetings for Master Steering… P & Z…as well as his duties on the Hillsboro Inlet Board 2 times a month….

He did miss the CIC Town Hall meeting…but that cannot be included in “various duties”…could it?… for this meeting … he was out of town…and told them quite frankly that after his “tar and feathering” at the last CIC meeting he attended …he did not feel the Chair could reliably control the Town Hall meeting…and any doubt that he was correct in taking a pass on the meeting …came when a resident asked for CIC Chair Crisite Furth to read a letter Comm. Dodd requested to be read…explaining his absence and reasons…being denied…

BAD MOVE…Comm. Silverstone….BAD MOVE…

g. Discussion and/ or action concerning an award from the Town of LBTS for Mark Mitchell for his outstanding service to our community…Comm. Dodd…

NICE MOVE….Comm. Dodd….NICE MOVE…

h. Report on Seagrape Project…e-mail from some Seagrape Drive owners…Mayor Minnet…a group of homeowner at the “cul-de-sac” or “alley- way”…take your pick of description…at the north end want the improvements extended…the cost..approx. $35-45 thousand…with right-of-way problems involved…

i. Report from Florida League of Cities Energy and Environmental Quality Policy Committee Proposed Policy Statement…Mayor Minnet

j. Report from AMR about the incident that occurred on Oct. 25 on the beach near Ocean Colony. Please make sure a representative of AMR is in attendance 11/10 meeting to give report on incident and answer any questions commissioners may have…Mayor Minnet

BCbythesea…previous post…Hipaa….and privacy laws…this is going to make it or break AMR…and the difference of a private company for EMS VS BSO…if the representative will not address the situation after Vice Mayor McIIntee and Comm. Silverstone threw AMR “under the bus” at the previous commission meeting…and put the onus of any “mistakes” in the victim’s care on them…excluding the VFD…from any fault…

k. Discussion and/or action concerning a fire lane at By The Sea Laundry…Comm. Dodd…this was an incident where the owner off the laundromat was unloading detergent in the fire lane…was asked to move by the Parking Enforcement Supervisor…and was given a ticket after ignoring a warning….the owner feels she is being unjustly treated…as Walgreens unloads in the same zone…it is said that this will come down to status quo VS parking enforcement…and may require code enforcement to get involved…

l. Discussion and.or action regarding town wide parking following workshop…Comm. Dodd….and the answer is?………..

m. Discussion regarding cost of Greenfest and how the money was spent…Vice Mayor McIntee…this is McIntee in a “pissing match” with the Mayor…to again deflect from his VFD mess….BIG TIME!…and the accounting for Comm. Silverstone’s 17 day Halloween event?…

16. Town Attorney Report…..where to begin….the VFD contract …perhaps…the VFD ignoring public information requests?….the VFD being in possible violation of the LBTS-VFD contract agreements?…

more to come…after the meeting…

Post Division