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Here’s The Scoop…6/9/09 LBTS Commission Meeting …#2…Decorum…Decorum!….

June 10, 2009 by Barbara

DECORUM…DECORUM…Yidle-diddle-didle-didle man!

[VICE MAYOR]
DECORUM,DECORUM,DECORUM!
DECORUM,DECORUM,DECORUM!

[VICE MAYOR]
WHO, DAY AND NIGHT, MUST SCRAMBLE FOR AN INTERRUPTION,
FEED INTO HIS SELF AGGRANDIZING AND, CALL IT A LEGITIMATE DEDUCTION?
AND WHO THINKS HE HAS THE RIGHT, AS MASTER OF US ALL,
TO HAVE THE FINAL WORD IN THE HALL?

THE VICE MAYOR,THE VICE MAYOR! DECORUM.

THE VICE MAYOR,THE VICE MAYOR! DECORUM.

[MAYOR ]

WHO MUST  KNOW THE WAY TO MAKE A PROPER MOTION,

TO STOP ALL THE SELF PROMOTION,

ENSURE A QUIET HALL, A RESPECTFUL HALL?
WHO MUST WATCH OVER THE TOWN’S GOVERNING BODY AND RUN THE  HALL,

SO THE VICE MAYOR STOPS RUINING IT ALL?

THE MAYOR,THE  MAYOR! DECORUM.

THE MAYOR,THE MAYOR! DECORUM.

[VOTERS]
IN 2006, WE VOTED IN THE BROOM BOYS. A CHANGE, WE WANTED A CHANGE

WE HEARD THEY WERE FOR THE LITTLE GUY. IT WAS ALL THE RAGE!

THE VOTERS,THE VOTERS! DECORUM.

THE VOTERS,THE VOTERS! DECORUM.

[THE GANG OF THREE]
AND WHO DID THE VICE MAYOR TEACH TO BEND AND  DEFEND AND  FOLLOW,
PREPARING THEM TO REPEAT WHATEVER THEY’RE “DIRECTED”, NO MATTER IF IT RINGS HOLLOW?

THE GANG OF THREE, THE GANG OF THREE ! DECORUM.

THE GANG OF THREE, THE GANG OF THREE ! DECORUM.

BC-Although we had a special meeting on decorum courtesy of Comm. Clottey call for it….(1/26/09)…http://www.lauderdalebythesea-fl.gov/town/spc-meetings-09.htm …the Vice Mayor thought it was necessary to bring it up again to suit his “needs”…after he was provided with part of the Roberts Rules of Order that would allow him to continue to interrupt the Mayor on the dais because it would be “privileged”  and  “legitimate'” …The info surely was supplied by either his spouse or his friend “Peanuts”…..

Presentation 4A…Town Attorney to read the Town Charter on Decorum (Vice Mayor McIntee)…

The Town Atty read Ordinance  2-23..(link below)….Comm. Dodd asked for a motion to make sure the Commission understood the Ordinance after he clarified that it was not in the Charter…Seeing no second  and seeing stone cold silence on the dais..he added “if you don’t understand them [the sections of the Ord.] there’s no point of us operating under them.”…Comm. Silverstone as is his habit of late was snide in his response to Comm. Dodd saying it was not a “proper” motion…garbled something afterward and laughed…Dodd answered “OK”…

VM McIntee -” Town Attorney there has been some questions in the past about interrupting the Chair. Under what situation may a sitting dais member Commissioner interrupt the Chair?

Town Atty.- Under the rules that govern the meeting ,ah, that we’ve spoken previously about. A motion to indefinitely does take precedence. Also taking precedence is a motion to request information, or point of information. Other interruption types of motions include comments on the rules of conduct or if there’s a desire to vote on a ruling by the Chair of the meeting or when I say regarding rules that would also cover if  something’s properly being handled.”

VM- “My question to the Town Attorney is a rise to a question , a privilege a legitimate interruption of the Chair?

TA- “A question of privilege?”

VM- ” I rise to a question of privilege is the proper terminology.”

TA- ” I’m not aware of that terminology.”

VM- ” Well I provided you with a Roberts Rules of Order that clearly states it.”…

BC- It was not included in the backup…Were the Commissioners in receipt of what the VM gave to the TA?

TA- ” Oh I see, ok, yes it appears to be so.”

BC- The TA seems uncertain in her response…

VM- ” And I rise to a point of order , is that not a legitimate interruption of the Chair? I appeal the Chair’s decision , is that not a reasonable interruption? ( TA- “yes”)…I object to a consideration of this motion. (TA-“yes”)….I call for a division , I’m not quite sure what that means quite frankly.”…

TA- ” I believe that’s how the voting procedure occurs, appears that is an interruptible “…

VM- ” And point of information? (TA-yes”)…and in conclusion I move to reconsider the vote.”…

TA- ” Yes, reconsideration is a proper interruption.”…

VM- ” And all the ah, motions just mentioned , they are proper forum, and the Chair is obligated to recognize, hear the make a decision on them. Is that correct?”..

TA- ” It appears under STRICT Roberts Rules that would be the case, yes.”…

VM- ” That’s all”…

BC- That’s not really “all” for the VM and his new way of silencing the hall…he later said clapping from the audience would be next for his “STRICT” adherence to “STRICT” Roberts Rules”…MITTENS ANYONE?…

Mayor Minnet- “As far as the words of the decorum that you read, it does say any person. Does that also mean that the Chair, if they’re members of the dais, do get out of hand or I do not want to recognize as Chair of that, does this , would these rules of decorum, do pertain to members of the commission as well as residents in the audience?”…

TA- ” Yes, I believe that they apply. What I just read would apply to both.”

Comm. Dodd- ” So, I just want clarification that you are confirming that f a member of the dais willfully interrupts the Mayor then that constitutes an infringement of section B?”…

VM- INTERRUPTING…” Not according”…

TA- ” Subject to what we just discussed, which is that the orders of Roberts Rules of Order specifically contemplates certain kinds of interruptions.”…

VM- NOT RECOGNIZED BY THE CHAIR, INTERRUPTING……” Let me clarify that if any of these motions are made by a sitting dais member the Mayor is obligated to respond to them if they’re put in that context. To just interrupt the Mayor is wrong (he just did) but, to say I have a point of order or a point of privilege, she’s obligated to stop and then respond to MY point of privilege. Is that fair?”…

TA- ” Yes, that is what we said.”

VM- “OK”…

Public Comments followed and this writer was first up with the following questions on decorum…

BC- ” I do have a few questions about decorum. When somebody is taken out for a meeting, if we are faced with more two day meetings, does that mean that person will not be allowed back into the same meeting even though it is a different day?”…No response was offered this evening…

” Also, under the decorum, under Roberts Rules, I’m wondering if there is a limit to how many times a dais member can use that list that you talked about before becoming itself a problem of decorum?”…No response was forthcoming this evening…

Stay tuned…the Mc-rise and fall of “privilege” in Jarvis Hall…it will be deafening…

http://www.municode.com/resources/gateway.asp?pid=14431&sid=9

Post Division

Here’s The Scoop…6/9/09 LBTS…Agendas…Budget/Shade Session/Regular Commission Meeting..

June 7, 2009 by Barbara

DECORUM IS DEMANDED….BUT OF WHOM?….THOSE DEMANDING IT…OR THOSE IT IS DEMANDED OF?….

5 PM-  FIRST  BUDGET WORKSHOP…
1.    CALL TO ORDER, MAYOR ROSEANN MINNET

2.    PLEDGE OF ALLEGIANCE TO THE FLAG

3.    DISCUSSION ITEMS

a.    Fire Assessment (Burton & Associates)

BC-Burton and Assoc. were at the podium once already presenting 2 scenarios for the new fire assessment…(previously posted)…the 1st was to decrease it to $126.38 FY 2010..but it would end up increasing it to $130.26 FY 2011/ $134.25 FY 2012/ $138.38 FY 2013/$142.66 FY 2014…Scenario 2 would hold it the same as 2009 $130.00 FY 2010 and it would remain so again in 2011/ $133.90 FY 2012/ $137.92 FY 2013/$142.05 FY 2014…The 2 scenarios are based on assumptions made on;

Revenues and Expenses- calculating from the current Town’s property data  and projected rate increases and growth projections/operating expense projections based upon the FY 2009-2010 Budget, “escalated by appropriate cost escalation factors as provided and discussed with staff.”

Borrowing Assumptions – The Fire Dept. does not currently maintain any outstanding debt. The financial plan developed and presented does not contemplate the need for issuance of debt.

Growth- Property growth is assumed to be 0.95% in FY 2011, 0.97% in FY 2012, 0.96% in FY 2013, 0.95% in FY 2014 “The growth assumptions were based upon planned developments in the Town as discussed with staff.”

Results…the objective was to evaluate the sufficiency of the Town’s current fire assessment rates…they identified future rate increases that would provide the amount of revenue to fund the Department’s cost requirements over a projected period and meet the goals and objectives of the Town. Thus the 2 scenarios above…Burton & Assoc. recommend maintaining the current fire assessment…

BC- Unfortunately the online backup material cut off the full view of the chart and the backup material being available as is the norm in Town Hall on Friday afternoon was not…impeding full access to the charts at this time…including the 5 year VFD Fire Dept. Cost…What is shown though is the years comparison for 2009 and 2010;

Projected 2009-10 Dept. Request/ Projected 2010-11 Manager Recommendation

Salaries-Fire Marshall …o9-10  $87,217./10- 11 $91,578.

Project 5% increase every year

Fire Dept. Pension -FS 175 projected with prior years…09-10 $14,915./10-11 $15,661.

Projected 5% increase every year

FICA- Town’s share of the Social Security 6.20% and Medicare 1.45%…09-10 $6,672./ 10-11 $7,006.

RETIREMENT-contribution to the Fl. Retirement System

Regular class-9.85%…09-10 $8,591./ 10-11 $ 9,020.

Group Ins.- cost of health, dental, life, disability and vision…09-10 $ 7,299./10-11 $ 7,663.

CONTRACTUAL SERVICES

FIRE SERVICES

VFD contract…09/10 $ 877,783./ 10-11 $ 912,894

project 4% increase every year-per contract

PROFESSIONAL CONSULTANTS-PENSION ACTUARY…09-10 $7,350./10-11 $.7,718.

project 5% increase every year

PROFESSIONAL CONSULTANTS- PENSION AUDITOR…09-10 $ 5,250/10-11 $ 5,513

project 5% increase every year

OPERATING

CAPITAL OUTLAY

Equipment & Machinery

Vehicles …09-10 $20,000./10-11 $ 20,000.

TOTAL PROPOSED BUDGET…09-10 $1,035,077./ 10-11 $1,077,053.

BC- Why a 4-5% increase every year?…Who is the Prof. Consultant(s) for the Fire Pension?…and again why the 5% increase each year…Time for all staff..contractors…consultants and elected officials to forgo the projected yearly increases!…

b.    Millage

‘Town of LBTS proposed millage 3.999o / Gross Taxable Value/1000 $2,117,170./ Projected Income $8,043,233 08-09 projected final

Validated By Broward County Prop. Appraiser For Operating Purposes

(A) millage rate of  3.9990/proposed tax value (6/2/09) $1,940,449./ projected income $7,371,862 95% =decrease of $671,372.

(B) millage rate of 4.3632/ proposed tax value (6/2/09) $ 1,940,449./ projected income $8,043,237 09-10

0.3642 increase in millage to generate 08-09 ad valorem income

4.5795 08-09 Maximum Millage Levy

4.5321 08-09 Roll Back Rate

BC- Lower the millage…(it’s an election year)…after all we are flush with funds..”in the black”…and this year lets get the “emergency funds” back down from lala land …as well as forgoing all increases in salaries as stated above…

c.    Capital Improvement

Including a large photo of the Beach Pavilion completed FY 2008-09…with a 2008-09 YTD cost Grant $$176.548./ Town’s part $214,636.

2009-2010 budget backup shows projected project description/budget/year project adopted

Repair Bridge Terra Mar/ Repair Town’s portion of bridge entering Terra Mar Island/ $125,000./ 2010-11

Townwide Bus Shelters/ Townwide bus pads and shelters, joint program with Broward County/ $85,000./2010-11

El Mar Streetscape/ Design, permitting,& engineering services Landscape,drainage,and underground utilities/ 09-10 $ 125,000. & 09-10 $875,000.

Sidewalk Replacement/ Townwide sidewalk replacement and repair capital project/ 2010-11 $200,000. same amt for 2011-2014/15

Street Resurfacing/ Resurface the Town / south side $350,000. & north side $ 200,00 /2009-10 & 2010-11

Pine Ave from A1A to El Mar Steetscape / tropical passage/ $130,000./ 2010-11

Rebuild Beach Dune-Vision/ Rebuild beach dune east of existing seawall and replant with low growth per beach re-nourishment/ $ 289,000./ 2010-11

Decorative Residential street lighting south & north  / design and construct low level street/pedestrian lighting in res. neighborhoods/ $200,000./ 2010-2015

A1A Landscaping & streetscaping -FDOT project/ RFP preparation, design and streetscape beautification imp. A1A with grant Pine Ave-Terra Mar/ $58,300,$367,000., $280,100./ 2009-10,10-11,11-12

Cost Sharing Beach Re-nourishment/ Town’s portion of Beach Re-nourishment/ $200,000./ 2010-11

Fish Habitat Project/ Coral and Fish Habitat Restoration/ $64,500/ 2009-10

The Capital Improvement Fund is used to account for the capital improvement expenditures as part of the 5 year capital improvement plan…these expenditures are not included in the General Fund operating budget….A Capital Imp. Project must meet the following criteria…Represent a physical improvement/ have an anticipated life of not less than 5 yrs./ Cost more than $50,000. or more…The  Capital Imp. Fund includes funding for the following projects…El Mar Streetscape/ Beach Re-nourishment-LBTS  & Broward County/ A1A Streetscape – LBTS & Broward County /Fish Habits Restoration/ Debt Service

Figures for the fiscal year 2009-2010 Cap. Imp. Fund are on page 5 available online…along full text of the other 2 workshop item…http://www.lauderdalebythesea-fl.gov/town/workshopbackup2009.htm

4.    ADJOURNMENT

6 PM SHADE SESSION….
1.    CALL TO ORDER, MAYOR ROSEANN MINNET

2.    PLEDGE OF ALLEGIANCE TO THE FLAG

3.    DISCUSSION ITEM

a.    Shade Session

Pursuant to Florida Statutes 286.011(8), there will be an attorney-client session beginning at 6:00 p.m. on Tuesday, June 9, 2009 attended by Mayor Roseann Minnet, Vice Mayor Jerome McIntee, Commissioner Birute Ann Clottey, Commissioner Stuart Dodd, Commissioner James Silverstone, Town Manager Esther Colon, and Town Attorneys Susan L. Trevarthen, Joseph H. Serota, and Daniel L. Abbott.

The closed session will last approximately one (1) hour.

ADJOURNMENT

BC- Notice 3 Weiss Serota Attys in attendance……Abbott/Trevarthen (former/present Town Attys.) and second on the Law firms’ letterhead…Atty. Serota…No info will be forthcoming from these session until after litigation is over…

7 PM REGULAR COMMISSION MEETING…
1.    CALL TO ORDER, MAYOR ROSEANN MINNET

2.    PLEDGE OF ALLEGIANCE TO THE FLAG

3.    INVOCATION – Reverend George Hunsaker

4.    PRESENTATIONS

a.    Town Attorney to read Town Charter on Decorum (Vice Mayor McIntee)

BC- OOPS!…The correct request would have been for the 2003 Ordinance..not the Town Charter…(previously posted when Comm. Clottey called for a special meeting on decorum)…

Sec. 2-23.  Maintaining order, decorum at Town Commission and board meetings.
(a)   The Chief of Police or such member or members of the Police Department as the Chief may designate shall be sergeant-at-arms at the regular and special meetings of the Town Commission or board. The sergeant-at-arms shall carry out orders and instructions given by the presiding officer or by a majority of the Town Commission or board present for the purpose of maintaining order and decorum at the Town meetings. While any Town meeting of the Town Commission or any Town board is in session, the members of the public shall not, by conversation or otherwise, delay or interrupt the proceedings nor the peace of the meeting and shall obey all orders of the Town Commission or board, or its presiding officer, except as otherwise herein provided. All persons attending any Town meeting shall render inaudible any beepers, cellular telephones, or other mechanical or electronic devices while such meeting is in session. The presiding officer shall preserve strict order and decorum at all meetings. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations constitute an interruption to public meetings, are prohibited and shall not be permitted by the presiding officer. The foregoing conduct is unauthorized and, if the individual engaged in the conduct has not been recognized and granted leave to speak by the presiding officer, any person who causes an interruption of the meeting shall be given the option to cease the conduct which constitutes an interruption or to leave the meeting. If the individual fails to cease the offending conduct or to voluntarily leave the meeting and continues interrupting the meeting, the individual shall be removed from the meeting room if the sergeant-at-arms is so directed by the presiding officer, and such person shall be barred from further audience for the remainder of the meeting. In case the presiding officer shall fail to act, any member of the Town Commission may move to require the presiding officer to act to enforce the rules, and the affirmative vote of the majority of the Town Commission or board shall require the presiding officer to act.
(b)   Any person who, at a Town Commission or board meeting, willfully interrupts or disturbs such meeting in violation of F.S. § 871.01, entitled “Disturbing Schools and Religious and Other Assemblies,” may be arrested by those police officers present. This may be done in the absence of the conduct being noted, or the offender being called to order, by the Mayor, chair or other presiding officer. Once any person is declared out of order by the Mayor, chair or other presiding officer and ordered expelled, and does not immediately leave the commission chamber or meeting room, the following steps shall be taken:
(1)   The person will be approached by the sergeant-at-arms and advised that he or she has been ordered expelled.
(2)   If the person does not remove himself or herself from the area, and continues to willfully interrupt or disturb the meeting, he or she may be placed under arrest for violation of §871.01, Florida Statutes.
(3)   Should any person who is ordered expelled leave the chamber voluntarily and subsequently return to the same meeting, he or she is subject to arrest for violation of §871.01, Florida Statutes, should he or she continue to willfully interrupt or disturb the meeting.
(Ord. No. 416, § 2, 3-9-99; Ord. No. 450, § 2, 11-29-00)

BC- Imagine that the decorum Ord. is right above the limitation on being Vice Mayor!…OUCH!…

Sec. 2-24.  Vice Mayor–Limitation on serving consecutive terms.
No member of the Town Commission may serve consecutive terms as Vice Mayor.
(Ord. No. 2004-06, § 2, 5-11-04)

http://www.municode.com/resources/gateway.asp?pid=14431&sid=9

BC……. Mayor Minnet’s Commissioner Comments 5/27/09 included the following …..” I would like to address comments made about me in the Times May 8th edition. “Since Mayor Minnet has lost control of the meetings, we must control our meetings and stop the interruptions and yelling from the audience and bring decorum back to the hall”. May I remind all that we had two meetings to discuss this and it was the consensus of this dais to listen to all and hear from everyone. I have reviewed months of meetings and the interruptions from the audience are nothing compared to the interruptions from a particular Commissioner who over and over again interjects his personal opinion, only to benefit his self interest, not public interest. Pass the gavel — don’t make me laugh.”

Better yet…How about a field trip to Boca Raton?….Maybe this time the “2-Hats” will stay?

‘Institute for Elected Municipal Officials
Source: Gail Dennard
The Florida League of Cities and the John Scott Dailey Florida Institute of Government are proud to bring you the Institute for Elected Municipal Officials (IEMO). This educational program is specially designed for newly elected officials and those with less than one term in office.

The primary objective of the IEMO is to provide elected municipal officials with an intensive academic program that will assist them in effectively meeting the requirements of their elected role. The program offers a comprehensive overview of Florida municipal government, presented by a faculty of top professionals in the field.

The IEMO is a three-day program structured in a Friday through Sunday format. The 2009 IEMO is being offered at three different locations throughout the state.

Created in 1992, the IEMO has assisted more than 1,800 elected officials. Please contact Gail Dennard at the Florida League of Cities at 1-(800) 342-8112 if you have questions or need more information.

Dates and Sites

* June 26 – 28, 2009, InterContinental Hotel Tampa – SOLD OUT
* October 2 – 4, 2009, Boca Raton Marriott

Curriculum
The curriculum is divided into six instructional modules, taught in the following sequence:

* Structure and Functions of Municipal Government in Florida;
* How to Be an Effective Council Member;
* Taxes and Other Sources of Revenue;
* Budgeting and Accounting;
* Understanding the Relationships Among Governments in Florida;
* The Florida Ethics Law and Understanding “Government-in-the-Sunshine.”

These topics were selected to provide a comprehensive overview of the critical issues that are addressed by municipal government officials. It is suggested that participants review their municipal charter, policies and budget to prepare for the classes, and may want to bring these materials along. Speakers will provide hand-outs and resource material.

Certificate for Completion
A certificate of attendance will be presented within a few weeks of successful completion of the program of study.’

http://www.floridaleagueofcities.com/Events.aspx?CNID=366

5.    PUBLIC COMMENTS

6.    REPORTS

7.    PUBLIC SAFETY DISCUSSION

8.    TOWN MANAGER REPORT

9.    APPROVAL OF MINUTES

a.    May 12, 2009 Regular Meeting Minutes

b.    May 15, 2009 Walk Around Workshop Minutes

BC- The “FIELD TRIP”…(previously posted)…

First Reading:

Comm. Blvd. Beach Pavilion- 200 ft. from Jazz on the square band= 73.5/ Jazz on the Sq.- no music =69.3/ Jazz on the Sq.-with soft music = 84.6/ 100 ft. away from JOTS by newspaper stand- soft music and traffic= 74.4/ 200 ft. away from JOTS by Oriana = 68.5

Code Officer Williams stated above readings were “A” level readings. “C” readings were measured Base levels

Second Reading ;

200 ft away from JOTS by Oriana =71.1/”C” scale = 74.4-no music = 67.1/Different song and less wind = 65.0/ SW corner of El Mar Drive ,100ft away from JOTS = 80.8 “C” scale = 85.9/ 100 ft. west of Village Grille (in front of 101Ocean Rest.) =72.1/ 200 ft west of VGrille (Comm. & A1A  fishing pier sign)- with traffic = 69.8/ Commission agreed music was lower than average/ 100 ft. north of VGrille (High Noon Resort) = 72.0/ 250 ft. north of VGrille (Driftwood Inn) = 68.0/ 300 ft north of VGrille (Driftwood Inn) = 66.0

As previously posted the Comms. decided to have Code Officer Kim Williams do “spot checks and submit her recommendation/ and due to the early hour they also decided to have staff investigate the lights and submit their recommendation for this meeting…They cancelled the next nights “outing”…

BC- Code Officer Williams has been out doing the “spot checks”…Noise Ord. 2nd reading is on this agenda….

10.    ORDINANCES

1.    Ordinances 1st Reading – “Public Comments”

2.    Ordinances 2nd Reading – “PUBLIC HEARING”
a.    Ordinance 2009-14: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, AMENDING CHAPTER 13 “NOISE” OF THE CODE OF ORDINANCES TO PROVIDE FOR AMENDED NOISE REGULATIONS; AMENDING CHAPTER 17 “STREETS, SIDEWALKS AND OTHER PUBLIC PLACES,” ARTICLE VIII “SPECIAL EVENTS” TO AMEND THE REGULATIONS OF SPECIAL EVENT PERMITS TO PROVIDE GROUNDS FOR DENIAL OF A SPECIAL EVENT PERMIT FOR VIOLATION OF NOISE AND OTHER TOWN STANDARDS; PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE (Approved 1st reading April 14, 2009) (Deferred at the May 12, 2009 Commission meeting by Commissioner Silverstone pending May 15, 2009 Walk Around Workshop)

Sunny/Clear weather conditions…on 5/15 & 16/09

5/15/09 VGrille JOTS  is as stated above…

5/16/09 Athena was done at the same time 7-8pm  “A” scale at 100/200 ft. North 83.2/70.2 South 80.8/68.5 East 74.4/ 73.5 West 72.1/69.8 …”C” scale at 100/200 ft  North 0 South 0 East 92.0/ West 92.5…. Decibel w/o music 100 ft…North 0 South 0 East 67.8 West 69

Rainy/Overcast weather conditions…5/21 & 22 & 28/09…

5/21/09 VGrille (interior music) levels were taken “A”….”C”…no music…. 10-11pm…0-90.4…11pm -12am…0-89.8

5/21/09 Aruba (interior music) levels were taken “A”….”C”…no music…. 10-11pm… 0-93.5…11pm-12am…0-95.4

No music at 101 on Thurs. nights…

5/22/09 VGrille (interior music) levels were taken “A”….”C”…no music…. 10-11pm…0- 97.4…11pm-12am…0-94.7

5/22/09 101 Ocean (int.music) levels were taken “A”….”C”…no music…. 10-11pm…0-88.7…11pm-12am…0- 91.2

5/22/09 Aruba (int. music) levels were taken “A”….”C”…no music…. 10-11pm…0-91.2…11pm-12am…0-92.2

5/28/09 VGrille (int. music) levels were taken “A”….”C”…no music…. 12-1 am…0- 91.8

5/28/09 Aruba (int. music) levels were taken “A”….”C”…no music…. 12-1 am…0-89.4

BC-Note the loudest music was heard in the west direction…

Levels still shown in Ord. 2009-14 …Commercial noise zone …7am-10pm…75 dBA or 80 dBC/ 10pm-7am…75 dBA or 75 dBC

GOTCHA ALERT…page 12 of the Ord. (6)…. The use or activity intended by the applicant would conflict with planned programs organized and conducted by the Town”… Not included the other GOTCHA…the reimbursement of having a Code Enforcement Officer for noise/headcount as a requirement unless “waived” by the Commission…

BC- Once again the timing of this 2nd reading is wrong!…The Commission according to the backup has not received the Code Officer’s recommendations…just the findings…which only include 1 outdoor reading ..at 7-8pm for the street music..and several for indoor after hours….Direction given was multiple “spot checks” at different hours…So either a 2nd reading will be made without time to fully consider all collected data…or it will again be deferred to a date certain…

b.    Ordinance 2009-24: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA, AMENDING SECTION 19-26 OF THE CODE OF ORDINANCES TO AMEND THE THREE HOUR LIMIT ON BEACH PARKING PERMITS; PROVIDING FOR SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE (Approved 1st reading May 12, 2009)

BC- This is the still outrageous give-away to a chosen few CIC “pals”…unlimited hours of use for $20 a year to go to the beach…still has many shaking their heads!….

11.    COMMISSIONER COMMENTS

12.    CONSENT AGENDA

a.    Commission approval of execution of Amended Interlocal Agreement for Public School Facility Planning, Broward County, Florida (Assistant Town
Manager Olinzock)

From the Manager ” The Town has generated from 2003-2007 32 new students  within our school boundary jurisdiction and has issued more than 50 development orders, therefore the Town is no longer exempt from the public school concurrency from the Department of Community Affairs.”…”The Town will be part of the interlocal agreement and be a participating municipality in the school facilities planning process.”

BC- Just in time for the exodus of students from Broward County and the decision to not build new schools!…

13.    RESOLUTION – “Public Comments”

a.    Resolution 2009-15:  A RESOLUTION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA RECOGNIZING THE “BUILDING CITIZENSHIP IN THE COMMUNITY:  BACK TO BASICS” INITIATIVE OF THE FLORIDA LEAGUE OF CITIES, INC., AND PLEDGING SUPPORT FOR THIS STATEWIDE EFFORT (Pre-approved at the May 12, 2009 Commission meeting)

BC- No backup online available …due to a “glitch” will update when fixed…

14.    QUASI JUDICIAL PUBLIC HEARINGS

a.    Commission to approve variance application submitted by Karen A D’Uva-Bradley, who is the property owner located at 1658 West Terra Mar Drive.  See attached application with back up along with Town consultants review.  (Staff recommends Table to July 28, 2009 as Board of Adjustment will hear the item on July 15, 2009) (Assistant Town Manager Olinzock)

BC- no backup…due to either the same “glitch” or due to staff recommendation to table…

15.    OLD BUSINESS

a.    Discussion and/or action regarding Town sign at Commercial Blvd and A1A   – Vice Mayor McIntee (Tabled at the April 14, 2009 Commission meeting by Vice Mayor McIntee)

photo8

BC-A look at the cover page for this item shows what a mess this one is…”Tabled at January 28,2009 Commission mtg. By Vice Mayor McIntee to Feb 24,2009″…”TABLED AT THE FEBRUARY 25,2009 COMMISSION MEETING BY COMMISSIONER DOOD”….”TABLED AT THE MARCH 11Th Mtg. By Vice Mayor McIntee”…”DEFERRED TO JUNE 9,2009 BY Vice Mayor McIntee At THE April 14,2009 Commission Meeting”…WOW!…The backup only includes the minutes…not even the previous backup from the search for the owner…no FDOT info and no Atty. info….Either it’s late to the Commission…non- existent or another GOTCHA!…Time to stop the madness….leave it alone…on to the banners!…Call a truce!…

b.    Discussion and/or action on custom banner locations and cost (Assistant Town Manager Olinzock)

BC- backup shows the Comm. comments from 5/26/09 minutes …(previously posted)…Staff recommends these locations- Four corners of Ocean Drive and Commercial Blvd./ North and South entryway on Ocean Drive…(Where’s El Mar Drive and north and south entry to El Mar Drive?)../Cost…showed a 3/24/09 proposal from DEKRA-LITE located in Ca. single sided banners (must be new Municipal Parking Banners)..2  total was $357.00

c.    Clarification of Ordinance #2009-10 – adding Beauty Shops, Hair Salon as an permitted use in Business District B-1-A (Commission Silverstone)

BC- this one was kind of strange that Comm. Silverstone put it on…due to Comm. Clottey addressing this section of the 2009-10 Ord. about businesses allowed in the Business District…asking to include beauty shops…

16.    NEW BUSINESS

a.    Commission approval of execution of Florida Department of Transportation Local Agency Program Agreement FM # 418022-1-38-01, for landscaping on SR A1A from Pine Avenue to Terra Mar Drive (Assistant Town Manager Olinzock)

BC- again nothing online…”Glitch”?…will update when put on…

b.    Discussion and/or action to create a Citizen’s Advisory Board (Mayor Minnet)

BC- It’s a great idea with backup provided and a personal attached intro relaying her vision of 5-7 citizens to provide assistance and/or recommendations to the Town Commission…unfortunately it will likely be met with resistance…and the Mayor should hang onto it until after she is re-elected in 2010…and has a majority that is open and receptive to new ideas and inclusion of those who would offer use of their years of specialized expertise!…

c.    Discussion and/or action on moving tax payer’s money from one account to another with or without Commission approval (Commissioner Dodd)

BC- Comm. Dodd is right on the money with this one…(pun intended)…There is too much mystery surrounding the “movement” of funds..with only one person holding the knowledge of it all…along wiht the still disturbing act of taking monies from proprietary funds such as the Sewer Assess. Fund and putting it into the General Fund…By the By…under Capital Imp. is nothing about infrastructure for the sewers…(Parking Funds were also put in the General Fund)…

d.    Discuss and/or action concerning sending a delegation to Tallahassee for the June 18 hearings concerning the designation of Broward’s section of A1A as a scenic highway. This stretch of A1A does not meet most of the decision makers’ perception of a scenic highway. The local FDOT representatives will not be attending the meeting due to budget cuts.  They believe that there are enough points of interest along this stretch of A1A to warrant this designation but stressed that the local communities should attend and present their case (Commissioner Clottey)

e.    Send letter to businesses in Town requesting that they use paper instead of Styrofoam products (Commissioner Clottey)

BC- Comm. Clottey is now the “Green Commissioner”…What gives?…So how did Ms. Mohler know ahead of time what Comm. Clottey put on the agenda …(letter to Town dated 6/3/09)…defending the use of styrofoam products Aruba Beach Cafe’  uses…It is this writer’s opinion…that Comm. Clottey needs to get out of the business’s business…with her noise ordinances …anti-2 day events… slights about what constitutes wine and food..revealing business leases…and now no styrofoam containers …Time to find some projects in the north end of town…..How about the beach access  entryways…or better yet the reason we voted you in…the budget?…(How could I have been so wrong!)…

f.    Discussion and/or action concerning hosting the February 4, 2010 meeting of the Broward League of Cities. LBTS has not hosted this meeting for a while and this is good and inexpensive way of showcasing our town and businesses to the leaders of other Broward communities – $400 (Commissioner Clottey)

17.    TOWN ATTORNEY REPORT

18.    ADJOURNMENT

Backup online…http://www.lauderdalebythesea-fl.gov/town/backup2009.htm

All meetings (except Shade Session) will be on Comcast Ch.78/ online at Town Website…use link above…

Will post  overviews after the meetings…

more to come…

Post Division

Here’s The Scoop…..Public Notices To Be Less Public….

March 4, 2009 by Barbara

GET YOUR COMPUTERS READY….WHILE WATCHING  YOUR PAPER GET THINNER…

http://www.pittsburghlegaljournal.org/images/plj-r-publicnotice.jpg

S2292    GENERAL BILL by Storms
Advertisements & Notices by Governmental Entities; Provides
circumstances under which a governmental entity may use its website for  legally required advertisements and public notices. Requires that   legally required advertisements and notices be conspicuously placed on  publicly accessible websites. Provides requirements for publication in newspapers and on the Internet for certain required notices and advertisements by governmental entities, etc.

EFFECTIVE DATE: Upon
becoming law.
02/26/09 SENATE Filed

HB 1477 – Legally Required Advertisements and Public Notices by Governmental Entities

GENERAL BILL   by Zapata
Legally Required Advertisements and Public Notices by Governmental Entities: Authorizes various governmental entities to publish or advertise legally required public notices & advertisements on publicly accessible website; defines “publicly accessible website”; provides conditions for utilization of publicly accessible website for such purposes; provides for optional receipt of legally required public notices & advertisements via first class mail; provides requirements for legally required advertisements & public notices published on publicly accessible website; provides that specified notice, advertisement, or publication on publicly accessible website constitutes legal notice; provides that advertisements directed by law or order or decree of court to be made in county in which no newspaper is published may be made by publication on publicly accessible website; provides clarifying & conforming language; reenacts various provisions of law to incorporate amendments to various statutes in act in references thereto.
Effective Date: Not Specified

Last Event: Filed on Tuesday, March 03, 2009 7:55 AM

Buddy Nevin’s Blog gives the grim new for the Sentinel…and non- computer users who like to read the Government Public Notices each …..that the Legislature will go for free announcements on annexation,  budget meetings, ordinances and such…only online…

http://www.browardbeat.com/another-bummer-for-newspapers-from-the-state-senate/#more-462

Faithful readers will continue to see them here….

more to come…….

Post Division