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Here’s The Scoop … Oct. 13, 2009 … LBTS Agenda … Bring The Caffeine …

October 13, 2009 by Barbara

BRING AN EXTRA …YOU’RE GONNA NEED IT …..

1. CALL TO ORDER, MAYOR ROSEANN MINNET

2. PLEDGE OF ALLEGIANCE TO THE FLAG

3. INVOCATION – Reverend George Hunsaker

4. PRESENTATIONS

a. Presentation by Cry of the Water – Establishment of a Marine Park (Commissioner Silverstone)

BC- http://www.cryofthewater.org/

b. Presentation by the Green Hopper (Commissioner Clottey)

BC- http://www.thegreenhopper.com/

5. PUBLIC COMMENTS

BC- Make sure to ask for your comments to be put in the minutes…hand over your written speech to the Town Clerk …. and check the backup when those minutes are up for approval to check they are included….

6. REPORTS

a. Finance and Budget Monthly Report – August 2009 (Manager Colon)

BC- This was MIA in September..look at the Debt Service for July /Aug. went to o.00…before the payoff in Sept.?…

b. VFD Fire Monthly Report – August 2009 (Chief Perkins)

BC -Also MIA in September…

c. AMR EMS Monthly Report – August 2009 (Operations Manager Liddle)

BC- same for AMR -MIA in September…

7. PUBLIC SAFETY DISCUSSION

a. Report on Suicide in Bel-Air

BC- Previous  posts…(scoops/VFD cat.) … What in the world can the Vice Mayor be thinking putting this one on…The online backup includes the BSO investigative report with Witness #3 Jerome “Jerry” McIntee corroborating what Editor Mark Brown and this writer wrote…contrary to  the BTSTimes “Truth Deflector” claims…So which is is?…Did the VM lie to the BSO or lie in the BTSTimes …”Local news you cant trust”?…

NOTE- at the 10/12/09 workshop Jerry spoke of his own counsel and read the meaning of defamation…Hmmm. VFD Atty?….Was it intended to forewarn Editor Mark Brown and BSO Homicide ?…..

8. TOWN MANAGER REPORT

BC-This would be the time for the Town Manager to start using this allotted time properly….we can only hope…(until March 2010)…

9. APPROVAL OF MINUTES

BC- As previously posted the minutes are substandard…lacking detail….and not a true reflection of what took place…Perhaps in the future some monies can be found to use Granicus to take video and transcribe it to the minutes for a permanent record?…

a. July 29, 2009 continued from July 28, 2009 Regular Meeting Minutes

b. September 9, 2009 Regular Meeting Minutes

c. September 10, 2009 continued from September 9, 2009 Regular Meeting Minutes

d. September 10, 2009 Commission Conference Minutes

e. September 14, 2009 Special Public Hearing Minutes

10. ORDINANCES – PUBLIC COMMENTS

1. Ordinances 1st Reading

a. Ordinance 2009-28: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE SEA AMENDING CHAPTER 20, ARTICLE IV, ENTITLED “UTILITIES”, REPEALING SECTIONS 20-40 AND 20-44 AND SECTIONS 20-50 THROUGH 20-65 THEREOF PROVIDING FOR THE LEVY, COLLECTION AND ENFORCEMENT OF THE TOWNS STORMWATER MANAGEMENT UTILITY FEES; PROVIDING FOR CODIFICATION OF THE REPEAL IN ARTICLE IV, CHAPTER 20 OF THE CODE OF ORDINANCES, SEVERABILITY, AND AN EFFECTIVE DATE

BC- essentially cleaning house…the old sections…to lead us back to a questionable townwide stormwater assessment fee after the $100,000 srormwater study…details to come…

2. Ordinances 2nd Reading
a. Ordinance 2009-27: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE SEA AMENDING CHAPTER 5, BEACHES AND WATERWAYS, TO ALLOW AND REGULATE FISHING AND SURF CASTING ON THE PUBLIC BEACH; PROVIDING FOR CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE

BC- will this one be another round of the boats (see below)…or another kitesurfing ?…Audience size will determine in this re-election season…
11. COMMISSIONER COMMENTS

BC- Note to Commissioners..ask that your comments be put into the minutes verbatim…and/or turn in your speeches is written out…

12. CONSENT AGENDA

a. Commission approval of the agreement between LBTS and the Supervisor of Elections for the hiring of poll workers as their employees for the March 10, 2009 Municipal Election (Clerk White)

BC- as previously posted the March 2010 election is on the 9th…

b. Commission approval of Special Event permit application for “Public Menorah Lighting 2009” by Chabad Lauderdale By-The-Sea, Sunday December 13, 2009, 6:30 PM till 9:30 PM, refunding the application fee (Assistant Town Manager Olinzock)

BC- as previously posted since the 1st night of Hanukkah is on a Friday, the Town could have enlisted another group to light the Menorah on the 1st night rather than the 3rd… It does not require a Rabbi…

c. Commission approval of Special Event permit application for Marie White’s 5th Annual “Santa Is Coming to Town”, Sunday, December 12, 2009, 11:00 AM till 3:00 PM, refunding the application fee (Assistant Town Manager Olinzock)

BC- as previously posted the correct date is Saturday Oct. 12th, 2009 …We hear the special event coordinators did not go to all Town businesses to see if they wanted to participate… nothing like politics and Santa…What would Marie think?….

d. Commission approval of the issuance of three (3) parking permits to Global Coral Reef Reliance for use at Parking Meters on Datura Avenue, Monday Thru Friday, 7:00 AM till 6:00 PM, October 27, 2009 thru January 31, 2010, during construction of the Artificial Reef Project (Assistant Town Manager Olinzock)

BC- This one should be interesting…spaces for parking morning to night for months .. in a limited parking area…and the item says Oct-Jan…are they already there?…Question is will the Mc-Furth Gang give the parking to them after making the Turtle volunteers jump through hoops?…OUCH!…

e. Commission approval of the use of Jarvis Hall by the property owners association of LBTS, Inc. for Oktoberfest 2009, Saturday, October 17, 2009, 6:00 PM till 10:00 PM, allowing serving/selling of alcoholic beverages (Assistant Town Manager Olinzock)

13. RESOLUTION – “Public Comments”

a. Resolution 2009-26: A RESOLUTION OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 18-24, 2009 AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES

14. QUASI JUDICIAL PUBLIC HEARINGS

15. OLD BUSINESS

a. Commission selection of contractor and award of RFP 09-07-01 – Commercial Blvd Drainage Improvements (Assistant Town Manager) This item was deferred at the September 10, 2009 Commission Meeting.

BC- What’s the deal?…On the one hand we are going to spend the big bucks for a townwide study…and still go through the Commercial drainage? …This one should be on to stop it until the study is done…especially hands off until after season…since the rainy season will be gone…That’s what the businesses want…a reprieve…

b. Discussion and/or action regarding Citizen Contact Forms for drainage project (Assistant Town Manager Olinzock) This item was deferred at the September 10, 2009 Commission Meeting.

BC- Ditto- which way are we going?….

c. Discussion and/or action regarding the clarification of the ordinance pertaining to the storage of boats, boat trailers, boat enclosures and boat covers in the Town ( Mayor Minnet) this item was deferred at the September 10, 2009 Commission Meeting

BC- one more time to clear up loose ends?…

d. Discussion and/or action: Faced with record numbers of foreclosures, some Florida communities are using more innovative ways of maintaining foreclosed properties than fines and liens. Some communities in Florida have programs where the municipality takes over the maintenance of a deteriorating property and adds these expenses to the tax bills of these respective properties. This way the Town will get reimbursed for its services and neighbors do not have to deal with deteriorating properties and overgrown lawns, green swimming pools, etc (Commissioner Clottey) This item was deferred at the September 10, 2009 Commission Meeting

e. Discussion and/or action regarding Request for Bid (Invitation to Bid) (Vice Mayor McIntee)

BC- as previously posted VM McIntee put this on to discuss the Senior Center ITB…using Comm. Clottey’s remarks from the July 28, 2009 special hearing….as previously posted her comments mean squat…as previously posted with both Comm. Clottey (sent e-mail to a resident) and VM McIntee ( spoke to Armilio the Director)…..”the cookies are in”….. after putting the Director through hell!…

16. NEW BUSINESS

a. Commission approval of the selection of Christmas banners – $4,952.50 (Assistant Town Manager Olinzock)

BC- Just add em’ in… next up Easter?…

b. Discussion and/or action by Town Commission to provide resolution to approve encroachment existing on public property: (Assistant Town Manager Olinzock)

1. 16 Commercial Blvd

BC- This is the woman who has owned the ice cream shop by the Pier for almost 30 years…and thanks to the Town Manager and her “code ” sweeps…the store owner will make a 2nd return to ask for a “Resolution” from the Commissioners to allow her to have her bench out in front…Question is…is she friend or foe to the present majority?…

c. Commission approval of four (4) Hardship Permit Applications: (Clerk White)
1. Ocean Time LLC
2. Ocean Treasure LLC
3. Driftwood Brach Club
4. Ocean Treasure

BC…check, check, check and check…

d. Discussion and/or action to discuss the Town’s Master Plan (Mayor Minnet)

BC- Readers take the time to take a look at the backup on this…( link below)…it includes the 2004 Master Plan…there is so much that has come from it…and it really was well done…Why we need to start from scratch to update it is curious…can’t we update and refine as Walter Keller did with other required updated plans?…

e. Discussion and/or action to allow Theaters, Performing Arts Theaters, Cultural Arts Theaters, etc on Commercial Blvd (Mayor Minnet)

BC- follow-up on the use of the Christian Science Church…to last month’s presentation where the gentleman was treated so rudely by the Town Manager…

f. Discussion and/or action regarding Beautification Projects (Commissioner Silverstone)

BC- the next items from Jimmy-boy must be from “the funnest part of his job”…as he said at the last budget meeting…sitting in the Town Maanger’s office…

1. El Mar (Oriana)
2. FDOT – A1A – Pine to Terra Mar
3. LBTS – Pine Avenue from A1A to El Mar
4. LBTS – El Mar – Commercial to Pine

g. Discussion and/or action to schedule a workshop for future Capital Improvement Project: (Commissioner Silverstone)

BC- Ditto from daily fun time in the Town Hall corner office…

Funding Mechanism 1. Pay as you go
2. General Obligation Bond

BC-and yet more funnest times…at Esther’s…the door is always open for Jimmy-boy…./early townwide survey results?….

BC- The below referendum items put on by Comm. Dodd is a result of constituents asking for items to be placed on the agenda for referendum…and according to Comm. Silverstone that’s how we do things around here…

h. Discussion and/or action on a “two hats” referendum item (Commissioner Dodd)

BC- per constituents who do not want anymore questionable conflicts in future commissions….

i. Discussion and/or action regarding the height limit:

1. Implementation of referendum to clarify 33 foot height limit Town (Vice Mayor McIntee)
2. “Should the 15 story height limit be restored in the North end of Town” (Commissioner Dodd)
3. Should the Town change the zoning to allow the 44 foot height limit that was passed at three previous referenda for development within the boundaries of the Old Marina Overlay, Beach Overlay and Hospitality Districts? The setbacks, green space and density to be calculated from the 1973 original charter provisions and not the more recent overlay districts parameters (Commissioner Dodd)

BC-Comm. Dodd wants to get it all on the referendum…the whole “laundry list”…to make it clear for all voters to decide…LOWER it to 33’/ KEEP it at 44’/ RAISE IT BACK to 15 stories…to see if the same voters the CIC believes really wanted 33′ not 44′ would want 15 stories not 33′ or 44’….Constituents with more items for a townwide vote should contact their commissioners ASAP….for it to make it on the March ballot…

j. Discussion and/or action concerning a referendum question for lifeguards (Commissioner Dodd)

BC-asked for by constituents……

k. Discussion and/ or action referendum items for the March 2010 ballot (Mayor Minnet)

BC-same for getting everything in order….

l. Discussion and/or reference police call (Vice Mayor McIntee)

BC- VM McIntee has put on the fallout from the Town Manger overstepping (purely political) her role and attempting to call his opponent for Commission in 2010 a liar!… In the backup all will see Mr Malkoon was accurate in his words and the Town Manger still has not learned her position is below that of the taxpayers!…

m. Discussion and/or action regarding escalating Town action to recover Town Cul de Sac (Garden Court) (Vice Mayor McIntee)

BC- Talk about a real winner for his 2010 re-election…The VM wants to pay the town attorneys to “escalate” a Cul de Sac, a tip of land near the street … which means absolutely nothing with no impact to anything……Despite his longtime assertions that it’s return to the Town allows residents to walk to the water…The former Town Atty. told him he was wrong when he first brought it up as a “huge” mistake to give away land…see archived minutes…

n. Discussion and/or action regarding garbage:

1. Change section 10-32 of the Code to include multi family units (Commissioner Dodd)
2. Trash contract related issues (Commissioner Dodd)

BC- a look at the Choice contract received from a PRR shows on page 12 3.1.2 Residential Solid Waste Collection Service Units-Multi Family that “CONTRACTOR may reduce total units of containers if, collection is easily contained in less than required containers.”…So what gives?…Did Choice and/or the Town Manager decide to be sneaky and allow for less containers…but the owner would still be required to pay per dwelling unit?…If so, that’s drty pool and needs to be cleaned up…pun intended ASAP!…Also included on page 11 3.1.1 is the “unless smaller container is requested by residential unit and agreed upon by CONTRACTOR.”…What happened to the list and the availability?…More items were found that showed some very big claims by Town staff were not so per the contract…OOPS!…

o. Discussion and/or action regarding pay off or reduce Parking Fund Loan (Vice Mayor McIntee)

BC- no backup…the VM put this on …but there needs to be more info on the debt vs the payoff…long term and of course coming clean if this debt too has a penalty clause…

p. Discussion and/or action regarding the review of the Organizational Rules (Commissioner Silverstone)

BC- Another fun time by Jimmy-boy in the Town Mangers office (how many visits a day?)…To come back at the motion Comm. Dodd made to allow the Mayor to make motions …and the Town Atty. stating the Commission does not operate officially under Roberts Rules…Backup show “verbatim minutes for 3/25/08 commission meeting for comments prior to public comments”…A look at it show the verbatim remarks of the Mayor on derogatory remarks…So Readers what’s up..are we paying for staff to write down verbatim from the online video..(the minutes do not show the Mayor’s remarks)…What’s interesting is this is the 2nd time we see verbatim from the video (also in the McIntee Old Business item e.-Senior Center ITB using Comm. Clottey’s 7/28/09 comments)…So is it staff or a “Truth Deflector”…and would that be “kosher”?…In any event it’s reactionary and petty…and as Jimmy-boy often says a waste of time on the dais…OOPS!…

q. Discussion and/or action as to changing “Hours of Business with the Town Limits Restricted”, in the Town Code of Ordinances, Chapter 12 (Mayor Roseann Minnet)

BC- Walgreens wants to go to 24 hrs…

r. Finalize the Town Manager’s evaluation (Commissioner Clottey)

BC- finalize it…we will see…especially after Commissioner Clottey’s abysmal “performance” yesterday…and the fact that she as of that meeting had not yet completed or turned in the evaluation that she, herself  introduced to the commission…and the “whitewash of using the 5-0 vote of confidence as the Town Manager’s review (I can guarantee readers if at least 2 members of the dais thought that vote was her review it would have been 3-2!)… more to come from the workshop/evaluation…Do not expect it until day 2 unless it is moved up by consensus…

17. TOWN ATTORNEY REPORT

18. ADJOURNMENT

more to come….

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