Town Commission

MEETING MINUTES TOWN OF LAUDERDALE-BY-THE-SEA TOWN COMMISSION VIRTUAL REGULAR MEETING MINUTES Jarvis Hall 4505 Ocean Drive Monday, September 14, 2020 6:30 PM 1. CALL TO ORDER Mayor Chris Vincent called the meeting to order at 7:00 p.m. Also present via teleconference were Vice Mayor Alfred “Buz” Oldaker, Commissioner Edmund Malkoon, Commissioner Elliot Sokolow, Commissioner Randy Strauss, Town Manager Bill Vance, Assistant to the Town Manager Neysa Herrera, Town Attorney Susan Trevarthen, Finance Director Lucila Lang, Municipal Services Director Ken Rubach, Town Planner Jhanelle Campbell, Jay Flynn, Town Engineer, Special Projects Coordinator Debbie Hime, Human Resources Manager Lisa Slagle, Public Information Officer Steve d’Oliveira, and Town Clerk Tedra Allen. 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. INVOCATION – MOMENT OF SILENCE 4. ADDITIONS, DELETIONS, DEFERRALS OF AGENDA ITEMS Item 13a was tabled until the September 21, 2020 Town Commission meeting. 5. PRESENTATIONS None. 6. PUBLIC COMMENTS Town Clerk Tedra Allen read the following public comments: • Cristie Furth, resident, requested that the Commission consider the hardships experienced by Town businesses and residents during the ongoing COVID-19 pandemic, and asked that taxes and spending be minimized in response; she also recommended the reinstatement of in-person Town meetings • Barbara Cole, resident, asked that Commission, advisory board, workshop, and other special meetings be resumed in person in Jarvis HallDocuSign Envelope ID: F0DD2C43-DCE5-4098-8200-8147FBDFC90D

Lauderdale-By-The-Sea Virtual Town Commission Meeting September 14, 2020 Page 2 of 8 7. PUBLIC SAFETY DISCUSSION 7.a VFD July & August 2020 Report (Chief Judson Hopping) Town Manager Vance noted that the Volunteer Fire Department (VFD) continues to provide face coverings to the public free of charge in the Downtown area. Vice Mayor Oldaker made a motion, seconded by Commissioner Strauss, to approve. Motion carried 5-0. 7.b BSO August 2020 Report (Captain Thomas Palmer) Captain Thomas Palmer of the Broward Sheriff’s Office recognized Rene Suarez and Miguel Mirabal as August 2020 Employees of the Month. He also recognized Deputy George Figueroa for responding to a medical call and saving an individual’s life. Vice Mayor Oldaker requested a greater Police presence on Commercial Boulevard to discourage excessive speed. Commissioner Sokolow added that drivers on Commercial Boulevard are making unsafe traffic maneuvers in addition to excessive speeds. Captain Palmer confirmed that BSO has received complaints of drivers using medians for passing at unsafe speeds, and enforcement efforts are underway. Commissioner Strauss noted that there have been noise complaints on Commercial Boulevard and A1A as well. Vice Mayor Oldaker also requested an update on patrols of the Intracoastal Waterway. Captain Palmer advised that the Broward Sheriff’s Office Marine Unit and Fort Lauderdale Marine Unit are working to address complaints of Jet Skis and other speeding vessels creating wakes and endangering public safety on the waterway. They have contacted rental companies to ensure their customers are aware of waterway regulations. Vice Mayor Oldaker made a motion, seconded by Commissioner Strauss, to approve. Motion carried 5-0. 8. TOWN MANAGER REPORTDocuSign Envelope ID: F0DD2C43-DCE5-4098-8200-8147FBDFC90D

Lauderdale-By-The-Sea Virtual Town Commission Meeting September 14, 2020 Page 3 of 8 Town Manager Bill Vance advised that this report was included in the comprehensive presentation made at the First Public Budget Hearing earlier in the evening. This report will return at the next scheduled Commission meeting. Mayor Vincent asked how long the Town anticipates maintaining barricades in the Downtown area to encourage public safety as Phase 1 of COVID-19 recovery moves into Phase 2. He also suggested that the closure of portions of A1A be considered when full public activity has resumed Downtown. Town Manager Vance confirmed that these barricades are likely to remain at least through October and/or November 2020. He noted that it may be preferable for the Town to purchase the barricades rather than renting them if they continue to be used for a number of additional months. Captain Palmer added that these barriers are used for other community events, such as holiday celebrations, as well as during the pandemic. Commissioner Malkoon asked for the full Commission’s input on resumption of public meetings in Jarvis Hall. Mayor Vincent noted that the Governor’s Emergency Order permitting virtual meetings is set to expire on October 1, 2020. It is possible that another Emergency Order will be issued close to this date to either extend or absolve the previous Order. It will then be up to each municipality and county to make its own decision regarding whether or not to resume in-person public meetings. Mayor Vincent recommended addressing this issue either at the next scheduled meeting or awaiting further Governor’s Orders at the end of September 2020, at which time additional indicators regarding the spread of COVID-19 are expected to be available to show the trend of the virus. Commissioner Malkoon observed that Jarvis Hall may be able to provide space for appropriate social distancing. He noted that it may not be necessary for all Staff members to attend public meetings in person. He also pointed out that the upcoming public meeting to address the El Mar Drive project is of significant importance to the Town, and that not all members of the public may be aware of how to participate in meetings using communication technology. Commissioner Sokolow asserted that he was not in favor of placing members of the public in harm’s way while virtual meetings continue to function as an alternative. He noted that members of the public who cannot access this technology may be able to attend via a Zoom platform at Jarvis Hall and make comments from that location.DocuSign Envelope ID: F0DD2C43-DCE5-4098-8200-8147FBDFC90D

Lauderdale-By-The-Sea Virtual Town Commission Meeting September 14, 2020 Page 4 of 8 It was determined that the September 22, 2020 special meeting regarding the El Mar Drive project would proceed as scheduled at this time. 9. TOWN ATTORNEY REPORT Town Attorney Susan Trevarthen noted that the Commissioners have not yet fulfilled their annual requirement for ethics training. It was determined that the Commission would meet on October 13 and October 27, 2020, from 4 p.m. to 6 p.m. for this training. 10. APPROVAL OF MINUTES 10.a Approval of Minutes (Tedra Allen, Town Clerk) i. July 21, 2020 Town Commission Meeting Minutes Commissioner Sokolow made a motion, seconded by Vice Mayor Oldaker, to approve. Motion carried 5-0. ii. August 11, 2020 Town Commission Meeting Minutes Commissioner Sokolow made a motion, seconded by Vice Mayor Oldaker, to approve. Motion carried 5-0. 11. CONSENT AGENDA Commissioner Malkoon requested additional discussion of Item 11.b. Vice Mayor Oldaker also requested that Items 11.c and 11.f be pulled for discussion. 11.a Woman’s Club FY 21 Parking Permit Request (Tedra Allen, Town Clerk) 11.b HRCC Final Report to the Town of Lauderdale-By-The-Sea Job Descriptions and Pay Plan (Bill Vance, Town Manager) Commissioner Malkoon asked if this study accounted for the size of Lauderdale-By- The-Sea in comparison to other nearby municipalities when considering salaries and positions. He observed that some positions will be much more comprehensive and have greater responsibility in larger communities.DocuSign Envelope ID: F0DD2C43-DCE5-4098-8200-8147FBDFC90D

Lauderdale-By-The-Sea Virtual Town Commission Meeting September 14, 2020 Page 5 of 8 Human Resources Manager Lisa Slagle confirmed this, pointing out that these positions are also likely to have larger staffs and budgets in larger communities. These are taken into consideration for purposes of comparison. Town Manager Vance added that job descriptions apply only to full-time Town employees and their responsibilities, which may include managing contracted resources. Commissioner Malkoon recommended that the Town develop a succession plan in the event that the Town Manager became unable to perform his duties. Human Resources Manager Slagle pointed out that there is a job description for a Deputy Town Manager, which is currently vacant. While there are no plans to fill this position within the coming fiscal year, the Commission could temporarily designate an Acting Town Manager on a temporary basis in the event of an emergency. Commissioner Malkoon requested that this discussion be placed on a future Agenda. Vice Mayor Oldaker made a motion, seconded by Commissioner Strauss, to approve. Motion carried 5-0. 11.c American Medical Response (AMR) Agreement Renewal (Bill Vance, Town Manager / Neysa Herrera, Assistant to the Town Manager) Vice Mayor Oldaker noted that the contracts for both American Medical Response (AMR) and C.A.P. Government, Inc. are renewals rather than new agreements. AMR will receive a 3% increase and C.A.P. Government’s costs will not change. Commissioner Sokolow made a motion, seconded by Vice Mayor Oldaker, to approve. Motion carried 5-0. 11.d Chamber of Commerce Agreement Renewal (Bill Vance, Town Manager / Neysa Herrera, Assistant to the Town Manager) 11.e First Amendment to Agreement between Broward County and the Participating Municipality for Participation in the Consolidated Regional e-911 Communications System (Susan Trevarthen, Town Attorney / Thomas Palmer, BSO) Commissioner Sokolow made a motion, seconded by Vice Mayor Oldaker, to approve Items 11.a, 11.d, and 11.e. Motion carried 5-0.DocuSign Envelope ID: F0DD2C43-DCE5-4098-8200-8147FBDFC90D

Lauderdale-By-The-Sea Virtual Town Commission Meeting September 14, 2020 Page 6 of 8 11.f C.A.P. Government, Inc. Agreement Renewal (Linda Connors, Development Services Director) Mayor Vincent referred to a clause of C.A.P. Government’s contract that addressed the hiring of additional personnel to ensure that the work, review, and inspection processes proceed smoothly and without delay. He emphasized the importance of ensuring this process moves forward in a fluid and timely manner. Commissioner Sokolow made a motion, seconded by Vice Mayor Oldaker, to approve. Motion carried 5-0. 12. OLD BUSINESS None. 13. NEW BUSINESS 13.a Approval of a GMP with Man Con Incorporated for Terra Mar Stormwater Improvements (Bill Vance, Town Manager / Jay Flynn, Town Engineer / Ken Rubach, Municipal Services Director) This Item was tabled until the September 21, 2020 Town Commission meeting. 14. COMMISSIONER COMMENTS Commissioner Strauss offered the Commission’s prayers for residents of Louisiana who recently experienced Hurricane Sally as well as the two Police Officers who were injured in California. He encouraged residents to patronize the Town’s local retailers and restaurants. Vice Mayor Oldaker acknowledged the removal of the former Holiday Inn structure at the entrance to the south end of the Town. He felt this, along with the A1A/Hibiscus Drive crosswalk, would be an important improvement to the Town. Vice Mayor Oldaker requested additional information regarding activity at El Mar Drive/Commercial Boulevard. Town Planner Jhanelle Campbell advised that the subject property is undergoing renovations to convert it into two retail spaces. There will be no second story to this property, although a mezzanine is being added.DocuSign Envelope ID: F0DD2C43-DCE5-4098-8200-8147FBDFC90D

Lauderdale-By-The-Sea Virtual Town Commission Meeting September 14, 2020 Page 7 of 8 Vice Mayor Oldaker concluded by cautioning residents to be aware of the ongoing and active 2020 hurricane season. Mayor Vincent noted that there are currently no applications for the rental of either of the retail spaces to which Planner Campbell and Vice Mayor Oldaker had referred. 15. ORDINANCES 1ST READING 15.a Ordinance 2020-07: AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA AMENDING CHAPTER 30 “UNIFIED LAND DEVELOPMENT REGULATIONS,” ARTICLE V “ZONING,” DIVISION 2 “DISTRICTS,” SUBDIVISION L “B-1-A DISTRICT REGULATIONS,” AND SUBDIVISION M “B-1 DISTRICT REGULATIONS” TO MODIFY REGULATIONS AND STANDARDS RELATED TO OUTSIDE SEATING FOR RESTAURANTS ON PRIVATE PROPERTY, OTHER THAN A SIDEWALK; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (Linda Connors, Development Services Director) At this time Mayor Vincent opened public comment, which he closed upon receiving no input. Planner Campbell recalled that the Town Commission held a workshop in May 2019 to discuss issues such as noise, signage, and outdoor dining/sidewalk café regulations. They requested that Staff bring forward an Ordinance to amend these regulations, which has previously passed. Because the Ordinance was not advertised correctly, however, it was deemed invalid, and the Ordinance is brought back for reconsideration following proper advertisement on July 25, 2020. There have been no changes to the Ordinance itself, which was previously known as Ordinance 2020-01. Commissioner Sokolow made a motion, seconded by Commissioner Malkoon, to approve. Motion carried 5-0. 15.b Ordinance 2020-08 - AN ORDINANCE OF THE TOWN OF LAUDERDALE-BY-THE-SEA, AMENDING CHAPTER 1 “GENERAL PROVISIONS,” CHAPTER 9 “FLOOD PREVENTION AND CONTROL,” AND CHAPTER 30, “UNIFIED LAND DEVELOPMENT REGULATIONS” TO COMBINE THE PLANNING AND ZONING BOARD, BOARD OFDocuSign Envelope ID: F0DD2C43-DCE5-4098-8200-8147FBDFC90D

Lauderdale-By-The-Sea Virtual Town Commission Meeting September 14, 2020 Page 8 of 8 ADJUSTMENT, HISTORIC PRESERVATION BOARD, AND LOCAL PLANNING AGENCY TO SERVE AS ONE BOARD; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. (Linda Connors, Development Services Director) At this time Mayor Vincent opened public comment, which he closed upon receiving no input. Vice Mayor Oldaker made a motion, seconded by Commissioner Strauss, to approve. Motion carried 5-0. 16. ORDINANCES 2ND READING None. 17. RESOLUTIONS – PUBLIC COMMENTS None. 18. QUASI JUDICIAL PUBLIC HEARINGS None. 19. ADJOURNMENT With no other business to come before the Commission at this time, the meeting was adjourned at 8:02 p.m. __________________________________ Mayor Chris Vincent ATTEST: ____________________________________ ___________________ Town Clerk Tedra Allen DateDocuSign Envelope ID: F0DD2C43-DCE5-4098-8200-8147FBDFC90D 10/19/2020

Public Comments Town Commission Meeting September 14, 2020 Barbara Cole, resident Mayor, Commissioners- The time has come for discussion and action to resume Jarvis Hall Commission, Board and Special meetings. Jarvis Hall has had a few meetings already and Town Hall has employees returned as well. The hall capacity allows for an acceptable percentage that maintains social distancing and safety precautions. Plexi- glass could easily be installed between dais members while allowing commission/ staff to continue on Zoom if they prefer. Staff could either social distance in hall or come in from their offices for their agenda reports along with the Zoom option. The normal attendance at meetings is well below the allowed number of attendees at either 25 or 50 percent. Jarvis Hall will be open for the November 3, 2020 Presidential election which also shows it can be safely opened again. Any concerns of a large turnout can easily be dealt with using the outside area if the increase is due to an issue bringing people for public comments at the podium just as voters who will wait to vote. It is time for constituents and commissioners to meet and hear each other in person again. I ask that this be discussed tonight so that the 9/22 / 2020 El Mar Drive Special Meeting and the 2nd Budget meeting along with the next commission meeting are in person at Jarvis Hall. Christie Furth, resident Good Evening Commissioners Please consider the hardships Lauderdale by the Sea businesses and residents have endured since Covid-19 hit us in March. Many of us have had little or no income and hopes of a quick rebound have not panned out. We have all had to cut back, some using up their savings to pay bills, taxes and insurance, some facing eviction and food insecurity. Please be mindful, as we all must, to keep taxes and spending to a minimum during these trying times. Another topic is the reopening of Jarvis Hall for Commission Meetings. It is time, Commissioners need to interact with Citizens over important community issues. If participants follow proper CDC protocols and limit attendance there is no reason not to reinstate in-person Commission meetings immediately, especially for an extremely important meeting set for next Tuesday, Sept. 22 when the Commission may vote to proceed with an El Mar Design plan.DocuSign Envelope ID: F0DD2C43-DCE5-4098-8200-8147FBDFC90D

The El Mar decision could affect the ambiance of Lauderdale by the Sea forever. Two plans have been designed and presented for comment on the Town website. However, I found that the most controversial aspect of the one lane plan had been omitted. The pull-out parking lots for trucks had been removed from landscaped median. Also, no mention of median truck pull outs was listed in either the narrative or legend. This omission appeared to make the one lane rendering more appealing than it really is so I'm glad this will soon be remedied and viewers will get accurate information on which to base comments. Bottom line; Lets keep the El Mar plan simple; 1. Preserve our beautiful, wide median 2. Replace our broken sidewalks and swales 3. Add lighting Stuart Dodd, resident Having sat in the same seats as you all I would like to point out that it was a matter of pride to do our utmost to keep the millage the same. Under Connie Hoffman’s leadership we managed to achieve this for many years and also carry out the renovations from the ICW to the Pavilion. Ask yourselves how this was done? One question to ask is – what were the staff levels and structure while she was in the driver’s seat and compare them to the staff levels today? How many staff do we now have and are we working any better than we were in the past? The second question to ask is how much have we spent on reports and consultants. To my knowledge we have spent a considerable sum on trying to plan the improvements to El Mar drive when we could have achieved the same conclusion using our own staff. Did we need the consultants to draw up all the fancy schemes - one lane, two lanes, bike lanes, when we should be looking at improving the sidewalks and repairing the drainage. That’s what the residents, property owners and daily users want. Two lanes works and has done for many years and we don’t need to spend millions doing away with most of the medium to satisfy a 5 foot barrier between cars and peds or providing a specific bike lane if users share the roadway. Many people are struggling financially and it is financially irresponsible to increase the millage rate and add to their burden at this point in time. El Mar doesn’t need millions and I am personally on record that we shouldn’t be spending millions in providing sewers to increase the property values in the horizontal co-op called “The Palm Club”. We have Sea Ranch Lakes also on septic tanks so why use town money on private property to get rid of their septic tanks when we can’t eradicate them completely. Maybe this is a project that should be delayed until the next financial year.DocuSign Envelope ID: F0DD2C43-DCE5-4098-8200-8147FBDFC90D

Please ask the important questions and help our residents and businesses by keeping the millage the same as last yearDocuSign Envelope ID: F0DD2C43-DCE5-4098-8200-8147FBDFC90D