Hey...They’re Closing the Bridge!
Oakland Park Blvd Bridge to Close - 2 Plans - You Choose!
 | | OAKLAND PARK BLVD BRIDGE TRAFFIC |
On Tuesday, Feb 1, 2005 the City Commission heard an FDOT (Florida Department of Transportation) representative present their plans to paint the Oakland Park Bridge. The City Commission is soliciting the opinion of affected residents to help select one of two plans. These are the 2 choices.
- Plan #1 would totally close the bridge to pedestrians and vehicles for 18 days (two and a half weeks). The contractor would also be allowed to work through the night as long as their equipment is constrained to acceptable noise levels.
- Plan #2 would restrict vehicular traffic to 2 lanes (1 eastbound and 1 westbound) and permit pedestrian traffic during a 90 day (three month) construction schedule. Plan #2 also requires 2 week-ends of total closure and includes the total closure over the July 4th holiday week-end. Under either scenario, boat traffic would be maintained throughout the entire construction schedule.
PLEASE VOTE FOR THE PLAN OF YOUR CHOICE! Your vote will be anonymously communicated to the Fort Lauderdale City Commission before they select one of the two plans on Tuesday, February 15th. They want to base their decision on your feedback. Please click the SEND button on one of the two options below to send an email indicating your preference. Its in your hands!
- Click Here to send an email with an expanded version of your opinion.
Final Results of the Vote
 On Tuesday, Feb 15, 2005 the final results of the vote were transmitted to the Fort Lauderdale City Commission prior to their meeting. The results were as follows:
- 78 votes for Plan 1 (totally close the bridge to pedestrians and vehicles for 18 days)
- 5 votes for Plan 2 (restrict vehicular traffic to 2 lanes - 1 eastbound and 1 westbound - for 90 days and totally close for two full weekends)
15 additional votes were cast after the tally was reported to the City Commission. The final tally of all votes was:
- 91 votes for Plan 1
- 7 votes for Plan 2
- 5 votes for not painting the bridge (not an option)!
Responding to community input, the City Commission selected Plan 1... the closing of the bridge to traffic for 18 days.
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The Council of Fort Lauderdale Civic Associations
and the City of Fort Lauderdale invite you to attend
NEIGHBORHOOD  SERVICES NIGHT
Meet City Staff and Learn about Programs, Services and Opportunities Available to You!
|
| | Building Services |  | Parking Services |
| Engineering | Parks and Recreation |
| Finance | Planning and Zoning |
| Fire-Rescue | Police |
| Housing Programs | Procurement Services |
| Human Resources | Sanitation Services |
| Neighborhood Services | Water, Sewer and Utilities |
Demonstrations by the Police and Fire-Rescue Departments
Complimentary Food and Refreshments
|
| | The Date: Tuesday, May 10, 2005 | The Time: 6:00 – 9:00 P.M |
| The Place: City Hall, 8th Floor |
| 100 N. Andrews Avenue Fort Lauderdale, Florida 33301 |
 For more information, Call Genia Ellis at (954) 463-9525, Email: ellisjazz@bellsouth.net OR
Hal Barnes at (954) 828-5065, Email: hbarnes@fortlauderdale.gov
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Notice 
Vice Mayor Christine Teel &
The Alliance of District One Homeowners
As They Welcome
Representative
Ellyn Bogdanoff
For a Discussion about the Expanding Cost of
Homeowners Insurance
The Date: Monday, July 18th, 2005
The Time: 6:30 P.M.
The Place: The Beach Community Center
3351 NE 33rd Avenue in Fort Lauderdale
Please call Catherine Wichmann at the City Commission Office for additional information - 954-828-5033, Email: CWichmann@fortlauderdale.gov.
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Vice-Mayor Christine Teel, District I and
Commissioner Dean Trantalis, District II
Emergency Medical Services:  When do we call 911?
SPECIAL GUESTS:
- Dr. Nabil El Sanadi, Chairman and Director of Emergency Medicine
- Mr. Wil Trower, Chief Executive Officer Of the North Broward Hospital District
The Date: Thursday, December 8th, 2005
The Time: 7:00 PM
The Place: The Beach Community Center
3351 NE 33rd Avenue in Fort Lauderdale
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 The Perfect Condo Market 
 January 10, 2005 - “The Perfect Storm” is a movie pitting man against the elements. The title is an allegory for the assortment of meteorological events that coalesced to create a powerful and unique backdrop for a schmaltz-on-toast mythic struggle. More people came to see the Herculean weather dynamic than to watch Mark Wahlberg or George Clooney jerk tears. In South Florida, a similar unique confluence of factors has conspired to formulate “The Perfect Condo Market”. The Fort Lauderdale budget circus couldn’t crimp the high-flying market. Not even the four-hurricane season that prompted the jittery State to spend millions putting the bloom back on the tourism rose (and spurred the Governor to call a special session in Tallahassee) could slow it down.
In the late 1980s and early 1990s, South Florida was awash in multifamily units that overoptimistic developers churned out like Pez. Assembly line homebuilders were giving plaid stamps and Dolphin tickets to potential purchasers. Alan Greenspan’s Fed KO’d the high flying equities market with five ill-advised rate hikes. With the collapse of the Dot.Com driven stock market, orphaned investment dollars took up residence in the overbuilt and underpriced South Florida Real Estate environment. Properties were quickly absorbed by stock-shy former day traders at K-Mart prices. Broward County realtors soon realized that inventories were depleted. Savvy developers grabbed and earmarked the few remaining waterfront lots for high priced, high rise pre-construction sell-outs. Overnight, single family homes acquired a premium not seen for two decades.
Miami’s longstanding status as a center of world trade has diffused throughout the region. South Florida not only continued to attract emigration from the north, but its growing reputation as an international hub precipitated a world-wide population influx. The decline of the dollar has widened the welcome mat to international investment and fulfilled the dreams of world-wide second home buyers. The 200,000 euros that couldn’t dent the market several years ago, now places European travelers into luxury beachfront condos.
After recovering from 9/11, South Florida’s historical tourism and import-export business was joined by other industrial resettlement attracted by the region’s enticing economic environment. The exploding Florida Information Technology industry (Computer Hardware and Software), Biomedical Research and Development (i.e. Scripps in Palm Beach County), Motion Picture production, Telecommunications, Surgical and Medical Instruments, etc. intensified the demand on housing and helped expand the seller’s market from the coastal region through West Broward. The growing population required a commensurate expansion of public services. Accompanying the increase in Broward’s new business residents, public sector personnel working in Fire, Police and Parks Departments, teachers, nurses, etc. placed additional pressure on housing.
 | | GALT OCEAN MILE BEACHFRONT CONDOMINIUMS |
On the Barrier Island, “affordable housing” became a cynical oxymoron. The exuberant market shot home prices out of reach for all but the healthiest household budgets. The average home buyer, unable to compete for housing in the County’s single family home market, turned to multiunit housing (townhouses, condominiums, coops, etc.). Those left behind by escalating housing price points turned to the rental market. Since a large segment of rentals are condominiums, this neglected to relieve the pressure on dwindling housing stocks. Since land availability for luxury coastal and downtown multifamily high-rise construction had thinned, developers targeted South Florida’s western suburbs. Mixed use developments and apartment house conversions in Kendall, Sunrise, Plantation and West Boca that were zoned as “affordable” housing experienced “appreciation creep” within days of permit approval.
A substantial contingent of the Barrier Island’s “second home” retirees encountered an unanticipated consequence of their overnight windfall. Those unprotected by the “Save Our Homes” amendment found that the increased taxes on their newly appreciated properties had outstripped their fixed incomes. This precipitated a multi-year selloff that lowered the age demographic of the County’s beach communities. However, this contribution to available stocks was offset by many sellers then opting for less expensive replacement housing, resulting in no net inventory increase - simply turnover.
Another large segment of the existing population is the empty nested baby boomers. After launching their progeny into society at large, the average nuclear remnant of 1 or 2 parents occupied a residence that previously housed 4, 5 or more family members. Aside from stirring activity for realtors, their obvious inclination to downsize had little net effect on the overall market. While putting single family homes back into play, the relocating parents made the natural transition to multi-unit housing. To avoid a significant tax consequence, profits from the sale of their home were often reinvested into another property - the ideal candidate being a smaller, less demanding, condominium unit. Of course, South Florida continued to receive the lion’s share of downsizing empty nested baby boomers from across the country, further squeezing the condo market.
From January 2003 to June 2004, prices of South Florida condos climbed by as much as 24 percent while single-family houses, which typically cost more, only increased by 18 percent. Marketing researchers expect the gap between multi and single family homes to further widen when the year-end statistics are released. In fact, condominium appreciation is expected to substantially outpace the rest of the housing market. On the Barrier Island, the discrepancy is more pronounced as many condo unit prices have more than doubled over the past few years. Three bedroom luxury units in 35 year-old Galt Mile buildings like the Regency Tower, the Commodore Condominium, Ocean Summit and Galt Towers that went for $180,000 in 1996 and jumped to $300,000 in 2000 were selling for over $600,000 by the end of 2004.
 | | NAR’S DR. DAVID A. LEREAH |
Analysts have identified the current hot market as “having legs”. Dr. David A. Lereah, chief economist for the National Association of Realtors (NAR), explained, “We’ve seen an incredible pace of existing condo and co-op sales over the last six months, but we’re also seeing some exceptional price appreciation.” Anomaly markets driven by one or two factors are predictably limited and, as such, often spontaneously decline. While markets are cyclical, those that enjoy a broad base and substantial economic underpinnings proliferate until the impelling factors deteriorate. The combination of first-time buyers, single professionals, young families, employees of newly relocated businesses, retirees, casual investors and hardcore speculators, downsizing baby boomers and animated domestic and international second-home markets comprise a broad sustainable base.
Low interest rates, growing consumer confidence (102.3 as of December 2004) and a demand that outstrips supply form the basis of the market’s economic foundation. Dr. Lereah explained that some of the backup in housing demand is being met, “We’re setting our fourth consecutive record year for existing-home sales, and even with strong fundamentals such as household growth, low interest rates and an improving economy, we simply can’t set records every year. Given the sharp rise over last year’s record, a lot of buyers have found the home they’ve been looking for and we can expect a bit of a breather in 2005, which will remain a historically strong year.” Lereah predicts the 30-year fixed-rate mortgage should rise slowly but average only 6.4 percent in 2005. The re-emerging equities market, while initially presumed to be a competitive threat to real estate appreciation, has had little impact on climbing prices.
 Analysts concur that the real threat to the market’s economic basis is runaway energy (oil) costs and the Federal Government’s $400 billion deficit (CBO projection). According to NAR’s Dr. Lereah, massive international capital inflow derived of the weak dollar has kept interest rates low, temporarily offsetting upward rate pressure from exploding Federal deficits. While international investment and oil prices are volatile factors over which we exert limited influence, our self-inflicted record deficits are the greatest threat to a market-friendly, low interest rate environment.
 While the market appears sustainable and well grounded, rampant speculation has overstimulated prices. New developments at every price point are being closely monitored by motivated investors. As pre-construction sales opportunities arise, these short-term speculators grab a block of units for quick resale, often to another speculator. Every turnover adds an additional price premium. Jack Winston, a senior consultant at Goodkin Consulting in Miami (and an adjunct professor at the University of Miami’s Schools of Architecture and Law), said “such investors make up about 70 percent of the new condo buyers in Miami. In Broward and Palm Beach counties, they make up between 20 percent and 40 percent of buyers.” Lewis M. Goodkin (Goodkin Consulting’s founder) adds, “Traditionally, the development industry’s biggest challenge is avoiding an oversupply. The huge surge in speculative buying/selling in the past three years has distorted real demand in the market, setting the wheels in motion for a rude awakening.” Goodkin characterized the danger as “a condominium bubble” that would behave “like a giant margin call.”
Condominium Associations usually protect themselves from speculators by infusing their Condo Docs with restrictions requiring the purchaser to hold the unit for a year or two before the Association will agree to the transfer of title. However, in the pre-opening phase until such time that the new owners represent a majority of the residents, the governing “Board” is controlled by the developer. During this interim period, units can be summarily resold at the developer’s discretion. This pre-opening “Flip-Mart” serves to soften the developer’s substantial financial exposure. To protect themselves from the tidal wave of speculative investment, banks and other mortgage lenders are requiring down payments of 20% or more.
 The downside to this glowing real estate environment is that it’s rooted in a non-renewable limited resource…land. Broward’s population of 1.6 million is expected to grow to 2.5 million by 2030. In an August 2003 report entitled “Accommodating Population Growth in Broward County, 2000 to 2030”, the Broward County Office of Urban Planning and Redevelopment asserts, Existing vacant land is insufficient to sustain the anticipated population growth. All vacant residential land in Broward County will be absorbed before 2030: Build out conditions will be reached by 2015 for single family and by 2010 for multi-family units.”
The fact that land is a zero sum game presents two significant problems. As previously stated, the exploding population requires a proportional increase in accessible public services. Due to the shortage of available land, accommodating this need after the fact is not an option. Provisions for traffic control and route planning, hospitals and medical services, police and fire services, green space and commercial access must be made before the land is “spoken for”. There isn’t any additional space that could serve as a safety net once build out conditions are attained. This leaves five years (for multi-unit housing) to ten years (for single family homes) to incorporate a public services framework into the “master plan” before it is too late.
The second problem stems from the frenetic pace of this market. To financially optimize the real estate heat, developers are churning out construction in a hurry. There are 30 municipalities within Broward County, each exhibiting different land use, population, and development characteristics. Trying to achieve services equilibrium for Broward’s rapidly morphing municipalities has Planning and Zoning Boards in a dither. Instead of filling out a “master plan” in an organized manner, planners must compromise “on the fly”, deftly dancing around codes while hoping to hit a moving target. To avoid legal entanglements with the developer and the ire of project neighbors, planning boards squash and stretch municipal code guidelines while racing to plunk the property into next year’s tax roll.
Some analysts predict a slowdown of appreciation in about two years when a glut of new units hits the market and investors have to unload them. While waterfront luxury housing will likely hold its value, huge developments currently under construction in West Broward and Palm Beach Counties should soften without the hyperactive investment that currently inflates appreciation. Lewis Goodkin depicts a "best case scenario" when this happens in 2006 as “all the speculators will close on their units – then put them back on the market to compete with new construction at that time.” Those temporarily forced into the rental market anxiously await the advent of this correction to realize their slice of “The American Dream”... to own a home!
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 Homestead Exemptions Made Easy
 All legal Florida residents are eligible for a Homestead Exemption on their homes, condominiums, co-op apartments, and certain mobile home lots if they qualify. The Florida Constitution provides this tax-saving exemption on the first $25,000 of the assessed value of an owner/occupied residence. You are entitled to a Homestead Exemption if, as of January 1st, you have made the property your permanent home or the permanent home of a person who is legally or naturally dependent on you. The filing period for homestead exemption for 2005 is March 2, 2004 Through March 1, 2005.
When filing an application you must bring the following items listed below, dated prior to January 1, 2005. All owners occupying the property prior to January 1, 2005 must file in person on jointly held property, other than husband and wife, who may file for each other, with the required documents for both (copies or originals). If you are married and the deed has different last names for husband and wife, a marriage license/certificate must be presented.
Proof of Ownership: Recorded Warranty Deed, Co-op Propriety Lease, Notice of Proposed Taxes or Tax Receipt, if in your name(s) . A deed must be presented if the property is jointly owned. If the PROPERTY IS HELD IN A TRUST, A COMPLETE COPY OF THE TRUST AGREEMENT IS REQUIRED.
Proof of Permanent Florida Residence, ALL DATED PRIOR TO JANUARY 1, 2005:
- Florida Voter’s Registration or Recorded Declaration of Domicile - REQUIRED.
- Florida Driver’s License (“Valid Only in Florida” license is not acceptable) or Florida Identification Card - REQUIRED.
- Florida Vehicle Registration - REQUIRED.
- Non U.S. Citizen must bring permanent Visa (Green or Pink Card) or Political Asylum Documentation and Recorded Declaration of Domicile - REQUIRED.
Note: it is generally against the law for a Florida resident to drive in Florida with an out-of-state license or tag if he/she claims Homestead Exemption (Sections 320.37 and 322.08 Fla. Statutes).
The State mandated application form requires the following information For All Owners Living On The Premises and Filing.
- Current employers of all owners
- Addresses listed on last I.R.S. income tax returns
- Date of each owner’s permanent Florida residence
- Date of occupancy for each property owner
- Social security numbers of all owners filing are required
Homestead Exemption does not transfer from property to property. If you had this exemption last year on another property and moved, you must file a new application for your new residence. Notify the Property Appraiser to cancel the exemptions on your former home. Property purchased during last year may show qualified exemptions of the seller. The sellers' exemptions will not carry over to this year; you must apply for your own exemptions!
The amount of the homestead exemption granted to an owner residing on a particular property is to be applied against the amount of that person’s interest in the property. This provision is limited in that the proportional amount of the homestead exemption allowed any person shall not exceed the proportionate assessed valuation based on the interest owned by the person. For example, assuming a property valued at $40,000, with the residing owner’s interest in the property being $20,000, then $20,000 of the homestead exemption is all that can be applied to that property. If there are multiple owners, all as joint tenants with rights of survivorship, the owner living at property filing receives the full $25,000 exemption.
Residents 65 years or older may qualify for the additional “Senior Exemption”. Qualified seniors must have a total household adjusted gross annual income not in excess of $22,096 to be eligible for the additional exemption. This exemption must be applied for annually. While current exemption holders can apply by mail after January 1, 2005, first time applicants are required to apply in person.
 In addition to the eight local Property Appraiser’s offices available to residents in Broward, the Broward County Property Appraiser’s Office will conduct special taxpayer sign-up sessions for the 2004 Homestead Exemption and Senior Exemption at City Hall, the Beach Community Center, and various Homeowners and Civic Associations this November, December, January and February. The Appraiser’s Office will send Deputy Appraisers to the meeting locations to assist members and new area residents with their property tax exemptions filings.
Beach Community Center (3351 NE 33rd Street) sign-up dates are:
- Friday, December 17th - 10:00 AM - 12:00 Noon
- Friday, January 21st - 10:00 AM - 12:00 Noon
- Friday, February 18th - 10:00 AM - 12:00 Noon
NOTE: For the Homebound who cannot leave their home and need to file for Homestead Exemption, please call 954-357-6830.
 | ROCKY RODRIGUEZ WITH
NEW BCPA - LORI PARRISH |
Former Broward County Commissioner Lori Parrish defeated J. R. Markham in a hard fought Democratic Primary and challengers Mark Taravella, John J. Makos and write-in candidate David Longstaff in the main event on November 2nd to become the next Broward County Property Appraiser. Ms Parrish will assume the reins of her new office from its current occupant, Rocky Rodriguez, on January 3, 2005. Mr. Rodriguez inherited the position from former Broward Property Appraiser William Markoff upon his untimely passing. The Broward County Property Appraiser maintains a web site at “http://www.bcpa.net”.
The Property Appraiser’s office has instituted a new Online Homestead Filing Program. While the Property Appraiser’s Outreach Program is remarkably convenient for new filers, the internet-based program is even easier. You can save time, gas-money and avoid lines and crowds that assemble at the eight local Broward offices.
 Galt Mile Residents
- Please contact Bob Wolfe of Inter-Governmental Media Relations at (954) 445-5732 or at media@bcpa.net for further information.
- Click Here to access the Broward County Property Appraiser web site in English, Spanish or Creole.
- Click Here for additional information about Homestead Exemptions.
- Click Here for info about Senior Exemptions and...
- Click Here to access the Online Homestead Filing Program and file for your exemption the easy way!
- Click Here to check the status of your 2005 Homestead Application (may take until late May)
- Click Here to use the Home Buyer’s Tax Estimator
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Congressman E. Clay Shaw Jr.
“A Social Security Update”
“Every responsible financial advisor recommends a diversified portfolio to clients. In addition to investing in growth and value equities, corporate bonds, government bonds, precious metals and perhaps some real estate, professional consultants will always put some resources in the mattress. A portion of any model financial plan has some ‘rainy day’ money sitting in savings accounts. Gambling with futures and options can make you rich but that cash in the bank will buy food if your crystal ball malfunctions. While Social Security was never intended to serve as a self-sufficient retirement plan, it gives every participant a ‘cash in the bank’ safety net should their other ‘life’s plan’ investment machinations go awry.” - Economics of Financial Planning 101
 | FLORIDA CONGRESSMAN
E. CLAY SHAW JR. |
February 22, 2005 - Whether or not he’s conversant with your particular political Muse, Fort Lauderdale Congressman E. Clay Shaw Jr. is conceded numerous admirable qualities by both constituents and peers. His lengthy tenure reflects Herculean staying power. In the 1960s and 1970s, Shaw built an impressive record of service to the residents of Fort Lauderdale as an Associate Municipal Judge, Chief City Prosecutor, and Assistant City Attorney, City Commissioner, Vice Mayor (1973-75) and Mayor (1975-80). Elected twelve times to represent the 500-square-mile, 700,000-person 22nd Congressional District, the Republican Congressman has consistently managed to garner the confidence of his bi-partisan constituency. In fact, his predominantly urban electorate includes an area addressed in whispers by fearful Republican prospects as “the killing fields”. This staunchly Democratic section of Broward County has dashed the political aspirations of Republican hopefuls for decades. Shaw has managed to skate through this dangerous gauntlet unscathed for twenty-four years. His secret? He took a page from Claude Pepper’s playbook. No matter who occupies the White House, Shaw plays to his biggest audience, SENIORS. Not surprisingly, District 22 boasts the highest percentage of over-65 voters in the nation.
 The Congressman convened a 3 PM meeting at the Beach Community Center on February 21st to edify Galt Mile residents about his version of a Social Security rescue. The meeting was innocently entitled, “A Social Security Update”. Social Security is a political minefield. Its mere mention stirs fear in the heart of any elected official with a functioning survival instinct. Once safely re-elected, President Bush turned Social Security into a hot button issue, portending its imminent demise. Responding to the President’s dictum, Republican legislators across the country scheduled local meetings on President’s Day to engender support for the Administration’s controversial intention to channel payroll taxes into the stock market, change the basis for Social Security’s benefit structure from “wage indexing” to “price indexing” and “means test” affluent retirees to lessen their benefits. In turn, Democratic legislators scheduled similar local meetings to mollify overreaction to the Administration’s inflammatory rhetoric. Although the actual depth of the problem is a hotbed of contention, most responsible officials assert that immediate attention to the fund’s projected shortfall would be the least painful prescription. While “fixes” range from radical surgery to minor tweaks, depending on whose “facts” you deem credible, Shaw’s “senior-heavy” constituency is naturally concerned about the efficacy of these supposed “solutions”. The residents in Clay Shaw’s district suspect that their Social Security benefit could fall prey to a political agenda masquerading as “concern for their grandchildren.” An Attorney and a Certified Public Accountant by training, Clay Shaw’s experience has adequately prepared him to authoritatively address his South Florida seniors on this controversial topic. He recently completed a six-year term as Chairman of the House Social Security Subcommittee of the powerful Ways and Means Committee.
 | | AARP CEO BILL NOVELLI |
Congressman Shaw opened the meeting by offering his credentials as a champion of “senior” issues. On March 2, 2004, Shaw’s Social Security Protection Act of 2003 (H.R. 743) was signed into law by President Bush. AARP (American Association of Retired Persons) CEO Bill Novelli commented that Shaw’s legislation would “make Social Security more secure and equitable for millions of the most vulnerable Social Security beneficiaries.” Novelli elaborated, “It will protect Social Security beneficiaries from unscrupulous scam artists and will remove barriers that have prevented individuals with disabilities from working. We (AARP) are pleased to have been part of this significant bipartisan legislation.” Shaw’s legislative history is peppered with efforts to fine tune Social Security... such as the Social Security Number (SSN) Privacy and Identity Theft Prevention Act of 2003 (H.R. 2971). Shaw describes the bill’s rationale as, “In order to protect SSNs from theft in the public and private sector, H.R. 2971 would restrict the sale and public display of Social Security numbers, limit dissemination of Social Security numbers by credit reporting agencies, make it more difficult for businesses to deny services if a customer refuses to provide his or her Social Security number, and establish civil and criminal penalties for violations.” While these bills and others supported by the Congressman nip and tuck to correct inequities in the program’s administration, they carefully avoided exposing the program’s funds to experimentation. By the same token, they don’t include his entry into the “Save Social Security” sweepstakes.
 | | CLAY SHAW EXPLAINS GUARANTEE PLUS PLAN |
Mr. Shaw revealed that entry to Galt Mile residents, City Commissioner Christine Teel, City Manager George Gretsas and other civic leaders at the town hall style meeting. Introducing it as the Social Security Guarantee Plus Plan (H.R. 750), he summarized, “Promised benefits, including cost of living increases, are guaranteed for people receiving benefits today, tomorrow and for all future generations. My plan does not raise taxes, does not lower benefits, and does not change the retirement age.” Shaw explained that while the plan guarantees full, promised, current law benefits for all workers, it does so by setting aside real assets, not IOUs, to pre-fund benefits. “These assets are saved in each worker’s own account, thereby providing workers the opportunity to create real wealth for themselves and their families.” Those who voluntarily participate will receive an annual refundable income tax credit of up to 4% of their earnings, maximizing at $1000, to establish their own Social Security Guarantee Account. Shaw’s concept serves as a voluntary “Add-On” to currently mandated benefits, layering a personal retirement account over the existing Social Security plan. Account owners would select where to invest the funds (from a pre-approved set of alternatives) which then grow tax-free until benefits are paid. Shaw continued, “At retirement or when the worker becomes disabled, a portion of the Guarantee Account is paid directly to the worker and the rest is used to help pay full, guaranteed Social Security benefits. Should an individual die before becoming eligible, the balance of their money will be passed along to their heirs.” Where does the roughly $3 trillion program investment come from? The audience patiently awaited the distinct “thud” that accompanies the other shoe dropping. It never came. The Shaw plan borrows general revenues to fund the accounts. “Even assuming borrowing for a transitional period, my plan pays back every borrowed dollar plus interest within the seventy five-year period. Not only would we pay off the mortgage on Social Security, we would leave workers with substantial account balances and the federal government with excess cash,” Shaw explained.
 | REGENCY TOWER RETIREE
GINIA WEXLER |
Regency Tower Condominium retiree Ginia Wexler asked Shaw how this sizable investment would impact the exploding federal deficit. Shaw responded, “Other plans may cost less, because they cut benefits or raise taxes. If our goal is to pay full promised benefits and enhance them, the Guarantee Plus Plan is the lowest-cost proposal to date. The Guarantee Plus Plan does all this and pays for itself over the seventy five-year actuarial period, and that’s confirmed by the Social Security Administration’s Office of the Actuary in the 108th Congress. Even under the most conservative estimates, the Guarantee Plus Plan allows the new Social Security system to generate surplus cash in the latter part of the century, actually adding black ink to the government’s bottom line.” Former Acting City Manager Alan Silva offered that minor adjustments to the trust fund would correct its current insufficiency. He suggested raising the combined contribution from 6.2% to 6.5% or increasing the current contributions cap from $90 thousand to $140 thousand. Ocean Club Condominium retiree Terry Cook concurred, “I paid into Social Security while making $15 a week, why should someone currently earning $400 thousand annually have 3/4 of their income exempted from contribution?” Shaw expounded the political realities under which the Congress currently operates. A tax increase would alienate Republican support, adulterating the fund would alienate Democratic support and lowering benefits would betray his longstanding commitment to constituents. Ms. Wexler then asked the Congressman about the President’s intention to “means test” affluent retirees, resulting in “richer retirees not getting as much in benefits as their poorer counterparts.” Shaw repeated that his plan eliminated the need to cut anyone’s benefits, obviating the need to conduct tests to determine where such unpopular cuts would elicit the least political blowback.
 | | CONGRESSMAN SHAW ANSWERS QUESTIONS |
A visiting Coral Springs retiree asked the Congressman if his plan received an endorsement by AARP or other legitimate Social Security watchdogs. Shaw answered that the plan’s infancy hasn’t yet afforded AARP the opportunity for an in-depth review, although he “expects their support to be forthcoming.” Congressman Shaw asserted that his plan compared favorably to President Bill Clinton’s aspirations for a Social Security fix while in office. Shaw said that when he recently asked President Clinton his view of the “Add-On” plan, Clinton responded, “I see no reason why it shouldn’t work!” During Clinton’s reign, it was Shaw’s Welfare Reform Bill that the President ultimately signed into law with the avid approval of 98 House Democrats. Shaw anticipates bi-partisan support for his Guarantee Plus Plan, having caucused with key Democratic leaders prior to its release. Shaw exclaimed that Senators Joe Lieberman and Tom Harkin both favor personal retirement accounts that serve as an adjunct to the existing Social Security plan benefits instead of as a replacement.
 The meeting demonstrated Clay Shaw’s remarkable resilience. His plan is a creative response to President Bush’s call to place Social Security on a solvent footing using personal self-directed retirement accounts. His plan differs from the Administration’s in that it doesn’t slash benefits or further undermine the trust fund. Throughout its history, Social Security has been subject to minor adjustments to accommodate evolving demographics. AARP and other Social Security guardians have opposed the Administration’s attempt to “scare” benefit-cutting legislation through Congress by characterizing a fixable imbalance as “impending bankruptcy”. AARP analysts view efforts to “carve out” and redirect payroll taxes into the stock market as a thinly veiled resurrection of the failed British and Chilean experiments which resulted in parenthetical disaster. Social Security watchdogs like the Center on Budget and Policy Priorities support AARP's contention that Administration assertions not only misrepresent the Social Security shortfall, but that by “carving out” personal account contributions, it would hasten its demise by six years. According to Chief Actuary Stephen Goss of the Social Security Administration, Social Security is projected to have a cash surplus of $48 billion in 2012 under current law (in current dollars) and that under the President’s proposal, it would have a cash deficit of $14 billion. Shaw’s plan mutes these criticisms by adding on a new component that will correct the imbalance using methods deemed credible on both sides of the aisle. Past resistance to “Add-On” plans stemmed from their tendency to increase the deficit. Shaw responds by rhetorically asking “Is there a deficit in the short term? Yes. All of these plans create a deficit in the short-term. All of the plans that are out there have to create a deficit to get the accounts started.”
While the Social Security Administration attractively scored a similar bill offered by Shaw during last year’s 108th Congressional session, Shaw’s updated version hasn’t as yet been reviewed. Once SSA and the Congressional Budget Office analyze Shaw’s new entry, it may survive as the only long term rescue capable of eliciting both AARP’s blessing and the bi-partisan support necessary for passage. Time, as always, will tell!
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FDOT Clears Galt  Construction Confusion
April 13, 2005 - The Barrier Island offers two alternatives to Galt Mile residents with intentions of heading west. Recent FDOT information seemed to suggest that those interested in using them for the foreseeable future had best build extra time into their scheduled travel plans. FDOT (Florida Department of Transportation) plans on painting the Oakland Park Boulevard Bridge, the closest exit to the mainland south of the community. Responding to input collected from area residents, the Fort Lauderdale City Commission opted for a plan to complete the project during a continuous 18-day stretch. The bridge will be closed to all traffic, except underlying boat traffic, for the entire period. When explaining the two alternatives, FDOT stated that the other (unselected) plan would have restricted traffic for a ninety-day period that “includes the total closure over the July 4th holiday week-end” and that “it may conflict with the Air & Sea Show”. Community residents surmised that the project was scheduled for this spring or summer.
Commercial Boulevard, the Galt Mile’s northern mainland access, will be plagued with construction delays for the next year. FDOT has two projects in store for the roadway. The $10.2 million project commenced on March 10th to add a second left turn lane from eastbound Commercial to northbound I-95, add lanes to the northbound and southbound Interstate 95 exit ramps to Commercial and a left turn lane in both directions at Andrews Avenue. The second construction component entails repaving Commercial Boulevard from Powerline Road west to Northeast 19th Avenue. A lane will be closed in each direction on the major east-west thoroughfare from 6 a.m. to 6 p.m. Sunday through Thursday. FDOT also plans on lining the repaved roadway with new street lights and traffic signals. The lane restrictions will initially run from Powerline Road to Northeast 6th Avenue. Ultimately, they will extend to Northeast 19th Avenue, just west of Federal Highway. The majority of construction is planned to take place at night.
It appeared as if both Barrier Island egresses would be restricted or blocked by the construction. The prospect of both the Oakland Park Bridge painting and the Commercial Boulevard projects running simultaneously evoked claustrophobic paranoid delusions as community residents envisioned being penned in by the projects. FDOT was laying siege to the Barrier Island. Fear not - we are not going to be trapped on the Island by FDOT. Light was recently shed on our concerns through the efforts of Monique J. Damiano, one of Public Information Director David Hébert’s bright young lights.
This eerie scenario prompted our communicating with the City’s Public Information Office. Public Information Specialist Monique Damiano braved the halls of FDOT to solicit some clarity about the Oakland Park Boulevard Bridge painting. As per Mr. Jose A. Quintana, P.E. from DOT’s Structures and Facilities Office, “The Bridge’s structural steel will be painted beige as per the City’s request. We will need to meet at some point with the City and decide on the specific color. The bridge closure is still scheduled to be 18 days. Letting is scheduled for 2/3/06 and we anticipate construction to begin in May or June, 2006.”
| | OAKLAND PARK BOULEVARD TRAFFIC |
What? Beige? Letting? Construction? Ms Damiano wrote back, “Can you please clarify the bridge painting date for Mr. Berkowitz? Your previous response makes reference to ‘construction.’ Does this include the painting as well?” Mr. Quintana explained, “Even though it is mostly a painting project, we refer to it as a ‘construction project’, because of the type of funds that are associated with it. Aside from the paint work, we intend to install a maintenance platform inside the bascule piers. We still have a projected 18 day closure, however the contract duration may be closer to 90 (estimated) days. Once again, the only traffic disruptions are expected during the 18 day closure. The contractor will work under & around the bridge during all other times.” He continued, “The schedule has not changed. I still do not have an exact date for start of construction, but we still expect the contract to start sometime next summer. We will make sure that the closure does not interfere with any of the summer holidays or major events (Ex: Air & Sea Show).”
OK! That’s the deal. While the project is scheduled for 90 days next summer, the bridge will only be closed for 18 days. They will avoid closing the bridge during the Air & Sea Show and the 4th of July weekend. They will install a maintenance platform inside the bascule piers??? Best of all, the Commercial Boulevard project is slated for completion by the summer of 2006, when the Oakland Park Boulevard Bridge painting is scheduled to start. Thanks to Monique and Jose, we learned that FDOT’s projects are scheduled to run consecutively, not simultaneously. Of course, if the Commercial Boulevard Project suffers delays, there may be an unfortunate overlap. However, in view of the alternative, we remain optimistic.
For additional information please contact Monique J. Damiano - City of Fort Lauderdale Public Information Specialist, 101 NE 3rd Avenue, Suite 300 Fort Lauderdale, FL 33301 at Phone: 954-828-4743, FAX: 954-828-4745, email: MDamiano@fortlauderdale.gov. Alternatively, contact FDOT directly through Jose A. Quintana, P.E. of the Structures & Facilities Office - D4, 3400 W. Commercial Blvd., Fort Lauderdale, Fl 33309 at (954)777-4162, email: Jose.Quintana@Dot.state.fl.us.
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The Galt Mile  Twilight Zone
May 13, 2005 - It was a strange week for the Galt Ocean Mile. People ordinarily face personal crises every day …quietly …unnoticed. However, sometimes it is impossible to ignore our neighbors’ plight. From time to time, disconcerting incidents come careening into our lives …with a bullet. It was that way for residents of Plaza East and Coral Ridge Towers South. A tragedy juxtaposed to a miracle.
 | | BEACH BEHIND PLAZA EAST |
On Wednesday evening, May 11th at sundown, several residents of Plaza East - a luxury high-rise condominium at 4300 North Ocean Boulevard - noticed a body floating in the ocean behind the building. While ocean bathers are a common sight for the beachfront condo’s residents, the “floater’s” lack of movement began to stir curiosity. Concerned residents called 911 to report the immobile swimmer. Upon arrival, paramedics extracted a 61-year old Plaza East resident from the shallows. Fort Lauderdale Police Department spokesman Sgt. Andy Pallen announced that David Czelusniak, the owner of Unit 11 D in the Plaza East Condominium, was declared dead when retrieved by the responding paramedics. Although the initial examination revealed no suspicious injuries or evidence of foul play, the actual cause of death would be determined after an autopsy performed by the Broward Medical Examiner’s Office.
 | | Cut after fall, CRTS canopy saved GLORIA JUMMATI |
On the following day, Thursday May 12th, the neighborhood would sustain another shock. Coral Ridge Towers South, the last of 4 luxury high-rise cooperatives constructed as part of the Coral Ridge Towers Complex in the Galt Mile neighborhood, played host to a miracle. Not the kind we generally characterize as such, like getting to work on time despite the Oakland Park Boulevard bridge getting stuck or finding your wallet on the gas pump where you inadvertently placed it three hours hence, but the real deal. If you believe in a higher power, this was an intervention. If not, this qualifies as a genuine short circuiting of the laws governing probability and statistics.
 | | JUMMATI fell from CRT South 9th Floor Balcony |
69 year-old snowbird Gloria Jummati, owner of unit 903 in Coral Ridge Towers South at 3333 N.E. 34th Street - just west of A1A, planned on returning to suburban Chicago with husband Merle as the “season” came to a close. Shortly before 8 AM, she decided to straighten up the balcony of her north-facing ninth floor unit. Succumbing to dizziness, she fell over the 42-inch balcony railing, seemingly to certain tragedy over 100 feet straight down. Instead of the asphalt parking deck, she landed squarely in the middle of a 6-foot by 10-foot canvas canopy 8 floors below. Centered exactly between two of the thin metal pipes that comprise a frame designed to support nothing heavier than the canvas covering, she hit the awning in the one spot capable of fully mollifying the impact. The canopy frame broke her fall and bent just enough to absorb the force of her body’s momentum. Instead of tearing, the canvas served as a cradle, stopping her a few feet short of the deck!
 | | SERGEANT ANDY PALLEN |
Upon reaching the scene, Fort Lauderdale Fire-Rescue Lieutenant Shari Marshall scaled a small ladder to the canopy, which shades a bocce equipment storage area, and found Jummati lying on her side... safe! Supervising the effort, she had rescue workers cut the canvas and lower Ms. Jummati a few feet to a waiting backboard and stretcher. Attempting to reconstruct the incident, Marshall said, “Angels had floated her down. That was pretty much all we could come up with.” Declining to speak with clamoring media types, Jummati limited her comment about the incident to, “My shoulder hurts.” Fort Lauderdale Fire-Rescue Division Chief James Sheehan said of Jummati’s incredible precision landing in the center of the canopy, “It definitely saved her life.” Treated at Broward General Medical Center for a minor shoulder injury, the incident’s serendipity wasn’t lost on Sergeant Andy Pallen, spokesman for the Fort Lauderdale Police Department. He suggested that she purchase a lottery ticket.
Over the past few days, life on the Galt Mile has borne an eerie resemblance to episodes of the “Twilight Zone”. In fact, if you squint, ubiquitous Police Department spokesman Sergeant Andy Pallen, who epilogues each incident for an anxious public, is beginning to look and sound like Rod Serling!
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The Galt Mile’s  War on Noise
 | | VICE MAYOR CHRISTINE TEEL |
May 31, 2005 - Galt Mile residents endure incessant noise from construction crews busily rebuilding the neighborhood. The 8 AM jack hammers and tile grinders are the price we pay for bringing our homes up to code and into the 21st century. As every building is experiencing these growing pains, the irritating “wake-up” calls are reluctantly tolerated. However, this inconvenience has sensitized residents to pervasive noise pollution. This recently developed aversion has elicited a response by the City.
 | CITY MANAGER
GEORGE GRETSAS |
On April 7th, Vice Mayor Christine Teel, City Manager George Gretsas and Chief of Police Bruce G. Roberts convened a meeting at the Beach Community Center to address offensive (and often illegal) sources of noise pollution. While the primary targets were “gunning motorcycles” and “muffler-challenged” vehicles whizzing along A1A, officials expanded the agenda to include a spectrum of dangerous and illegal driving practices that have proliferated along the neighborhood’s main artery. The meeting concluded with a promise by Chief Roberts to develop a “Traffic Enforcement Action Plan” aimed at curbing these abuses. On May 23rd, Police Media Relations Coordinator Sgt. Andy Pallen issued a press release reviewing the tenets and outcome of the Chief’s plan.
 | FORT LAUDERDALE CHIEF OF
POLICE BRUCE G. ROBERTS |
“On May 20th, 21st and the 22nd, the Fort Lauderdale Police Department conducted a successful traffic enforcement action plan. This action plan is an example of one more tool available to law enforcement to make an impact on crime reduction, making streets safer and to improve the quality of life for the citizens of Fort Lauderdale.”
Speaking to Chief Robert’s commitment to residents attending the public meeting, Pallen explained, “This action plan was devised in response to numerous citizen complaints concerning unlawful driving practices. There has been a noticeable increase in this activity and local residents and vehicular traffic has been negatively affected. The goal of this high visibility enforcement was to aid in the reduction of crime, reduce unlawful speeding, reduce excessive noise created by unlawful equipment installed on vehicles, educate offenders who are committing violations and to improve the quality of life for residents.”
 | | POLICE PLAN GALT TARGET AREA - THE 3700 BLOCK OF A1A |
Sgt. Pallen endeavored to elucidate the details of the plan. “Over this three-day time frame, a total of four locations were addressed, with three separate operations being conducted simultaneously. The four locations affected during this initial operation were the 2700 block of North Federal Highway, A1A at SE 5th Street, 3700 block of North A1A, and Federal Highway at Broward Blvd.”
While this will promote public safety for all Fort Lauderdale inhabitants, the area of particular interest to Galt Mile residents is the 3700 block of North A1A. This “hot spot” is the northern end of a dangerous stretch of Route A1A wherein multiple automobile accidents and literally hundreds of close calls have taken place with increasing frequency.  | | THE DRIVERS' BERMUDA TRIANGLE ON A1A - GALT DISASTER AREA |
Drivers habitually run the traffic light on A1A where Galt Ocean Drive traffic merges into the “Ocean Highway”. Collisions stemming from vehicles illegally turning off or onto A1A at intersecting side streets has created a pedestrian DMZ. Civic leaders and City officials have offered a variety of explanations for the light being ignored and the illegal turns. Some say that the light placement or the existing signage is confusing; others opine that anxious drivers concentrate on the traffic light at the Oakland Park Boulevard intersection and overlook the light and the signs a few blocks north. Recently, Ocean Club President Rose Guttman was involved in one of the many accidents at this “Bermuda Triangle” for traffic. This incident inflamed community concern about this accident-prone stretch of road. Not surprisingly, it was also one of the noisiest intersections in the Galt Mile area. It was a natural target site for the Chief’s plan.
Sgt. Pallen continued, “During this extended operation, the following results were obtained:
- 592 Citations
- 162 Motorcycle Violations (49 for loud exhausts)
- 3 Felony Arrests
- 5 misdemeanor Arrests
- 6 traffic offense Arrests
- 1 Wanted person Arrest
- 1 DUI Arrest
- 60 grams of cannabis seized
- 10 crack cocaine rocks seized
- $400 and 2 vehicles were seized for civil forfeiture for being utilized to commit a felony
| | SERGEANT ANDY PALLEN |
A total of 25 Officers and 6 Police Service Aides were utilized for this operation; it is important to note that there were no injuries or incidents to Officers or the public. Due to the success of this operation, similar action plans are pending. In addition to this operation, a total of 108 additional citations were written on the beach since May 21st, including 23 Boom Box violations and 85 loud mufflers.”
We are delighted that the City moved so quickly to mollify the noise pollution and, more importantly, the dangerous driving recently exhibited by visitors and residents. we are grateful to Vice Mayor Christine Teel for focusing attention on the problem and bringing City Manager Gretsas and Police Chief Roberts to the table. We are particularly encouraged by the statement that “similar action plans are pending” as a result of the plan’s initial success. When trying to modify behavior - good or bad - the key to success is education and repetition. Those drivers who learned that they could break traffic laws with impunity must now learn that they can’t!
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Sibling Rivalry
Ocean Club Bumps Heads with Ocean Manor
 | | THE OCEAN MANOR & NEXT DOOR NEIGHBOR OCEAN CLUB |
August 9, 2005 - Sibling Rivalry? Not exactly. A controversy has been brewing between the Ocean Manor and some of their neighboring Associations along the Galt Mile. Evidently, the reasons for the altercation had been festering for some time. On Thursday, August 4th, the issue passed to the Fort Lauderdale Special Magistrate. Case number CE05050466 against the Ocean Manor Condominium Association will probably result in their having been found in violation of 17-10(1) or as described in the semi-comprehensible case label, “outdoor music at resort disturbs the neighborhood vicinity, thereof, exceeding the permitted noise level for that district.”
While the Galt Mile’s thousands of residents enjoy having a supermarket, dry cleaners, banks, restaurants, etc. across the street, they prefer the privacy and quiescence afforded by the neighborhood’s residential configuration. In the spirit of communal collegiality, we tolerate our neighbor’s construction noise because we know that they will tolerate ours. The inconvenience will end when the construction is complete. The traffic and noise from standard commercial distractions are conveniently relegated to the other side of the street. Even the hotels along the block blend into the residential lifestyle enjoyed on the Galt Mile... until recently.
 | | THE TIKI BEACH BAR AT THE OCEAN MANOR HOTEL |
One of the Galt Mile’s member Associations, the Ocean Manor, is a condominium hotel. The 190 condominium units have long coexisted with the hotel and its assortment of ancillary appendages such as the “Beach Café” and the “Tiki Beach Bar” that offer food, drinks and music on the beach. A restaurant that undergoes regular reincarnation (currently the Fisherman’s Net) and the Club KYMA night club are also part of the hotel’s offerings. A beauty salon, cabana rentals, scuba & snorkeling trips, fishing charters, yacht charters, limousine service and on-site rentals of wave runners and kayaks round out an assortment of franchises with which the hotel maintains a symbiotic relationship. Johnny Carson used to occupy one of the hotel’s penthouses during his reign as NBC’s most valuable asset.
Several years ago, an ongoing dispute between the condominium and the hotel led to an investigation that uncovered an “unauthorized” commingling of “resources”. The hotel quickly and repeatedly changed ownership. The Condominium Association also underwent a reconfiguration of its leadership. The internal conflict spilled over to the Ocean Manor’s neighbors. In 2003, newly elected Ocean Manor Condominium Association President Leonard Koppelman attended a meeting of the Galt Mile Community Association’s Presidents Council. He complained about the construction taking place in neighboring Ocean Club Condominium, claiming that contractors were inhibiting access to the Ocean Manor. Ocean Club President Rose Guttman, professing ignorance of the problem, stated her willingness to settle the issue. Presidents Council Chair Pio Ieraci offered to serve as a mediator. President Koppelman agreed to contact them after the meeting. He never did. In time, Ocean Manor became increasingly distant and isolated, seemingly embroiled in some internal struggle for control. A series of subsequent owners hoping to revive the declining hotel failed to keep in contact with their neighbors. Darlene K. Shaffer, the Condominium Association’s manager and usual representative to the Galt Mile Association, disappeared shortly after the financial indiscretions were uncovered.
 | | Ocean Club, Ocean Manor, Ramada Inn and the Galleon |
The Ocean Manor Condominium Association used to be an active participant in the Galt Mile Community Association and the Hotel preserved functional communication with neighbors Ocean Club and Galleon. In 2005, however, an enigmatic reversal of this policy ultimately led the parties to the Special Magistrate’s Court. Apparently, Ocean Manor booked outdoor events in the afternoons and evenings that intermittently utilized live entertainment. A persistently loud steel drum band sent Ocean Club residents running to their telephones. They called the Ocean Manor, the police and President Rose Guttman to complain. She called the Ocean Manor to request that they lower the noise levels. Surprisingly, Ocean Manor representative Pete Rasnake chose to ignore his irate neighbor’s request to lower the volume. Ms. Guttman, in turn, called the police for relief. Ocean Manor would temporarily lower the music and after some time, increase it to prior levels. This became the blueprint for future relations between the Ocean Manor and their neighbors. Complaints also poured in from Galleon and Ocean Summit. As with Ocean Club, they were also ignored.
 | | THE TIKI BEACH BAR AT NIGHT |
When she realized that Ocean Manor had no intention of addressing this unrelenting disturbance, President Guttman lodged a noise complaint with the City’s Community Inspections Bureau. The city code requires that ambient noise levels not exceed 60 decibels in this area. After performing a noise evaluation test measuring the decibel levels emitted by the hotel’s “entertainment” on July 23rd, code compliance officer Bob Guilford determined the hotel to be in violation. The hotel continued to ignore the supplications of their neighbors. Rose Guttman, besieged by dozens of angry Ocean Club constituents, decided to go to court. After consulting with the Galt Mile’s District 1 Police Captain Gregory Salters, she confirmed that in excess of 30 unrequited complaints had been lodged against the hotel. A July 7th hearing by the city’s Special Magistrate was postponed at the request of the hotel. In the interim, the hotel continued the unabated noise from scheduled entertainment - accruing additional complaints while swelling the ranks of potential witnesses to the growing number of code violations.
 | | OCEAN CLUB OVERLOOKS THE OCEAN MANOR POOL |
The hearing was reconvened on Thursday, August 4th, before Special Magistrate Floyd V. Hull. The room was filled with residents from the Ocean Club and the Galleon. Surprisingly, they were joined by residents from Playa del Mar, Ocean Summit and Regency Tower in support of their neighbors. The number of official complaints lodged with the police department swelled to 38 by hearing day. Prosecutor Robert Scott Walker of the City Attorney’s office succinctly presented the facts to Judge Hull. Code compliance officer Bob Guilford related his findings to the court. The Judge asked if the parties could find some way to accommodate one another. Aware of the sizable contingent of irate condo owners in court, Magistrate Hull asked if some individual could speak on their behalf. After introducing herself as the President of the Ocean Club Condominium, Rose Guttman stated that “since 1972, the Ocean Club never had a problem with the hotel next door until now.” She said that she would “like to find a way to settle the problem amicably.” Ocean Manor owner Frank Talerico retorted that he had been severely inconvenienced by the construction at the Ocean Club. Mr. Talerico also asserted that Ocean Manor only has music during daylight hours. Fifty to sixty attending condo owners responded with a collective groan. Mr. Talerico’s attorney, David Tolces, interrupted his client to stipulate that the music at the Ocean Manor exceeded the limits as described in the city code.
| | VICE MAYOR CHRISTINE TEEL |
District 1 Commissioner Christine Teel attended the hearing in support of the condo owners. Noticing the Vice Mayor, the Magistrate asked if the City Commission was considering any legislation that might exert some bearing on this case. Vice Mayor Teel likened the conflict to the airport noise controversy, stating that “it was clearly a quality of life issue.” She asserted that there was a “palpable difference between the noise from a legal construction project that occurs between the hours of 9 and 5 and music being played so loud at night that it disturbs people in the next building trying to sleep.” A voice rang from the back of the room, “I live in the Galleon and it annoys me too!” The Galleon is two buildings north of the disturbance - separated from the Ocean Manor by a Ramada Inn.
 | OCEAN CLUB PRESIDENT
ROSE GUTTMAN |
The Magistrate repeated that while he would prefer to see the parties arrive at an accommodation, in its absence he would have to enforce the law. He would, however, postpone a final ruling until August 18th to afford the parties an opportunity to commiserate. He asked Code Compliance Officer Guilford his opinion about whether the hotel could adequately curb the noise to meet code. Mr. Guilford opined that it was highly unlikely. He explained that the source test measures the cumulative decibels in an area. Given the already high decibel count owing to natural ambient noise from the ocean, the wind and other factors, even minimal incremental noise levels would push test results “past the legal limit for the area.” The Magistrate said that he would bar the hotel from hosting any music until the August 18th hearing. Ocean Manor Attorney David Tolces pleaded to give the hotel an opportunity to show that they could adequately curb the noise. Referring to the attending condo owners, the Magistrate pointed out that there were a lot of people adversely affected by the hotel’s violations. Tolces asked the Magistrate if the hotel had to “satisfy all of the complainants or simply meet the code?” Noticeably perturbed, the Magistrate reminded Mr. Tolces that his client had already failed to meet the code.
 | OCEAN MANOR OWNER
FRANK TALERICO |
Mr. Talerico then asked the Judge to give him a chance to engage a sound engineer in hopes of finding a way to comply with the code. He requested permission to hold a scheduled event to demonstrate to Mr. Guilford that he could meet the code and avoid disturbing his neighbors. Mr. Tolces stated that music was integral to the hotel’s business. Magistrate Hull retorted, “I want to be clear. I expect you to enter into good faith bargaining with your neighbor.” Turning to Ms. Guttman, he asked if she could envision a possible resolution of this dilemma. She repeated her expressed wish “to settle the problem amicably.” Addressing Mr. Talerico, Hull asked if he would enter into a good faith bargaining with Ms. Guttman. He stated that he would.
As explained by compliance officer Guilford, the existing decibel level without any music borders on the area’s 60 decibel legal limit. Anything louder than an acoustic guitar would likely exceed legal noise levels. It seems improbable that the hotel will be able to offer music in compliance with the City code… unless… In the absence of complaints from their neighbors, authorities wouldn’t be aware of the noise levels. Ms. Guttman explained, “Had the hotel not ignored our pleas to moderate the noise, they wouldn’t be in the position that they now find themselves. After thirty years of good communication and mutual respect, they suddenly demonstrate contempt for their next door neighbors. Hopefully, they will take the Magistrate’s advice and try to show us the same respect that they expect.” Notifying Ms. Guttman of their intentions prior to a planned event with music would be an excellent start. Ocean Club residents would be more tolerant if they knew the limits of an impending disturbance. Far more important would be the hotel’s willingness to effectively respond if and when alerted to a problem.
The arbitrary disdain with which Ocean Manor responded to their neighbors’ legitimate complaints has threatened to cost them the right to offer live music. The Special Magistrate has functionally placed the hotel’s wherewithal to package music for an event in the hands of the Ocean Club. Actually, Mr. Talerico is fortunate. Anyone familiar with Rose Guttman will confirm that while she is no pushover, she is a great proponent of “live and let live.”  | | THE START OF A BEAUTIFUL FRIENDSHIP? |
Second only to the commitment she shoulders as President of the Ocean Club is an unwavering support for neighboring Galt Associations and local Galt merchants. The Ocean Manor is both. After the hearing, Ms. Guttman said, “If they demonstrate a reasonable effort to coexist peacefully with their neighbors, I’ll gladly return the favor.”
Mr. Talerico doesn’t only own and operate the hotel. By purchasing a substantial block of units and forming productive alliances within the Association, he effectively controls the condo-hotel. This affords him a unique opportunity to reinvigorate relations with his neighbors. After all, the 14 thousand residents that inhabit neighboring buildings along the block all have visiting friends, relatives and business associates that often require accommodations. Nurturing a reputation as a cooperative, contributing neighbor would exponentially stimulate business as compared to a few evenings of playing offensively loud music. Who knows, this might be - as Humphrey Bogart said to Claude Rains in Casablanca – “the beginning of a beautiful friendship.”
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Peace in  the House
Condos Cooperate for Mutual Benefit
 | | THE OCEAN CLUB CONDOMINIUM |
September 21, 2005 - At 9 AM on August 18th, Special Magistrate Floyd V. Hull officially settled a conflict between the Ocean Club Condominium and next-door neighbor Ocean Manor Condominium Hotel. Appearing pleased with the parties’ decision to accept his recommendation that they “bargain in good faith”, the Magistrate dismissed the complaint that brought several condo owners and the hotel’s management to court. The negotiated settlement was one of two objectives that the hotel had to accomplish to avoid being deprived of the right to provide music for guests and affairs booked by clients. The second was a clean bill of health from Code Compliance Officer Bob Guilford whose sound level tests of the hotel’s music were ordered by the Special Magistrate.
| | THE OCEAN MANOR NEXT TO OCEAN CLUB |
On August 4th, a longstanding conflict between the two members of the Galt Mile Community Association was submitted to the Special Magistrate for resolution. To entertain poolside guests, the Ocean Manor’s new management decided to provide live music. In their effort to reverse the hotel’s decline since its heyday as one of the Galt’s landmarks, they also booked affairs to boost their bottom line. Music was naturally an important component to attracting these catered events. A Steel Drum Band enjoyed by guests at the hotel’s outdoor “Tiki Beach Bar” continuously irritated Ocean Club residents. The music accompanying affairs booked at the hotel would also disturb their Ocean Club neighbors, sometimes continuing into the evening. When Ocean Club President Rose Guttman contacted the hotel to ask that they lower the music, the inexperienced hotel personnel ignored her request. After dozens of reports to the police and a strategically placed complaint to the Noise Control Office of Fort Lauderdale’s Building Department, President Guttman succeeded in attracting the attention of the hotel’s owner. She took them to court.
 | | THE THE OCEAN MANOR'S TIKI BEACH BAR AT SUNSET |
At the August 4th hearing, Code Compliance officer Bob Guilford told the Special Magistrate that the hotel was in violation of the City’s code. Magistrate Hull explained to Hotel owner Frank Talerico that the hotel was in danger of being precluded from offering any music. However, instead of severely crimping the hotel’s business, he offered a “take it or leave it” last chance to address the condo owners’ concerns. He asked Talerico and Rose Guttman if they thought that “good faith bargaining” could lead to an “accommodation”. Both parties agreed to try to resolve their differences.
| OCEAN CLUB PRESIDENT
ROSE GUTTMAN |
A few days later, Talerico and Guttman put their heads together. They met at the hotel to establish a format that would protect the Ocean Club’s right to quiet enjoyment while permitting the Ocean Manor to offer music at moderate levels. President Guttman opined that “mutual respect and good communication between neighbors” would resolve their problems. Agreeing with Ms. Guttman, Talerico stated that “good relations with our neighbors benefits everyone.” Talerico invited Ms. Guttman to contact him directly when overwhelmed by complaints about the hotel’s music. He said that his staff was put on alert to respond expeditiously and effectively to noise complaints. In addition, he offered to notify the Ocean Club in advance when affairs were scheduled.
 | | OCEAN MANOR OWNER FRANK TALERICO AT HOTEL DESK |
After expressing regret for having allowed the conflict to deteriorate, Mr. Talerico shed light on his plans for the hotel. Following several successful real estate ventures, Talerico’s original intention was to make a modest investment in the Galt area. Inexperienced in the hospitality business, Talerico admitted that he is learning “on the fly”. Aware of the hotel’s state of disrepair and service inadequacies, he mounted a campaign to “transform the Ocean Manor into a first class hotel.” He said, “I’ve renovated many of the rooms and plan to upgrade the whole structure. I’m in negotiations with a highly regarded restaurateur to operate the hotel’s restaurant.” Mr. Talerico enthusiastically related that he was already realizing benefits from his upgrades. “The hotel has been enjoying occupancy rates in excess of 80%,” he exclaimed. “We’re in this for the long haul. Now that I’ve met with Rose, I understand the problem and we will work together to avoid future incidents. I also intend to participate in the Galt Mile Community Association to help improve our neighborhood.” In addition to owning the hotel, Mr. Talerico serves as President of the Ocean Manor Condominium Association’s 190 units. While the Ocean Club is scheduled to host the October meeting of the Galt Mile Community Association’s Presidents Council, Talerico volunteered the Ocean Manor as host for the following meeting in November. When Ms. Guttman pointed out that the thousands of residents along the Galt Mile have friends, relatives and business visitors throughout the year, Mr. Talerico said he would establish substantial “discounts for Galt Mile residents.”
 | | TALERICO RENOVATED ROOMS AS PART OF OVERHAUL |
While he lives in Coral Springs, Talerico often stays at the hotel, occupying the suite formerly owned by Johnny Carson during his years as the “King of Late-Night Television”. Responding to Ms. Guttman’s concerns about the hotel’s stated obligation to adjust the volume when he wasn’t on the premises, Talerico introduced her to several responsible hotel representatives, including their chief of security. President Guttman stated, “Frank Talerico promised that he would respond when I contact the hotel with a problem and I believe him.” When asked about who would decide whether or not the music was too loud, Talerico conceded that he would, “rely on Rose’s judgment.”
 On August 18th, Special Magistrate Floyd V. Hull asked the parties if his recommendation that they engage in “good faith bargaining” bore fruit. President Guttman told the court, “We met several times to discuss the problem. Mr. Talerico promised to lower the music when I ask him to.” Obviously delighted with the settlement, Hull called on Code Compliance Officer Bob Guilford to make a report ordered by the Judge at the August 4th hearing. Mr. Guilford was charged with determining whether music could be played at the Ocean Manor without breaking the area’s 60 decibel legal noise limit. Guilford explained that he conducted several tests from various vantage points at the Ocean Club and on the Ocean Manor premises. He said that Mr. Talerico experimented with repositioning several of the hotel’s sound system components. By adjusting the speakers “to face the ocean instead of the hotel, sound levels monitored at the Ocean Club and the hotel fell within the legal limits. If the music’s volume doesn’t exceed the levels that I measured, the music can be played without violating the City’s code.” Talerico volunteered that the levels would remain restrained.
 Ms. Guttman interjected, “Your Honor, may I ask you a question.” The Magistrate assented. “As I’ve said, I met with Frank (Talerico) and I’m confident that he will keep his promise. However, if the hotel is sold or in some other way falls out of Mr. Talerico’s control, would it be possible to ‘fast track’ another hearing? We would like to avoid having to wait six months for relief if it becomes necessary.” Magistrate Hull answered, “I cannot suspend a ruling indefinitely.” He explained, “The court’s finding is based on evidence collected by Mr. Guilford that the hotel was in compliance during the test period. If the hotel violates the code again, just call Mr. Guilford to measure the sound levels and you’ll receive another hearing.” Ms. Guttman answered, “Thank you. I just thought I would ask. I’m not worried.”
 | DIRECTORS ROSE GUTTMAN, PIO IERACI
AND ERIC BERKOWITZ AT GMCA MEETING |
After the hearing, President Guttman said, “Our residents have been informed that they are supposed to contact security with complaints if they think the music is too loud. Our agreement obligates me to make an objective decision about the music when I receive a complaint. We worked hard to arrive at this very favorable agreement with the hotel.” Rose produced several correspondences from Ocean Club residents congratulating her for her win-win resolution to a difficult problem. Since the settlement, several of her neighbors have exclaimed to Rose that they actually enjoy listening to the hotel’s music when played at reasonable volume levels. She explained that the agreement was based on restraint, good communications and mutual respect. “All I’ve asked of any Ocean Club resident is to give the agreement a chance to work.”
While longtime Ocean Club members are keenly aware of Rose Guttman’s political and administrative talents, every Galt Mile resident has benefited from the intensity that Rose brings to everything she does. Officials from City Hall to Tallahassee answer the phone when Rose calls. Frank Talerico credits the successful settlement of this difficult dilemma to Rose. “Had I known Rose Guttman before any of this happened, it never would have!” What does Rose think? “He’s darn right!”
 Frank Talerico attended the September 15th meeting of the Galt Mile Community Association’s Advisory Board. Seated next to Rose Guttman and new Ocean Club Manager Herb Santiago, he exclaimed his intention to actively participate in future Association activities and contribute toward its objectives. Pleasantly surprised by his spontaneous acclamation, he received a universal round of applause! How is the arrangement working? According to Rose - “So far, so good!”
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City Commissioner Christine Teel extends an invitation to hear Congressman E. Clay Shaw discuss Social Security and other issues pertinent to Galt Mile residents. The discourse will take place at 3:00 P.M. on Monday, February 21, 2005 at the Beach Community Center, 3351 NE 33rd Avenue.
please call City Commissions Office - 954-828-5003 or Angela Wilson at 954-828-5923
