Wednesday afternoon's crucial Hallandale Beach P&Z mtg. re property rights, wherein Mayor Joy Cooper's cronies will try to overturn homeowner's rights

Below is a copy of an important email that went out to the grapevine of concerned citizens and news media interested in what happens in Broward County and environs.

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Wednesday afternoon's crucial Hallandale Beach P&Z mtg. re property rights, wherein Mayor Joy Cooper's cronies will try to overturn homeowner's rights

Some of you have no doubt already received this email from Hallandale Beach Comm. Keith London, but on the chance you haven't, I'm forwarding it for you to peruse and become familiar with the facts.

For almost everyone in this city who's genuinely committed to meaningful reform, transparency in fact and not just on paper, and financial accountability at HB City Hall, the thing that's hard to wrap their heads around is why is this happening?

Followed by, why now?

Especially given that this is as about as naked an attempt to take other people's property rights away as you'll ever likely see in South Florida, despite the fact that the contracts involved all say the same thing -people who want to change the rules must get a vote of a majority of the property owners involved.

That's something that Mayor Cooper and her pals and cronies simply don't want to do because they already know they can't use facts or logic in such a campaign, because it's so ludicrous on its face, so instead, they want to change the rules so they can get what THEY want.

Whatever that is, which even now they can't explain with a straight face.

Prior to Joy Cooper eventually being sued about this matter in the future, I hope someone is able to make sure that, to the extent possible, the city's taxpayers can be left off the hook for what she has tried to do personally for years -using city assets and resources to foist this issue and prospective legal bills upon all city residents- so that she can be made to bear the weight of her personal attempts to illegally breach contracts, and suffer the logical consequences.

Cooper will no doubt try to make sure that she has cover and try to have all of us pay for her legal bills to defend her unconscionable actions, as she has done before.

You can stop that from happening by doing something proactive NOW before that version of our future becomes the actual reality we suffer under.

Successfully killing this bad idea Wednesday will serve as a wake-up call to everyone that positive changes are coming to Hallandale Beach City Hall over the next 53 weeks.

I've written some blog posts on the Golden Isles Overlay in the past, so if you're still looking for more info besides what Comm. London has thoughtfully provided below, you may want to peruse this post of mine from July, prior to attending Wednesday afternoon's meeting:

http://hallandalebeachblog.blogspot.com/2011/07/is-coup-plot-afoot-in-hallandale-beach.html

---------- Forwarded message ----------
From: Keith London
Date: Mon, Oct 24, 2011 at 12:08 PM
Subject: IMPORTANT REMINDER - Golden Isles Overlay Meeting - Planning and Zoning
To: "London, Keith" <KLondon@hallandalebeachfl.gov>

Everyone,

Please read to the bottom I have added new information!

The Planning and Zoning meeting regarding this topic is this Wednesday, October 26^th at 1:30 PM. Attached is the agenda and all the information to review including a link to the agenda. I have also attached a copy of the letter, from our neighbor Dr. Bob Selz, explaining the intent of the overlay and how deficient and counter-productive this will be for our neighborhood.

The Planning and Zoning meeting is first of three battles for this issue. The Planning and Zoning committee will make a recommendation and it will then go to the City Commission after for a vote.

Your input at all levels is truly important. I know everyone has busy schedules but if you could make the Planning and Zoning Meeting to voice your opinion and needs it is very important. More important, your attendance at the City Commission meeting when this is voted on is imperative. I will provide you with advanced notice for when that meeting is scheduled.

You truly have a vested and important interest in this issue since you are a property owner in Golden Isles.

Remember, this is all being driven by Joy Cooper and a few of her cronies (Alex Berkovich, Jerry Nadelson, Suzanne Friedman and others). Please see the attached documentation with links below to the complete backup showing the people (named above) who can not or will not go and collect the signatures required totaling 50% of the owners of Golden Isles to change the deed restrictions. This is government looking for a solution for a problem that DOES NOT exits. None of us are quite sure of their hidden agenda; yet we do know we all have been living fine with the current deed restrictions for almost 60 years.

Please feel free to contact me if you have any questions or require any additional information.

Thanks!

Keith

Keith S. London

City Commissioner

Hallandale Beach

954-457-1320 Office

954-494-3182 Cellular

www.KeithLondon.com

http://www.facebook.com/KeithSLondon

http://www.hallandalebeach.org/files/PLANNING%20AND%20ZONING%20BOARD%20AGENDAS/2011-10-26/Agenda%20Outline%20for%202011-10-26%2013-30.htm

PLANNING AND ZONING BOARD AGENDA

WEDNESDAY, OCTOBER 26, 2011 1:30 PM

1. CALL TO ORDER

2. ROLL CALL

3. APPROVAL OF MINUTES

A. Approval of Draft Minutes from August 24, 2011 (Supporting Docs)

4. OLD BUSINESS

A. An Ordinance of the City of Hallandale Beach, Florida, amending Chapter 32, Article III of the City of Hallandale Beach Code of Ordinances, the "Zoning and Land Development Code", by amending Section 32-151, RS-5 Single-Family District and by creating Section 32-181, entitled Golden Isles Neighborhood Overlay District, providing supplemental standards relative to permitted uses, site development standards, signage and notice requirements. Providing for conflicts; providing for severability; providing for an effective date. (City of Hallandale Beach Application # 02-11-TC) (Staff Report, Supporting Docs)

5. NEW BUSINESS

A. Application # 04-10-P by Alan Waserstein Requesting Approval of the "Waserstein Gulfstream Plat" in Accordance with Article II, Division 2 of the Zoning and Land Development Code at the Property Located at 900 South Federal Highway. (Staff Report, Supporting Docs)

B. An Ordinance of the City of Hallandale Beach, Florida Amending Chapter 32, the Zoning and Land Development Code, Article IV Division 17, Signs, Relative to Prohibited Signs, Permitted Signs, and Nonconforming Signs, Providing for Conflict, Providing an Effective Date. (City of Hallandale Beach Application # 67-10-TC) (Staff Report, Supporting Docs)

6. SCHEDULING NEXT MEETING

A. November 23, 2011

7. OTHER

8. DIRECTOR'S REPORT

9. ADJOURNMENT

Interested parties may appear at the aforesaid time and place and be heard with respect to the above. The agenda and related cases may be inspected as of Wednesday, August 17, 2011 at the Development Services Department, 400 South Federal Highway, Hallandale Beach, Florida during normal business hours, and Monday through Friday.

http://www.hallandalebeachfl.gov/files/PLANNING%20AND%20ZONING%20BOARD%20AGENDAS/2011-10-26/Item%204A/index.html

ATTACHMENT 4

1

1 PLANNING AND ZONING BOARD MEETING

2 WEDNESDAY JUNE 22, 2011

3 CITY COMMISSION CHAMBERS,

4 HALLANDALE BEACH, FLORIDA

5

6

7 Members Present Attendance

8

9 Michael Butler Y

10 Terri Dillard (Alternate) Y

11 Seymour Fendell Y

12 Sheryl Natelson Y

13 Irwin Schneider N (excused absence)

14 Eudyce Steinberg (Vice-Chair) N (excused absence)

15 Arnold Cooper (Chair) Y

ATTACHMENT 4

3

93 LOCATED AT 1600 E HALLANDALE BEACH BOULEVARD SUBJECT TO

94 CONDITIONS OF STAFF.

95

96 MS. DILLARD SECONDED THE MOTION.

97

98 MOTION CARRIED BY ROLL CALL VOTE (5-0) FOR APPROVAL.

99

100 NEW BUSINESS

101

102 1. An Ordinance of The City of Hallandale Beach Florida, Amending Chapter 32, Article

103 III of The City of Hallandale Beach Code of Ordinances, The "Zoning and Land

104 Development Code", By Amending Section 32-151, RS-5 Residential Single-Family

105 District and Creating Section 32-181, Entitled Golden Isles Neighborhood Overlay

106 District, Providing Supplemental Standards Relative to Permitted Uses, Site

107 Development Standards, Signage and Notice Requirements Within the Golden Isles

108 Overlay District. Providing for Conflicts; Providing for Severability; Providing for an

109 Effective Date (This Ordinance is a result of Application #02-11-TC by the City of

110 Hallandale Beach).

111

112 Ms. Dominguez stated the proposal presented today is relative to the restrictive

113 covenants of the Golden Isles Neighborhood. In 1968, the City approved Ordinance 820

114 which sought to adopt covenants and allow the City to enforce them.

115

116 Ms. Dominguez: explained the City enforced this ordinance for many years. However, in

117 2008, our City Attorney provided a legal opinion which advised that Ordinance 820

118 could not be enforced by the City.

119

120 Ms. Dominguez: subsequently staff was contacted by Golden Isles Homeowner

121 Association to meet with the residents and consider options. October 20, 2010, the

122 Golden Isles Homeowner’s Association voted to request the City to only incorporate the

123 specific regulations in the covenant into an Overlay District.

Alex Berkovich (212 Holiday Drive) stated he is the President for the Golden Isles

248 Homeowner’s Association and he wanted to clarify misleading information that residents

249 have in regards to the present item.

250

251 Mr. Berkovich: stated in 2008, the Homeowner’s Association approached the City in

252 finding out what they could do to salvage or mitigate Ordinance 820.

253

254 Mr. Berkovich: further stated in the past 2or 3 years the residents received survey that

255 would show the City what the residence want and need. He added that basically two

256 things can be done to resolve this problem: either enforce Ordinance 820, or the City

257 overlay district should mimic the deed restrictions.

http://www.hallandalebeachfl.gov/files/PLANNING%20AND%20ZONING%20BOARD%20AGENDAS/2011-10-26/Item%204A/index.html

http://www.hallandalebeachfl.gov/files/PLANNING%20AND%20ZONING%20BOARD%20AGENDAS/2011-10-26/Item%204A/index.html

Staff and the GIHOA held several meetings with property owners in Golden Isles to discuss the idea of an overlay district.

Keith S. London

City Commissioner

Hallandale Beach

954-457-1320 Office

954-494-3182 Cellular

www.KeithLondon.com

http://www.facebook.com/KeithSLondon

PROPOSED GOLDEN ISLES OVERLAY.PDF 80K View Download

Why won't Hallandale Beach Mayor Joy Cooper follow the rules and let the people in Golden Isles vote? Some rare logic & reason re the Oct. 19th Golden Isles meeting

Above, October 19, 2010 photograph by South Beach Hoosier of Part C-1, TERM of the "Protective Covenants relating to the residential section of Golden Isles" in Hallandale Beach, FL effective May 26, 1959.

The key area for you to consider is "unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part."

What could possibly be simpler?
In order to change any aspect of the covenants, you need 51%.

Every homeowner in the Golden Isles section of Hallandale Beach has a copy of these rules.

But certain people living in Golden Isles don't want to follow these rules, and that includes the mayor of this city, Joy Cooper, the current President of the Florida League of Cities, and many of her friends and neighbors.

They want to go around the written rules they had already agreed to. Not surprisingly, a LOT of people don't like that idea one bit, and for good reason.


Below is an email that I wrote and distributed on Wednesday afternoon throughout Hallandale Beach, Broward County, South Florida and beyond to some concerned Floridians, elected officials and news media regarding the very curious and queer SRO public meeting that I attended (and videotaped) on Tuesday night at Hallandale Beach City Hall.

It was one of the oddest public meetings I have attended of the dozens I've gone to throughout South Florida over the past seven years since returning to South Florida after 15 years living and working in the Washington, D.C. area.

In fact, it may be THE oddest, since it was the most obvious failure, though the Miami-Dade County hearing I attended in early 2009 on proposed public financing of a Marlins Stadium had been the leader up 'til now.

That was the public hearing where Chairman Dennis Moss refused to allow the hundreds of citizens in attendance at the M-D Commission Chambers in downtown Miami to watch the City of Miami's public hearing with the Marlins' David Samson -the reason for the long delay where we were, and its eventual postponement -after a few hours of nothing happening- on the large TV screens in the Commission Chambers, even though the staff, commissioners and news media could watch it in their offices or the next door media room.

But for the assembled citizens, Moss delivered an emphatic "No!"

Then Dennis Moss compounded the basic problem by lying to the public (and the hordes of news media) by saying that it wasn't technically possible, even though county employees I spoke to there said it would only take a few seconds to do it.

Plain and simple, Dennis Moss didn't want the South Florida public to know what was going on at that other hearing.

This was the smug, elitist and entitled attitude I saw displayed by Comm. Moss in a taxpayer-funded room in a taxpayer-funded building, where everything you see is something that taxpayers paid for, including the very equipment the M-D commissioners, staff and news media watched the City of Miami meeting on!
A fact that the dutiful South Florida news media conveniently ignored, as usual.

You bet I want to see Dennis Moss recalled by Miami-Dade County voters, with Norman Braman's help and leadership.
I only wish I could legally sign the petition!

As for voter recall in Hallandale Beach, it'll be here sooner than you think...


Tuesday night's meeting in Hallandale Beach was held to discuss some news regarding proposed changes to the status quo in the Golden Isles section of southeast Hallandale Beach, which is a separate taxing district for certain purposes, and which has a security gatehouse at its entrance on Layne Blvd., though anyone can still enter since it's on a public road.

But what Tuesday night's meeting most resembled was a failed pep rally, run by supporters of HB mayor Joy Cooper and her cronies. That's because that's exactly what it was.

My email below appears exactly as sent, minus a few cleaned-up typos and a few things I've completely spelled out in order to make it clearer for blog readers.
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Wednesday October 10th, 2010

I commend to you the common sense email, below, from attorney David C. Barnett, a resident of Hallandale Beach who seems able to see what most of the city residents attending last night's meeting at HB City Hall could see with their own eyes: an attempted hijacking of democracy by a small clique under the guise of maintaining high-property values.
http://www.hallandalebeachfl.gov/index.aspx?NID=680

Mayor Joy Cooper and Comm. Keith London, both of whom live in Golden Isles, were precluded from speaking publicly on this issue at last night's meeting -which I videotaped- because it could/will come before the Hallandale Beach City Commission in Dec. or Jan. if approved by the Hallandale Beach Planning & Zoning Board.

Not that this stopped Harry Cooper, the mayor's husband, from speaking and blaming Comm. London, who was responsible for the large turnout of residents last night by informing and educating people about the possible long-term ramifications of what is being proposed, which from Harry Cooper's personal p.o.v., necessarily, makes his wife look bad.
But if that is the reality, and it is, it's true whether he likes it or not.
Having carefully read the documents provided, including the covenants involved, it's pretty clear that there needs to be an election of the homeowners in the Golden Isles taxing district, which will be approved if 51% say yes.
In fact, it says EXACTLY that.
The powers-that-be among the two self-selecting Golden Isles groups that met last night at City Hall are chock-a-block full of Joy Cooper supporters, and don't think they can reach that low threshold -and even said so.

But rather than follow the proscribed rules, and take their chances with an election, they are trying to go thru the backdoor and have the city take care of things, even though that will be an expense that the entire city will be asked to pay for.

Naturally, thanks to the mayor's efforts at mis-direction, the rest of the city doesn't know anything about this, or that they are going to have to pay for the enforcement of these Golden Isles-specific rules that they no longer do, as Mr. Barnett correctly states below, despite how many times Cooper family friend Gerry Natelson calls them the same rules.

As it happens, his daughter, Sheryl Natelson, is on the city's P&Z Board.
(Guess who appointed her?)
She's one of the two geniuses on the city's P&Z board who threatened to have me removed by the Hallandale Beach Police from a public P&Z meeting last year for... taking photos of the Board at a public meeting!

From about 50 feet away.
At a public meeting where I was one of only three citizens present in the entire HB Cultural Center.

Natelson's yet another attorney in HB who doesn't understand or doesn't like the state's Sunshine Laws, just like City Attorney David Jove, who for years has looked the other way at what was going on right in front of him, regardless of how badly it illegally disadvantages the citizen taxpayers of this community, because that's what Mayor Cooper and former
City Manager Mike Good wanted.

I'm hardly sharing Breaking News when I tell you that it's the opinion of the majority of concerned and well-informed people in HB that Jove's number-one priority is keeping his job. Period.
Just saying...
If this situation is going to be handled fairly and legally, the residents of that special taxing district need to have their referendum, plain and simple, and the two Golden Isles groups and Mayor Cooper need to STOP trying to bypass THEIR OWN RULES.
And any pretense at fairness and transparency.
Why won't Mayor Joy Cooper follow the rules and let the people in Golden Isles vote on the matter?
There's your story.
Dave

---------- Forwarded message ----------
From: Keith London
Date: Wed, Oct 20, 2010 at 12:12 PM
Subject: FW: 10/19 Meeting
To: "Commissioner, Hallandale Beach - Keith London" <klondon@hallandalebeachfl.gov>

Everyone,

Please read the attached email from one of your neighbors concerning the meeting last night.

Please feel free to contact me with any thoughts, comments or responses of your own.

Regards,

Keith

Keith S. London

City Commissioner

Hallandale Beach

954-457-1320 Office

954-494-3182 Cellular

www.KeithLondon.com

-----

The email below was written by David C. Barnett and was addressed to Hallandale Beach mayor Joy Cooper and Commissioner Keith S. London.

Other than my removing their email addresses at the top of the letter, it appears exactly as sent.

-----

Sent: Wednesday, October 20, 2010 8:19 AM
Subject: 10/19 Meeting

Barnett & Lerner, P.A.

Fighting for injured workers

Dear Keith & Joy:

It was a pleasure seeing both of you last night at the Safe Neighborhood and Overlay meeting. As you know, although I am extremely busy with my law practice, once in a while I do find the time to go to a meeting to learn about what is happening in our little town.

I found last nights meeting offensive in that there seems to be an attitude of superiority exhibited by both "voluntary" boards. I thought they were volunteering their time in order to make our neighborhood - Golden Isles - better. Rather, it is apparent there are political and power issues behind everything. With these political and power issues come costs - both hard and soft costs.

At the beginning of the Overlay meeting, Gerry Nadelson started by reminding everyone that we are a volunteer homeowners association with volunteer dues of $20.00. He went on to tell everyone that we need to have this City Overlay done in order to protect the residents of Golden Isles from the threat of litigation. Gerry stated that if we (I guess he means the ENTIRE community of Golden Isles) get sued, our dues would not provide enough money to pay an attorney to defend the lawsuit. I do not know the statistics, but I know that I am not the only attorney living in our neighborhood and I am sure that if there was a threat to Golden Isles, there would be plenty of resident lawyers who would be there to maintain our little waterfront community.

As someone who has been involved politically, on both a state and national level, it scares me to hear the "threat of litigation" as a basis for change. What we found out however, is that in 56 years, there has been maybe one (1) lawsuit. Thus, based on the foregoing, a question needs to be asked - What is the motivating factor for this requested change? The answer, although not disclosed, is very simple to see.

As everything stands now, if we, the residents of Golden Isles, have a problem or a concern over a neighbor regarding deed compliance, it is up to us as individuals or as a community to retain our own lawyer to enforce the restrictions by suing the non-compliant neighbor. Nobody wants to get sued, and quite candidly, over 56 years we have been able to keep Golden Isles residents fairly compliant with deed restriction.

By adopting this Overlay, what will really happen is that the City Attorney will now be the free private "retained" attorney by the activists within our neighborhood without any direct costs to those individual activists. We already have individuals who drive up and down the streets, inspecting everyone's home and invading privacy while others get on their boats and inspect everyone's home from the water. Essentially, we have a group of our own "SS" within our community. These individuals constantly complain, but they will not fund a lawsuit against a non-compliant neighbor either because they cannot afford it or they are concerned about the repercussions that will develop within our neighborhood. To give them access to a "free" attorney with anonymous deed compliant complaints is very scary!

If we adopt this Overlay, our Golden Isles SS group will have unlimited access to the City Attorney, at no expense to themselves individually, but rather to the expense of not only Golden Isles, but also the ENTIRE city of Hallandale Beach. Has this volunteer Overlay Board of nine actually conducted a cost analysis of this Overlay proposal. Do ALL the residents of the CIty of Hallandale - beyond just Golden Isles - know, and are they aware and in agreement, that this Overlay will result in additional costs to the City, which will have to be placed within the City budget. Where is this money going to come from - our taxes! How many more attorney's will the city need to hire in order to be responsive to the demands of the Golden Isles SS group for enforcement litigation? We need to see a true, independent, cost analysis of this Overlay, before we proceed further.

I certainly understand the frustration that Gerry, Joy and Alex may have over the home near the end of Holiday which is falling apart and is a blight on the neighborhood, but the methodology they are bringing forth is very dangerous. Not only will there be real financial costs (City attorney budget will have to go up) associated with the City Overlay, there will be the soft, emotional costs on our neighborhood. Gerry said that we "need" this Overlay as it will increase the "value" of our homes! I heard the same garbage about Gulfstream how our homes would go up in value and the people that promoted it most were actually on the payroll of either Magna, Gulfstream or Forest City, which they never revealed. In any event, values did not go up but rather, we have all experienced about a 40-50% decline in home values (I know the economy has a lot to do with it) This Overlay will NOT increase the value of our homes. I hope that this statement is challenged and I would like to see an impact study supporting such a statement. Rather, I see the value of our homes dropping with this Overlay as the Overlay will pit neighbor against neighbor when the Golden Isles SS overwhelm the City Attorney with anonymous complaints about residents of Golden Isles. Thereafter, the City will be forced to flood the Courthouse with suits filed by the City Attorney against residents of Golden Isles. This is offensive, crazy and shows the lack of insight, common sense and good judgment.

We all moved to Golden Isles because we did not want to live in a structured condo type community. We have had a nice neighborhood for 56 years without the Overlay. I do not see any upside to this proposed Overlay, only problems. This madness has to stop and we need your help to stop it.

Very truly yours,

David C. Barnett, Esquire

Barnett & Lerner, P.A.
2860 Marina Mile Blvd; Suite 105
Ft. Lauderdale, FL 33312
954-920-7400
954-920-9492 fax
888-732-7425 US Toll Free
www.injuredoverseas.com