Governor Ron DeSantis

District 93 Rep. Chip LaMarca

March 1, 2021 - Over the past few months, our perception of the Coronavirus (COVID-19) evolved from an unsettling rumor into a worldwide survival campaign. While researchers struggle to develop a cure or a vaccine, containment measures are being implemented across the planet. State, County and City administrations are enacting CDC preventive guidelines that sharply limit the opportunity for casual human contact, and deter the overlap of our respective "three to six-foot breathing zones" (as per the World Health Organization), thereby limiting exposure to potentially infected airborne droplets expelled by coughing, spitting or sneezing. Other emergency measures facilitate medical care, required or voluntary quarantine, mass public testing, economic relief, stay-at-home socialization alternatives, access to food, pharmaceuticals and essential supplies and services.

Broward Administrator Bertha Henry

Fort Lauderdale Mayor Dean Trantalis

Public officials serving local communities, such as the Galt Mile, are distributing constituent updates about these regulations and how they impact residents and businesses. A steady stream of newsletters and COVID-19 messages are being sent to Galt Mile residents and merchants by District 93 Statehouse Representative Chip LaMarca, District 4 Broward Commissioner Lamar Fisher and District 1 Fort Lauderdale Commissioner Heather Moraitis. Since the content in these State, County and City emergency regulations is often overheard while passing from person to person, it is subject to the mischaracterizations and distortions of pool talk, muddying the facts for many local residents. To help dispel needless concerns about skewed information, and clarify how these official mandates change our lives, links to each order or declaration (including recovery measures) are segregated by jurisdiction and listed below.

Phasing in COVID-19 Recovery

Governor Ron DeSantis on COVID-19

On April 19, Governor Ron DeSantis announced the creation of a Re-Open Florida Task Force to carefully revive specific economic and social interactions – hopefully without triggering the need for a second statewide COVID-19 shut down. On April 30, the Task Force released its Final Report, defining a multi-phase approach to reopening jurisdictions based on infection rates, testing capabilities, the burden on local medical services and other CDC criteria.

State and local officials are faced with a terrible choice - a possible spike in the death toll from relaxed containment OR increasing poverty, unemployment and economic deterioration. Like the popular deli TooJay’s, many local merchants have filed for bankruptcy, leaving thousands unemployed. Officials must cautiously relax restrictions since inadvertently boosting the infection rate could extend the pandemic.

Excluding Miami-Dade, Broward and Palm Beach Counties due to their higher late April infection rate statistics, DeSantis approved Phase 1 for Florida’s 64 other counties on May 4, allowing masked customers observing social distancing guidelines to enter restaurants and retail shops, but only at 25% capacity and if dining tables at outdoor venues were separated by at least 6 feet.

Opening South Florida Counties

Regency Tower Pool

Still in Phase 0, on April 29, 2020, Broward County Administrator Bertha Henry issued Emergency Order 20-08, conditionally re-opening certain non-essential amenities in Broward County subject to CDC protective guidelines (social distancing, facial coverings, etc.). The order applied to certain parks, natural areas, boat ramps, marinas, golf courses and common area pool facilities serving multi-family homes – such as condominiums. Later that day, Fort Lauderdale Mayor Dean Trantalis followed suit, specifying which of the amenities named by Henry would initially be re-opened in the City.

Although still barred by the State from re-opening any beaches, the Broward order was prompted by improving medical statistics deemed relevant by the CDC (i.e. the rate of new infections dropped below 10%, declining impact on area hospitals, etc.) Henry’s order identifies those exempt from the facial covering requirement (Section 7), including children under the age of two, persons who otherwise have difficulty breathing, food service employees (when wearing a mask could pose a hazard), first responders whose personal protective equipment (PPE) is determined by their respective agencies, and those raising a religious objection.

Having crafted an incremental list of stringent safety measures, the Galt Mile Community Association (GMCA) relentlessly pressured State, County and City officials to safely re-open the neighborhood’s private beach. Hastening local recovery would require strict adherence to CDC containment protocols in beachfront associations. With the exception of a few self-absorbed morons, the Galt Mile community has been a model of compliance.

At a May 4 GMCA ZOOM video conference, District 1 City Commissioner Heather Moraitis, District 4 County Commissioner Lamar Fisher and Statehouse Representative Chip LaMarca reviewed methodologies with officials from member associations to facilitate beach access and secure Phase 1 status in South Florida.

On May 8, although newly released Broward Emergency Order 20-09 still restricted beach access, the Governor announced that Palm Beach County could move into Phase 1 on May 11 (Executive Order 2020-120), and the Palm Beach County Commission voted to open their beaches on May 18. Citing the positive COVID-19 trending in Miami-Dade and Broward Counties, DeSantis said “Our target for them, we’d like to see them move into Phase 1 on May 18.”

GMCA President Pio Ieraci

In daily contact, County Commissioner Lamar Fisher continually updated GMCA President Pio Ieraci about his struggle to include a specific date for beach access in the next Broward Emergency Order, which would either reflect or possibly expedite the Governor’s anticipated May 18 Phase 1 approval in Broward. We’d soon be able to walk on the beach, shop in stores, eat in a restaurant or finally get a haircut. When DeSantis signed Executive Order #2020-122 on May 14, approving Phase 1 in Broward on May 18, the County immediately issued Emergency Order 20-10, enabling the limited re-opening of restaurants, retail shops, personal services, gyms, hair salons, drive-in movie theaters, community rooms and recreational amenities in multifamily housing developments (condos and co-ops), museums, public community pools, private club pools, and other services and amenities.

At a discrete May 14 meeting, a group of mayors and commissioners from Miami-Dade, Broward and Palm Beach Counties explored impending Phase 1 impacts. Officials representing the three South Florida counties had previously agreed to re-open simultaneously to bar the prospect of customers in restricted counties flocking to merchants in a neighboring county that re-opened earlier. When Palm Beach County officials engineered a Gubernatorial approval of Phase 1 on May 11, a week before Miami-Dade and Broward would earn Phase 1 status on May 18, they trashed that agreement, and provided Palm Beach merchants with a week-long clear field to usurp revenues that would ordinarily support businesses in Broward and Miami-Dade. Officials at the meeting observed how this inequitable disparity further burdened businesses desperately struggling to survive the COVID-19 shutdown.

To offset the fact that neither Broward nor Miami-Dade had met the Centers for Disease Control and Prevention’s nationwide criteria for a Phase 1 reopening on May 18 (two weeks of declining deaths and new cases), officials at the meeting agreed to increase COVID-19 testing and continue the strict enforcement of CDC requirements for facial coverings, disinfection, and social distancing. In addressing beach access, officials feared that if crowds drawn by Memorial Day weekend sales and events (May 23 – May 25) also packed newly opened beaches, the infection rate could explode. As such, Broward officials decided to delay re-opening the beaches until after the holiday weekend - on Tuesday, May 26.

The Broward County Tightrope

Mayor Dean Trantalis Opens Gyms

While on board with Broward’s rationale for suspending beach access through May 26, Fort Lauderdale officials were surprised by the County’s failure to dilute restrictions on Commercial Gyms and Fitness Centers, impelling Mayor Dean Trantalis to ignore the County prohibition and approve their re-opening on May 18.

Fort Lauderdale Fitness Center

To diminish the prospect of a second lockdown by ensuring compliance with CDC safety protocols, Broward County Administrator Bertha Henry issued Emergency Order 20-12 on May 21, specifying strict enforcement of Phase 1 limitations on each re-opened venue. One day later, Henry released Emergency Order 20-13 on May 22, which finally sanctioned the May 26 re-opening of Broward beaches, along with Commercial Gyms and Fitness Centers, Hotels, Motels and other Commercial Lodging Establishments.

Galt Mile Beach Opening

Beginning on May 26, Broward beaches were open from sunrise to sunset for swimming, surfing, walking, running, biking, kayaking, paddle boarding and body surfing. While barred from using umbrellas, canopies, chairs, loungers, or coolers, beachgoers are also prohibited from picnicking, playing sports, sunbathing, sitting, lying down or gathering in a group of more than 10 people. Except for members of the same household or group, people must be separated by a minimum of six feet (6’). After flooding our beaches, thousands of visitors from Miami-Dade, where the beaches weren’t approved for re-opening until June 1 – competed with locals for sharply limited restaurant seating.

Given the 50% maximum occupancy restriction on nonessential retail venues, merchants desperate to salvage their livelihoods must decide if revenues from a truncated customer base will cover the cost of fully staffed Restaurants and Retail shops. Some vendors will keep their doors closed until Phase 2 relief improves prospects for a sustainable cost/benefit while others will justify financing initial shortfalls to expedite a return to solvency.

Galt Mile Marketplace Shops

White House vs. CDC

On April 17, the White House released an “Opening Up America Again” plan that cherry-picked elements of the CDC recovery requirements, but with a major caveat. The Administration faults the Governor of any State in which the plan fails. On April 30, a far more elaborate CDC plan called “Guidance for Implementing the Opening Up America Again Framework” was shelved by the White House, as its detailed guidance threatened to impede a speedy recovery.

For instance, a huge number of the 2 million positive COVID-19 cases and 113,000 deaths in the US by June 11 were corollary to non-essential travel. The CDC report states, “Travel patterns within and between jurisdictions will impact efforts to reduce community transmission. Coordination across state and local jurisdictions is critical -- especially between jurisdictions with different mitigation needs.”

Although unrestricted travel poses a significant threat to pandemic containment, the White House plan lifts the ban on non-essential travel in Phase 2 – which was approved in Florida on June 3 (excluding Palm Beach, Broward and Miami-Dade counties), while the CDC plan requires a decreasing number of new cases for 42 days before approving casual travel.

Despite initially requiring jurisdictions to delay reopening plans until the number of new cases – or infection rates – declined for 14 days and medical facilities were no longer overwhelmed, once the White House shifted reopening responsibilities to state and local officials, those mandates devolved into nonbinding suggestions. As a result, case counts and positive test rates are increasing in more than half the states approved for reopening.

Trump on COVID-19

Having relieved state and local officials of compliance requirements with the White House plan, President Trump is pressuring Governors to reopen their respective economies, hopefully without exploding the pandemic. To balance the White House economic objective with sufficient safeguards to dodge a far more disastrous second lockdown, the CDC thought it prudent to detail life-saving guidelines for the patchwork of reopening plans underway across the country.

Senator Mike Braun

Complaining that the CDC’s 63-page missive was too prescriptive, Administration officials concluded that applying its complex schedule of protections would delay the recovery. They attacked the CDC for crafting detailed recovery measures for each type of business and social venue. While the CDC plan would curb local resurgences of COVID-19 across the country, on May 13, Senator Mike Braun (R – Indiana) blocked a Senate resolution to release the CDC plan, stating “The Guide would bog down the economy.” He believed it counterproductive to confuse those at risk with medical facts.

On May 20, the administration approved a greatly generalized CDC revision entitled “CDC Activities and Initiatives Supporting the COVID-19 Response and the President’s Plan for Opening America Up Again”, which provides State and local officials with the option to implement the CDC guidance or ad lib their way through this nightmare.

Fortunately, Broward is among the few Florida counties that pushed back when pressured to jump on Phase 1 and Phase 2 integration protocols. Instead, Broward County Administrator Bertha Henry issued a series of Emergency Orders that implemented CDC monitoring and mitigation measures specific to each of the newly reopened businesses and social venues. This should help the County quickly address any spike in new cases, given the increased exposure inherent in an economic reopening driven by guesswork and politics.

COVID-19 Crap Shoot

Of course, given that research into this virus is still in its infancy, largely experimental recovery measures have fueled a passionate nationwide controversy. Officials at every level of government are walking on eggshells since the only bulletproof defense against a second containment shut down would be a vaccine or a cure, projected for some time next year – and the first 150 million doses will go to first responders worldwide – so don’t hold your breath.

Since the official pandemic response has eroded into a political shell game, each of us will have to decide if, when and which venues are relatively safe to patronize. You DO NOT want to get this wrong. To help familiarize you with the regulatory playing field, read on for the mandates governing this eclectic excursion into the Twilight Zone.

COVID-19 Executive Orders & Emergency Declarations
Links to CDC Coronavirus Info
(Updated May 1, 2021)

State of Florida - COVID-19

Governor Ron DeSantis COVID-19 Executive Orders

• 03/1/2020 - Executive Order #2020-51 re: Establishes Coronavirus Response Protocol and Directs Public Health Emergency

• 03/9/2020 - Executive Order #2020-52 re: Emergency Management – COVID-19 Public Health Emergency

• 03/17/2020 - Executive Order #2020-68 re: Emergency Management – COVID-19 Regarding Bars, Beaches, and Restaurants

• 03/20/2020 - Executive Order #2020-69 re: Emergency Management – COVID-19 – Local Government Public Meetings

• 03/20/2020 - Executive Order #2020-70 re: Emergency Management – COVID-19 – Broward and Palm Beach County Closures

• 03/20/2020 - Executive Order #2020-71 re: Emergency Management – COVID-19 – Alcohol Sales, Restaurants, and Gyms

• 03/20/2020 - Executive Order #2020-72 re: Emergency Management – COVID-19 – Non-essential Elective Medical Procedures

• 03/23/2020 - Executive Order #2020-80 re: Emergency Management – COVID-19 – Airport Screening and Isolation

• 03/24/2020 - Executive Order #2020-82 re: Emergency Management – COVID-19 – Isolation of Individuals Traveling to Florida

• 03/24/2020 - Executive Order #2020-83 re: Emergency Management – COVID-19 – Protective Measures for Vulnerable Populations, Gatherings of Private Citizens and Density of the Workforce

• 03/26/2020 - Executive Order #2020-85 re: Telehealth and Immunizations for State Group Insurance

• 03/27/2020 - Executive Order #2020-86 re: Emergency Management – COVID-19 – Additional Requirements for Certain Individuals Traveling to Florida

• 03/27/2020 - Executive Order #2020-87 re: Emergency Management – COVID-19 – Vacation Rental Closures

• 03/30/2020 - Executive Order #2020-88 re: Emergency Management – COVID-19 – Re-employment of Essential Personnel

• 03/30/2020 - Executive Order #2020-89 re: Emergency Management – COVID-19 – Miami-Dade County, Broward County, Palm Beach County, Monroe County Public Access Restrictions to non-essential Businesses and Facilities

• 03/30/2020 - Executive Order #2020-90 re: Emergency Management – COVID-19 – Broward and Palm Beach County Beach Closures

• 04/1/2020 - Executive Order #2020-91 re: Essential Services and Activities During COVID-19 Emergency; Executive Order #2020-91 FAQ; Essential Services and Activities List; Subsequent Additions to the Executive Order #2020-91 Essential Services List

• 04/1/2020 - Executive Order #2020-92 Executive Order amends Executive Order 20-91 re: Essential Services and Activities During COVID-19 Emergency

• 04/2/2020 - Executive Order #2020-93 re: COVID-19 Emergency Order – Reemployment Assistance Program

• 04/2/2020 - Executive Order #2020-94 re: Emergency Management – COVID-19 – Mortgage Foreclosure and Eviction Relief

• 04/6/2020 - Executive Order #2020-95 re: COVID-19 Emergency Order – Documentary Stamps for SBA Loans

• 04/8/2020 - Executive Order #2020-97 re: Emergency Management – COVID-19 – Municipal Elections in Pasco County

• 04/10/2020 - Executive Order #2020-103 re: Executive Order extends Executive Order 20-87 re: Vacation Rental Closures

• 04/16/2020 - Executive Order #2020-104 re: Emergency Temporary Action Related to Unemployment Compensation – COVID-19

• 04/29/2020 - Executive Order #2020-111 re: Limited Extension of Essential Services and Activities and Vacation Rental Prohibition – COVID-19

  State of Florida COVID-19 Recovery
  
  

• 04/29/2020 - Executive Order #2020-112 re: Phase 1: Safe. Smart. Step-by-Step. Plan for Florida’s Recovery – COVID-19 Effective May 4, 2020; Executive Order #2020-112 FAQ

• 04/19/2020 - Re-Open Florida Task Force

  • 04/19/2020 - Media Advisory - Governor Ron DeSantis to Hold Re-Open Florida Task Force Meeting

  • 04/20/2020 - Task Force Briefing - Re-open Florida

  • 04/20/2020 - Task Force Executive Committee - Members of the Re-Open Florida Task Force Executive Committee

  • 04/30/2020 - Final Report of the Re-Open Florida Task Force

• 04/29/2020 - Governor's Plan to Re-Open Florida - COVID-19 Presentation

• 05/4/2020 - Governor's Plan to Re-Open Florida - Updated COVID-19 Presentation

• 05/8/2020 - Executive Order #2020-114 re: Emergency Management – Extension of Executive Order 20-52 – COVID-19

• 05/9/2020 - Executive Order #2020-120 re: Expanding Phase 1: Safe. Smart. Step-by-Step. Plan for Florida’s Recovery (Palm Beach County Phase 1; Hair Salons)

• 05/14/2020 - Executive Order #2020-121 extends Executive Order 20-94 re: Limited Extension of Mortgage Foreclosure and Eviction Relief

• 05/14/2020 - Executive Order #2020-122 re: Broward and Miami-Dade Counties to Phase 1: Safe. Smart. Step-by-Step. Plan for Florida’s Recovery

• 05/14/2020 - Executive Order #2020-123 re: Full Phase 1: Safe. Smart. Step-by-Step. Plan for Florida’s Recovery

• 05/15/2020 - Executive Order #2020-124 re: Emergency Management – COVID-19 – Municipal Elections in Pasco County

• 05/22/2020 - Executive Order #2020-131 re: Expanding Full Phase 1: Safe. Smart. Step-by-Step. Plan for Florida’s Recovery - Reopening youth sports teams, youth clubs, child care. Summer camps, youth recreation camps

• 06/1/2020 - Executive Order #2020-137 extends Executive Order 20-121 re: Limited Extension of Mortgage Foreclosure and Eviction Relief

• 06/3/2020 - Executive Order #2020-139 re: Phase 2: Safe. Smart. Step-by-Step. Plan for Florida’s Recovery - Phase 2 relief for Individual Activity; Individuals Traveling to Florida; Business Activity (if approved by County Mayor or County Administrator in Miami-Dade, Broward and Palm Beach counties); Enforcement as per Statute and by the DBPR. Effective June 5, 2020.

• 06/17/2020 - Executive Order #2020-149 re: Emergency Management – COVID-19 – Primary and General Elections - Canvassing Vote-By-Mail Ballots; Poll Workers; Election Administration and Coordination; Polling Locations; Notice to the Public and Division of Elections

• 06/23/2020 - Executive Order #2020-150 re: Emergency Management – COVID-19 – Local Government Public Meetings - Extends Executive Order 20-69, as extended by Executive Orders 20-121, 20-123 and 20-139, until 12:01 a.m. on August 1, 2020.

• 06/30/2020 - Executive Order #2020-159 extends Executive Order 20-137 re: Limited Extension of Mortgage Foreclosure and Eviction Relief

• 07/7/2020 - Executive Order #2020-166 re: Emergency Management – Extension of Executive Order 20-52 – COVID-19 - extends COVID-19 emergency for 60 days - including Phase 2 modifications

• 07/29/2020 - Executive Order #2020-179 re: Emergency Management – COVID-19 – Local Government Public Meetings - Except as amended herein, extends Executive Order 20-69, as extended by Executive Orders 20-112, 20-123, 20-139 and 20-150, until 12:01 a.m. on September 1, 2020.

• 07/29/2020 - Executive Order #2020-180 extends Executive Order re: Limited Extension of Mortgage Foreclosure and Eviction Relief - Extends Executive Order 20-94, as extended by Executive Orders 20-121, 20-137 and 20-159, and as amended herein, until 12:0l a.m. on September I. 2020.

• 08/5/2020 - Executive Order #2020-192 amends Executive Orders 20-68, 20-139, and 20-166 - all restaurants must implement employee screening protocols

• 08/7/2020 - Executive Order #2020-193 amends Executive Order 20-179 - Except as amended herein, extends Executive Order 20-69, as extended by Executive Orders 20-112, 20-123, 20-139 and 20-150, until 12:01 a.m. on October 1, 2020.

• 08/28/2020 - Executive Order #2020-210 suspends renewal deadline through December 31. 2020 (unless extended by subsequent order), for holders of any license, permit, registration, or certificate issued by DBPR for purposes of engaging in the manufacturing, sale, or distribution of alcoholic beverages in Florida

• 08/31/2020 - Executive Order #2020-211 re: Limited Extension of Mortgage Foreclosure and Eviction Relief, Extends Executive Order 20-180 until 12:0l a.m. on October I. 2020.

• 09/1/2020 - Executive Order #2020-212 extends the deadline for students graduating in the 2019-20 school year to earn the minimum qualifying SAT or ACT score to earn a Bright Futures scholarship until December 1, 2020

• 09/4/2020 - Executive Order #2020-213 Except as amended herein, Executive Order 20-52 COVID-19, extended by Executive Orders 20-114 and 20-166, and as amended by Executive Order 20-192, is extended for 60 days following the issuance of this order for the entire State of Florida.

• 09/4/2020 - Executive Order #2020-214 re: Palm Beach County is approved to move into Phase 2 of my Safe. Smart. Step-by-Step. Plan for Florida's Recovery.

• 09/11/2020 - Executive Order #2020-223 re: Emergency Management – Miami-Dade and Broward counties approved to move into Phase 2: Safe. Smart. Step-by-Step. Plan for Florida’s Recovery (Effective September 14, 2020).

• 09/25/2020 - Executive Order #2020-244 re: Phase 3; Right to Work and Operate a Business; Business Certainty; Criteria for Limitations on the opening of Restaurants; Suspension of Fines

• 09/30/2020 - Executive Order #2020-246 re: Emergency Management – COVID-19 – Local Government Public Meetings - Extends Executive Order 20-69, as extended by Executive Orders 20-121, 20-123, 20-139, and 20-150, until 12:01 a.m. on November 1, 2020.

• 11/3/2020 - Executive Order #2020-276 re: Emergency Management – Executive Order 20-52, as extended by Executive Orders 20-114, 20-166, 20-192 and 20-213 will be extended for 60 days following the issuance of this order for the entire State of Florida – COVID-19

• 11/24/2020 - Executive Order #2020-297 re: Extending Executive Order 20-244: Phase 3; Right to Work; Business Certainty; Suspension of Fines – COVID-19

• 12/23/2020 - Executive Order #2020-315 re: Vaccine Administration / Protecting Florida’s Seniors – COVID-19

• 12/29/2020 - Executive Order #2020-316 re: Emergency Management – Extension of Executive Order 20-52, as extended by Executive Orders 20-114, 20-166, 20-192, 20-213, and 20-276 will be extended for 60 days - COVID-19

• 02/26/2021 - Executive Order #2021-45 re: Emergency Management – Executive Order 20-52, as extended by Executive Orders 20-114, 20-166, 20-192, 20-213, 20-276 and 20-316 will be extended for 60 days following the issuance of this order for the entire State of Florida – COVID-19

• 02/26/2021 - Executive Order #2021-46 re: Vaccine Administration / Protecting Florida’s Seniors – persons deemed to be extremely vulnerable to COVID-19 are added to those declared eligible for COVID-19 vaccination (only by advanced practice registered nurses licensed under Chapter 464, Florida Statutes, and pharmacists licensed under Chapter 465, Florida Statutes)

• 03/1/2021 - Executive Order #2021-47 Amends Executive Order 20-315, as amended by Executive Order 21-46 re: Vaccine Administration – Added to those declared eligible for COVID-19 vaccination are K-12 school employees 50 years of age and older; Sworn law enforcement officers 50 years of age and older; and Firefighters 50 years of age and older.

• 03/8/2021 - Executive Order #2021-62 Amends Executive Order 20-315, as amended by Executive Orders 21-46 and 21-47 re: Vaccine Administration/Protecting Florida’s Seniors - reduces the age of eligible seniors from 65 to 60 years of age and older

• 03/10/2021 - Executive Order #2021-65 Clemency Order Regarding Remission of Fines - Except for those imposed on assisted living facilities, hospitals, or other healthcare providers, this order remits any fines imposed between March 1, 2020, and March 10, 2021, by any political subdivision of Florida related to local government COVID-19 restrictions.

• 03/19/2021 - Executive Order #2021-67 Amends Executive Order 21-62 regarding Vaccine Administration - reduces the age of eligibility for vaccinations from 60 to 50 years of age and older (effective March 22, 2021)

• 03/26/2021 - Executive Order #2021-79 Amends Executive Order 21-67 regarding Vaccine Administration - reduces the age of eligibility for vaccinations from 50 to 40 years of age and older (effective April 5, 2021)

• 03/29/2021 - Executive Order #2021-80 re: Reemployment Assistance/Payment of Employer Contributions - employer contributions due date for the quarter ending March 31, 2021 is delayed thirty (30) days to May 31, 2021.

• 04/2/2021 - Executive Order #2021-81 re: Prohibiting COVID-19 Vaccine Passports - Florida government entities are barred from issuing vaccine passports, vaccine passes, or other standardized documentation for the purpose of certifying an individual's COVID-19 vaccination status to a third party; Florida Businesses are prohibited from requiring patrons or customers to provide any documentation certifying COVID-19 vaccination or post-transmission recovery to gain access to, or service from, the business.

• 04/27/2021 - Executive Order #2021-94 Except as amended herein, Executive Order 20-52 COVID-19, extended by Executive Orders 20-114 and 20-166, 20-192, 20-213, 20-276, 20-316, and 21-45, is extended for 60 days following the issuance of this order for the entire State of Florida.

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SPEC Engineer John Evans

September 30, 2015 - In May of 2014, when technicians from American Generator Services (the company contracted to maintain our generator) admonished that our 45-year old back-up power source was on its last legs, SPEC Engineer John Evans recommended that we immediately launch a replacement process, since installing a new emergency power system could take more than a year. Although manufacturer’s delivery might only take several months, and another three to four weeks for the actual construction, Evans observed that regulatory issues could delay the installation for an additional six months to a year.

City Manager Lee Feldman

Recently, our plans for a new emergency power system (generator) finished wending their way through a tortuous - and enigmatic - design review process. A process largely orchestrated by a City Department that was recently parboiled and turned on its head. Last year, Fort Lauderdale City Manager Lee Feldman cleaned house. After dismantling Building Services, Code Enforcement, Planning and Zoning, and other municipal fiefdoms more concerned with turf protection than customer service; these agencies were fitted with new management and reincarnated as divisions in the Department of Sustainable Development. Headquartered in the Greg Brewton Sustainable Development Center at 700 NW 19^th Avenue, a battery of inspection stations (AKA “desks”) are dedicated to “Design Review”.

The Municipal Gauntlet

Greg Brewton Sustainable Development Center

When a permit application is received by the City, after a Building Services administrator identifies those construction disciplines component to the project, a Service Clerk routes the documentation to the relevant plan inspectors for review. If approved by an inspector, the reviewed application is either forwarded to the next “desk” or stamped complete and sent to support staff to await retrieval by the property owner or contractor. If not approved, the inspector drafts “notes” - a set of issues or questions to be addressed by the applicant. When the completed responses are returned to the inspector, the process continues. A permit is only granted after every “desk” assigned to the project issues an approval.

The majority of applications warrant review by no more than three inspectors. With few exceptions, permits issued to association unit owners for home improvements are vetted at desks dedicated to plumbing, electrical and/or structural review - and usually approved within several business days. However, when an association solicits a permit for a more complex project, the application makes additional stops - whether for landscaping, zoning, floodplain management, etc. - depending on anticipated project impacts. As for our planned Regency Tower emergency power system, the following is a summary of its travels through the City’s design review minefield.

Down the Rabbit Hole

On April 14, a permit application submitted by Fischer Electric was logged in by Fort Lauderdale Service Clerk Cecile Thomas, and tagged for initial review by inspectors in Building/Structural, Electrical, Floodplain Management, Landscaping, Mechanical (A/C), Plumbing and Zoning – virtually every desk in plan review. On April 16, it was sent to the Structural and Electrical desks; it passed structural in 2 hours as Chief Electrical Inspector Scott Dry approved the electrical component in only 50 minutes. On April 20, it was sent to plumbing, where Plumbing Inspector Greg Diaz added “notes” inquiring about piping, gas consumption rates and requesting additional drawings. While the notes were being addressed, the project was reviewed on April 22 by Structural Plans Examiner Victor Blanco in Zoning, who added notes questioning the project’s impact on outdoor parking – a strange request for a project located in the garage. On April 23, Landscape Inspector Karl Lauridsen signed off on the plan, surmising an absence of landscaping in the maintenance room.

Although Fischer responded to Diaz’ plumbing inquiries and Blanco’s parking concerns within a few days, the permit application collected dust until June 3, when the Floodplain Manager asked if the equipment was planned for installation at or above the base Flood Elevation. On the same day, Mechanical Inspector Paolo Serafini added notes demanding new drawings that show relocated exhaust outlets and ducts discharging to the outdoors. He specified that the revised drawings should demonstrate termination points 10 feet from the property lines; 3 feet from exterior walls and roofs; and 10 feet from operable openings into the building. Despite their unconditional irrelevance to the project located in the maintenance room, the drawings were executed and returned a few days later. After another three weeks, on July 1, Serafini asked for another drawing showing how the pipes are supported and inquired if exterior project elements adequately resist wind loads.

Three weeks after Fischer responded, on July 24, Chief Plumbing Inspector Joe DeMaio appropriated the plumbing review from Diaz, and added three more notes. He requested a drawing that shows the shut-off valve after the gas meter and different piping to the new generator. In his last note, he lowered the boom. After four months in City plan review, he informed Fischer that the project must also be approved by Broward County.

Broward Takes a Bite

While Florida Law vests the City of Fort Lauderdale with enforcement of The Florida Building Code for most construction, it cedes jurisdiction to Broward County for certain projects, including Swimming Pools and Elevators. Recently, certain projects were reclassified for discretionary dual review by the County and the City – including generators. Ironically, details about this additional regulatory rain dance were never announced to the building trades and engineering communities. At the end of the day, Evans observations about the City’s obtuse regulatory practices for life-safety projects were borne out.

Once approved by the County, the project was bounced back to the City, where it was returned to mechanical and plumbing on August 18, the only two desks that hadn’t yet approved the plans. On August 20, the plan was reviewed and approved by a third Plumbing Inspector – Joe Kajak. On August 22, the plan made its way back to Mechanical Plans Examiner Paolo Serafini. Despite intensive investigation and a truckload of notes, Serafini finally indicated that no mechanical review was requiredy. After emailing an August 24 notice of the permit’s approval and collecting all outstanding fees, Building Services Clerk Robin McIntosh sent it to the Reception Desk for pickup on August 25, 2015. According to Fischer, while this regulatory roller coaster has been exasperating, it was far from the worst he had experienced – citing one project that was under scrutiny for more than a year. Also, this is not our first marathon dance with design review – as it took six months to land permission for replacing our roof.

The permit hunt prompted the contractor to apply for two change orders. On August 28, we picked up a $450 expense to comply with DeMaio’s request for a detailed load drawing of the entire gas line - with all attached appliances. On September 14, Change Order #2 was submitted for $1996 in permit fees for the project, the gas line, and filing fees for Permit Services, Notice of Commencement, etc. Verified by the Engineer, the cumulative invoice of $2446 was addressed with a draft from the regulatory contingency provided for this purpose.

Securing the permit also triggered a vendor payment of $44,000 - contractually earmarked for the purchase of equipment, which was ordered just after Labor Day. On September 11, receipt of manufacturer and distributor shipping windows affirmed major equipment deliveries through November. Demolition commenced in the garage on September 21, where channels that will house interred concrete encased conduit were carved in the maintenance room, the meter room and the connecting hallway. Inspected by our Engineer on September 24, the excavation must also be examined and approved by a City Inspector, a protocol anticipated for every step of the project.

The silver lining – having been alerted to the previously undisclosed requirement for County review, regulatory approval for our cooling tower will be simultaneously solicited from the City and County. Like the emergency power system, a cooling tower installation is among the handful of association projects scrutinized by every desk in Design Review. Without convincing evidence of an impending disaster, there is no “fast track” option. Instead, after exercising reasonable due diligence, the association will once again take a deep breath, hold its nose, and patiently navigate this mind-numbing “House of Mirrors”.

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Spalling Concrete and Exposed Rusting Rebar

Clean Bill of Health

February 12, 2015 - Last Spring, a report prepared for the board of directors summarized the structural status of three building elements critical to our safety and/or quality of life. Released to the membership on July 10, 2014, it described the measures taken by our engineer to evaluate our balconies, his conclusion that the “minor spalling” merits annual revisitation and his recommendation to delay a concrete rehabilitation until the association was prepared to paint the building. His pronouncements for the aging cooling tower and fast-decomposing emergency generator were far darker, having advised immediate replacement.

The backup generator enables critical fire safety systems during a power outage, when we are most vulnerable to a flash fire. In powering emergency hallway lighting and an elevator, elderly residents who are unable to navigate the stairs will not be stranded on the upper floors. Providing emergency power to the garage door preserves the means for unit owners with garaged vehicles to optionally depart Regency Tower if the power fails. The importance of our cooling tower is self-evident, since every air conditioner in the building is operationally dependent on its unflagging functionality. As such, the board approved a new generator and cooling tower; authorizing John Evans of Swaysland Professional Engineering Consultants, Inc. (SPEC) to commence the replacement process on June 25, 2014. Although a structural engineer, Evans consulted with mechanical and electrical engineers who respectively specialize in power management and HVAC.

The Emergency Generator Assessment

SPEC Engineer John Evans

On June 26, Evans accompanied Coral Springs Electrical Engineer Carlos A. Estenoz P.E. (of Estenoz Engineering Inc.) on the first in a series of site visits to our generator. No stranger to the association’s engineering footprint, a few years earlier Estenoz performed a comprehensive electrical inspection of Regency Tower in compliance with the County-mandated 40-Year Building Safety Certification. As Estenoz began reconfiguring the generator, fire pump, relevant switchgears and connecting conduit, Evans faced a regulatory dilemma.

As 1970s developer-installed generators along the Galt Mile became candidates for replacement, City Code Officials restricted the new generators to outdoor placements. Relocating our generator to an outdoor site would skyrocket costs – and the financial burden on unit owners. Expenditures for extensive camouflage landscaping to cloak this mechanical eyesore (as required by City code) and a costly noise-dampening envelope (another code requirement) would be topped off with a long, interred channel of expensive copper conduit connecting the remote exterior location to the meter room in the garage.

Investigating the rationale for this noisy, ugly, budget-busting regulatory dogma, Evans learned that Fort Lauderdale Code officials had two reservations about garage generator installs along the Galt Mile. In addition to trepidations about storm surge flooding the below grade garage of a beachfront association, building officials were also concerned about prospective heat buildup in poorly ventilated interior rooms.

Regency Tower's Original Onan Emergency Generator

To preserve an expansive indoor parking area (Galt Mile garages were originally envisioned to house valet parking), Galt Mile developers spatially shortchanged garage level mechanical rooms (for generators, pool pumps, electrical equipment & meters, fire pumps, etc.). They systematically plunked 5-foot generators into 6-foot x 7-foot closet-like enclosures. While these engines were designed to survive thermal extremes (sustained periods of 100 degrees and higher within minutes of ignition), people are not. When reclassified as unsafe by the evolving NFPA (National Fire Protection Association) Life Safety Code, the grandfathered exemptions that shielded these enclosures from code violations were forfeit when the generators were replaced.

Fortunately, the Regency Tower generator site differs from those of our neighbors, as the original garage-level generator enclosure was subsequently opened to the large adjacent Maintenance Room. On meeting with code officials, Evans demonstrated that the current indoor location was not only expansive and well-ventilated, but also air conditioned (in 2004, our maintenance guys rehabilitated a discarded air conditioner for use in the Maintenance room).

Regency Tower Fire Pump

To dispel regulatory concerns about storm surge, Evans described how chronic flooding that used to plague the garage was cured by the 2003 construction of a lower driveway subsurface drainage system and gravity well (a project which Evans supervised). Years before the flooding issues were permanently corrected, the association had erected a wainscot waterproof protective barrier around the generator (and a similar 4-foot wall in the meter room to protect the association’s electrical switchgears & breakers), serendipitously providing a secondary defense against storm surge flooding.

Within 5 weeks, Estenoz modeled a new emergency power system around an engine manufactured by Generac Power Systems and based on the regulatory concessions negotiated by Evans. By increasing the size of the new generator from 115 kW to 150 kW, Estenoz eliminated the need for an expensive soft starter on the fire pump, explaining “I prefer to keep the system simpler and put the money into a little larger generator than complicating the fire pump controller with reduce voltage or a soft starter.” On August 12, Estenoz submitted his completed project drawings and technical specifications of the Generac generator to Evans, who compiled the documentation into bid packages on August 14.

On August 19, the bid packages were sent to four reputable vendors, including American Generator Services (the company that maintains our generator), Fischer Electric (installed our deck lamps and Playa del Sol’s emergency generator), Kerney & Associates (a Dania Beach contractor recommended by Evans) and Edd Helms (formerly maintained our HVAC systems - until replaced by a less costly “competitor”). The vendors submitted bids by the September 12 deadline; except for Edd Helms (whose representative later admitted that “someone dropped the ball”).

The bid submitted by Kerney & Associates was $194,050 and Fischer Electric submitted a proposal for $149,400. On behalf of American Generator Services (AGS), a contractor they use for new installations called Toro Engineering submitted a bid for $236,292. Inexplicably, AGS ignored the bid parameters that called for installing the Generac generator and priced a much more expensive model manufactured by Kohler. Since a contract’s profitability is often a percentage of the overall project cost, goosing costs with more expensive products is a tactic commonly used to flesh out a contractor’s bottom line.

Angered by the AGS self-serving attempt to explode project costs, at a September 25 meeting to discuss the bids, John Evans declared that Generac makes an excellent generator, an opinion shared by Estenoz. Likening Kohler to the “Rolls Royce of the generator world,” he added that it was “clearly unnecessary for our purposes.” In a bid report he submitted on September 28, Evans explained “At a cost difference of $70,000 it does NOT seem warranted for a piece of equipment that will likely run no more than 55 hours a year!” Board members agreed. Our objective is to install an efficient and reliable generator, without unnecessarily increasing the assessment burden.

During the bid review, Evans enumerated additional expenses that the association would have to directly address, including two regulatory costs that hinge on last minute opinions rendered by the Fire Department and Building Services. Since no generator will be available during the changeover, the Building Department may require a “standby” generator to power emergency systems in the event of a power outage - an expense reckoned at $2,000 a week for about two weeks - totaling $4000. Secondly, when the fire pump conductor is changed, the fire pump will be down for a few days. During this hiatus, the Fire Department may demand that we implement a “fire watch”. For this task, the Department could either require that we hire a firefighter or assign the responsibility to our security staff. If directed to hire a firefighter, a 5-day watch could cost an additional $4800.

An elective expense relates to warranty protection. Although the Generac generator is warranted for two years, the company offers an optional 5-year warranty for an additional $1750. Lastly, engineering costs for design and bid management were $8,500. Incorporating the $8,500 for engineering, the $1750 cost of an extended 5-year warranty, the possible $4000 rental expense for an interim generator and $4800 for a firefighter to serve as a “fire watch” will add $19,050 to an assessment.

Of the two bids received for the specified Generac engine, Fischer’s bid of $149,400 was roughly 23% less expensive than the Kerney proposal for $194,050. Given Evans’ conclusion that the proposed services were essentially the same, the board accepted the bid from Fischer Electric. Cushioning the bid price of $149,400 with a standard 20% contingency totaling $29,880 increases the project cost to $179,280. Adding the $19,050 for engineering, warranty and prospectively mandated regulatory costs brings the total project assessment to $198,330.

The Cooling Tower Assessment

Regency Tower Rooftop Cooling Tower

When asked to commence preparations for replacing the cooling tower on October 1, Evans solicited input from several engineering disciplines. Carlos Estenoz would update the electrical drawings while Evans recruited Parkland-based Mechanical Engineer Richard G. Corbett to integrate the new cooling tower into our HVAC system. Evans would draft wind load specs, design the support stand and mold the team’s “scope of work” into a bid package. On October 6, Evans forwarded the completed plans to Regency Tower for approval.

Playa del Mar & Galt Ocean Club - Walled Cooling Towers

Prior to creating vendor bid packages, Evans had to investigate several regulatory land mines. If the cooling tower is visible from any public right-of-way, City code requires that an aesthetically acceptable “screen” be erected to mollify a potential “eyesore.” Cooling towers atop several other Galt Mile associations are cloaked by such hurricane-proof privacy walls – including Galt Ocean Club and Playa del Mar. At its current location on the north side of the roof, our cooling tower is visible from a 40-foot stretch of Galt Ocean Drive in front of Playa del Mar. Although we hope to reason with the assigned inspector, code enforcement may opt to drop the hammer. Citing some similar SPEC projects completed in the past decade, Evans priced the job at $70,000 to $100,000.

Seeking a less costly alternative, we asked Evans to ascertain the cost of relocating the cooling tower to the center of the roof, which would eliminate line-of-sight visibility from the street. After consulting with the Mechanical Engineer, Evans estimated the cost at $35,000 to $40,000, clipping $60 grand from the contingency.

Evans described a second potential regulatory expense. When the old cooling tower is emptied, City code requires its discharge into a sanitary drain. Unfortunately, we only have a rooftop storm drain. Admonishing that a Hallandale code officer refused to allow an association to evacuate their cooling tower into a storm drain, Evans devised a solution if faced with the same obstacle. Since the rooftop storm drain descends through the entire building, the discharge can be intercepted in the garage, where it can be piped to a nearby sanitary drain. He postulated the cost of this work-around at $12,000. Evans also estimated impending project management costs at $5000. The $40,000 to relocate the cooling tower, $12,000 to reroute the effluent to a sanitary drain and $5000 for construction oversight could inflate the project cost by $57,000.

Contractors invited to bid on the project included Kerney & Associates, Thermal Concepts (the vendor that installed our current cooling tower) and Smart Air Systems (a Margate contractor also recommended by Evans). A fourth vendor declined to bid. Bid packages sent in mid-November were returned by the December 15, 2014 deadline. Kerney & Associates offered to complete the project for $294,700. The Thermal Concepts bid was $285,625 and Smart Air Systems submitted a proposal for $218,836. Upon Evans’ confirmation that services provided in the three proposals were substantially similar, the board selected the $218,836 Smart Air bid – in a heartbeat.

To provide for unanticipated construction problems, the base bid of $218,836 was padded with a standard 20% contingency cushion of $43,767, raising the project cost to $262,603. The $57,000 for prospective regulatory expenses will bring the total cooling tower assessment to $319,603.

The Total Assessment: Nosing Around the Block

Adding the $198,330 cost for the new generator to a $319,603 expense for the cooling tower yields a total assessment of $517,933 for both projects. How do these anticipated costs stack up to those of similar projects in neighboring associations? Ironically, with the exception of L’Hermitage I & II and L’Ambiance (built in 1998, 1999 and 2003) other Galt Mile associations have already replaced their original generators (most of them were swapped out prior to the Millennium).

Playa del Sol

The last association to do so (before us) – Playa del Sol – replaced its emergency generator in 2008. Absent information about their funding strategy, only vendor contracts are available for fiscal comparisons. The $149,400 Regency Tower contractor proposal is 14% less than the 2008 Playa del Sol vendor contract for $171,000 (with Fischer Electric). Factoring for inflation, the $171,000 PDS price tag in 2008 would cost $187,588 in 2014 (last year), framing the Regency Tower bid cost as almost 26% less. That said, the comparison is also skewed by Playa del Sol’s larger owner pool and differences in size and type between our natural gas generator and their diesel engine.

Galt Ocean Club President Pio Ieraci

In 2005, Hurricane Wilma eviscerated the Galt Ocean Club cooling tower (along with the entire roof), strewing sections across our balconies and parking deck. According to Galt Ocean Club President Pio Ieraci, they paid $350,000 for a replacement cooling tower. Since the $350K was a small part of a much larger assessment (that funded the roof replacement and other storm damage repairs), he was unable to identify the exact amount of the incremental contingency specifically assessed for the cooling tower. Even without the Galt Ocean Club contingency costs, the $319,603 Regency Tower levy is 11% less than Galt Ocean Club’s 2005 cooling tower outlay. With inflation, the 2005 $350,000 allocation would cost $423,210 in 2014, technically rendering the Regency Tower assessment 25% less than the Galt Ocean Club burden. Of course, factoring in Galt Ocean Club’s unknown contingency expense would appreciably increase this assessment gap.

Vacation Time – Getting Out of Dodge!

The impact of each project on those in residence was discussed during a project update at the Budget Meeting. While the generator project will only affect a few deeded parking spaces adjacent to the maintenance room, the cooling tower replacement will inconvenience everyone in residence during the project. For the week or so it takes to install the new cooling tower, central air conditioning will be unavailable. If you can be elsewhere during this project, by all means - hit the road. To help soften the discomfort for those of us fettered to in-residence responsibilities, we are currently negotiating a per diem rate for unit owners to directly rent spot coolers (portable A/C units) for their favorite rooms. This should stir memories in those who endured the riser project. Since the rental costs will be paid by each unit owner directly to the vendor, it will have no financial impact on the assessment. Thank you for your attention.

Assessment Summary

Emergency Generator Assessment

Type of Expense Costs (Sub)Totals   Accepted Bid $149,400   20% Contingency   $29,880   Subtotal – Bid Based Expenses   $179,280 Engineering     $8,500   Extended 5-Year Warranty     $1,750   Interim Generator Rental     $4,000   5-Day Firefighter “Fire Watch”     $4,800         Subtotal – Non-Bid Expenses     $19,050 Total Generator Assessment   $198,330

Cooling Tower Assessment

Type of Expense Costs (Sub)Totals   Accepted Bid $218,836   20% Contingency $43,767   Subtotal – Bid Based Expenses   $262,603 Engineering   $5,000   Rooftop Relocation $40,000   Sanitary Drain Effluent Reroute $12,000         Subtotal – Non-Bid Expenses     $57,000 Total Cooling Tower Assessment   $319,603

Total Combined Assessment

Project Assessment Cost   Emergency Generator $198,330 Cooling Tower $319,603 Total Combined Assessment $517,933

Permit costs/municipal costs or fees are not included

Estimated and/or subject to municipal requirements

Reading Online makes me Nauseous!

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Eileen Bendis

Galt Ocean Mile Neighborhood

July 10, 2014 - In her March 20, 2014 Report to members, after calling attention to the endless parade of construction projects along the Galt Mile, President Bendis exhorted “Don’t think we are invincible!” Couched in her cynical admonition of mortality was a wallet alert. While our President puts in the mind-numbing daily oversight required to balance operational needs with resources, budget-busting projects are flagged for Board review. Since the Board will not approve major expenditures without clear and convincing evidence of their necessity, these projects are pulled from the building office and independently investigated.

Three projects that are critical to our quality of life were reviewed during the spring season – the structural integrity of our balconies, the cooling tower that enables every air conditioner in the building and the back-up generator that powers critical systems during an outage. Two were approved by the Board. Since they are funded by special assessment, they will impact our family budgets. The following update will add some perspective to these planned improvements

Balcony Restoration

1998 Regency Tower Balconies with Privacy Walls

In 1998, the balconies servicing almost a dozen units were so eroded that the balcony doors had to be nailed shut to bar their use. In 1999, the Regency Tower Board planned a concrete restoration to rehabilitate balconies installed 30 years earlier and replace their deteriorating concrete walls with a rust-resistant aluminum railing. After performing a series of inspections and structural tests, the engineer drafted a specific repair plan for each balcony. Since structural repairs would require the removal of any floor coverings, some unit owners complained about losing the decorative tile on their balcony floor. At a meeting convened to address this concern, the Board provided for a conditional “opt out” for these distressed members.

Balcony with Aluminum Railing

After performing a non-invasive structural test (sonic test) on the tiled balcony floors of “opt out” applicants, if the engineer assessed the balcony floor as structurally sound, it would be exempted from planned repairs. Since the project also included replacing the crumbling concrete walls with a more resilient aluminum railing, even if the floor was shielded from demolition, any tiles near the balcony’s edge were cut away, enabling the installation of new aluminum posts along the perimeter of the balcony floor. In the following decade, virtually every other Galt Mile association followed our lead, replacing their concrete balcony walls with aluminum, and later aluminum and glass balcony railings.

Exposed Rusting Rebar

Fourteen years later, some of our balconies are again exhibiting signs of erosion. In the past two years, we discovered minor spalling (flaking or pitted concrete) on several balconies and exposed rusting rebar (steel reinforcing rods) on others. An association can fulfill its statutory responsibility to maintain the structural integrity of its balconies by repairing them one at a time or performing an all inclusive concrete rehabilitation. Since the former option is inefficient and ridiculously expensive, approaching eight to ten times the cost of a building-wide restoration project, it’s a non-starter.

Nevertheless, since a unilateral balcony restoration would still trigger a sizable assessment, commencing such a project before it was clearly necessary would violate the board’s fiduciary responsibility. Conversely, waiting until chunks of dislodged concrete begin bouncing off the parking deck is not an option. Since inexpensive cracks can quickly evolve into costly structural defects, casual delays can significantly inflate the cost of a member-funded special assessment. To determine the optimum time for a building-wide balcony restoration, the Board would first have to ascertain their average general condition.

Asked to devise a cost-effective methodology for determining their structural integrity, structural engineer John Evans of Swaysland Professional Engineering Corporation (SPEC) suggested testing a random cross-section of the association’s balconies. To err on the side of caution, he narrowed the test sample to east-facing balconies closest to the ocean, given their elevated exposure to halides, PCBs and other corrosive ocean-based pollutants. Shortly after testing the even floors in the eleven stack and the odd floors in the one stack, he submitted his findings to the Board on March 21, 2014.

SPEC Engineer John Evans

He states “To summarize the survey results, there is only minor concrete damage observed.” After reviewing specific findings for individual balconies, the engineer concludes “It would be our recommendation to wait to do repairs either until you are ready to paint the building or have accumulated funds to perform the work.” In addition to yielding certain economies of scale (labor & setup costs), integrating the two projects will eliminate certain line items that are duplicated in their respective “scopes of work” – dropping the cost – and the assessment.

For example, since a concrete restoration always leaves exterior walls heavily scarred, competing project vendors must include mitigation expenses in their sealed bids. Alternatively, a subsequent paint project will correct this damage, enabling concrete vendors to drop this cost from their bid price. Also, waterproofing the newly rehabilitated balcony floors can be less expensively incorporated into a paint project.

Spalling Balcony Floor

The good news is that there is no crushing need to dive into this project. In the five years since our building was last painted, the sole infiltration through the exterior wall was caused by a flooded hurricane shutter track and our engineer affirmed that the general condition of our balconies is good. Until the engineer pulls the trigger, the balconies will be retested on a regular basis.

If discovered early, spalling is a useful indicator. For balconies that demonstrate minor spalling, an inexpensive interim repair would slow or stop the deterioration until the restoration project provides a more permanent resolution (on one balcony, the unit owner continuously overwatered a specific planting area for years, creating a permanent pond underneath, which spalled the concrete floor).

Cooling Tower

Hallway AC-Water Heater Closets

Regency Tower Rooftop Cooling Tower

We began closely monitoring the cooling tower when a 2011 reserves study suggested that it was approaching the end of its projected useful (warrantable) life. Recently, a unit owner asked whether the cooling tower was a piece of spa equipment. It isn’t. Our air conditioners function inside “fire-safety sealed” hallway closets that are marginally ventilated by a small louver in the closet door. Technically rated as mechanical rooms (that’s why City of Fort Lauderdale Code Enforcement conducts “stings” and issues “gotcha” violations to unit owners for storing “junk” in their AC closets), as entrapped generated heat accumulates, the AC unit is increasingly forced to work harder to cool our home. If the heat isn't extracted, the unit will ultimately throw in the towel.

The rooftop cooling tower anchors a heat removal system. Excess heat is absorbed by water in the risers that pass through each AC/Water Heater closet en route to the rooftop cooling tower, where it is cooled and returned to collect more heat. Since they would burn out if forced to operate without the cooling tower, our air conditioners are always turned off before the cooling tower is closed down for repairs or maintenance, and turned on again afterwards. In short, every individual AC unit connected to our central air system is operationally dependent on the cooling tower. If the cooling tower goes - so does your air conditioning!

In response to the reserves study, SPEC Engineer John Evans recruited a mechanical engineer who specializes in HVAC (heating, ventilation and air conditioning) to evaluate the cooling tower’s condition. On December 21, 2011, they submitted a report summarizing their findings. Following a technical description of the unit’s structure, it states “Our inspection revealed very minor rusting on the framing. Some of the pipe hangers and connection bolts are severely rusted and should be replaced when the tower is replaced. Touch up painting should be applied to all rusted framing members after removing the rust.” Despite its age, the engineers concluded that there was no reason to anticipate a functionality deficit. However, they also recommended that we regularly revisit this issue. Following the most recent inspection, the engineer dropped the other shoe, asserting “It’s time to begin the replacement process.”

Emergency Generator

Regency Tower's Original Onan Emergency Generator

In early May, the vendor responsible for maintaining our back-up generator, American Generator Services, reported that the head gasket has terminally deteriorated. While still functional, it would inevitably fail in the near future. After Onan Generator underwent a 6-year acquisition by Cummins, Inc. from 1986 to 1992, it was reorganized as subsidiary Cummins Onan. Since the generator was installed by the original developer in 1969, Cummins Onan had long since stopped making parts to support this model, forcing servicers to rely on various distributor inventories for replacement parts. Not surprisingly, a comprehensive search came up empty - no replacement head gasket is available.

Called in to inspect the generator, SPEC engineer John Evens confirmed the company’s assessment and recommended that we begin the replacement process immediately, as permitting issues can substantially delay an installation. Since they installed a replacement generator for Playa del Sol in 2008, Evans also recommended that we contact Fischer Electric to inspect the generator, give us a rough estimate for comprehensive project costs and ascertain if a replacement head gasket can be fashioned in case the one on our generator prematurely gives up the ghost. On May 13, 2014, Chuck Fischer also recommended an immediate replacement, confirming that largely depleted replacement part inventories will cripple efforts to maintain the generator. Asked if a replacement head gasket could be fashioned, when Fischer called back the next day, he said that a mechanic he uses told him that he might be able to fashion a temporary head gasket if necessary.

Playa del Sol

On May 20, Fischer sent us a copy of the Playa del Sol bid documentation, and recommended that we budget an inflation premium of 20% - 25% above the $170,000 that it cost Playa del Sol for their project (which comes to roughly $213,000) – plus engineering costs. He said that it could take up to six months to complete a replacement project (he mentioned one that took a year), depending on product availability and a complex permitting process.

A few days later, Evans reported finding a company in South Carolina that would manufacture a replacement head gasket. However, since they required an unavailable “template” for duplication, he characterized this as a dead end. Observing that a system failure is most likely to occur during an actual emergency, when the generator must carry a full load for an extended period; and that building a replacement head gasket could take days - or weeks during a prolonged power outage - he strongly advised against relying on this option.

Commenting on Fischer’s budget recommendation, Evans conjectured that since our generator drives a smaller fire pump than the one used in Playa del Sol, we need only budget roughly $170,000 instead of $213,000, plus $10,000 in engineering costs. To emphasize the importance of acting expeditiously, on June 13, Jim Oberlander from maintenance vendor American Generator Services warned that if the generator fails, Regency Tower will have to “roll in a portable generator, and that will get very costly.” He added that replacing the generator could take six months.

In addition to critical fire safety systems, the backup generator powers hallway lighting and an elevator. A few years ago, we added the garage door, given the importance of enabling unit owners who so choose to depart Regency Tower if the power fails. If the backup generator fails during such an emergency, vehicles parked in the garage will become useless and elderly residents unable to navigate the stairs could be stranded on the upper floors - posing a threat to their safety - and possibly their lives. Since this is unacceptable, the Board agreed to approve its replacement ASAP.

Going Forward...

With minor variations, after each project is configured and packaged by the appropriate Mechanical, Structural and/or Electrical Engineer, reputable contractors will be invited to submit sealed bids for the job. Based on the Engineer’s input, an “apples to apples” comparison of the submitted bids and a review of each competing vendor’s “track record,” the Board will select the winning bidder.

Additional info will be made available as the planned replacement projects for the generator and cooling tower go forward. As future balcony tests are performed and evaluated, those results will also be posted. Projects for which reserves haven't been established – or are insufficiently (partially) funded – are subject to special assessment. Since these unavoidable expenses affect our family budgets, the Board will keep you informed about their impending implementation. Thank you for your attention to these issues, given their significant impact on our continued safety and quality of life!

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Roofless Ocean Manor after Hurricane Wilma

2001 Regency Tower Roof Installation

August 26, 2013 - In 2001, on discovering defects in the roof installed two years earlier, we invoked our warranty rights to have manufacturer Allied Signal-Honeywell address an inordinate number of membrane blisters. Following six months of negotiations, the manufacturer agreed to replace the roof and retained Campany Roofing to install an upgraded variation of Honeywell’s Millennium Roofing System at no cost to the association. When the 2004 and 2005 serial hurricanes stripped the roofs off many Galt Mile associations – including next door neighbors Playa del Mar and Galt Ocean Club – we sustained negligible roof damage, as several removable vent turbines were blown into the Atlantic.

Rooftop Maintenance Room and Stairwell Roofs

The one and a half inches of insulation that lines our concrete roof deck cuts our electric bills in half. A 3/4 inch ply of Perlite and a 3/4 inch ply of wood fiberboard is staggered, fused and set in asphalt. These insulation layers are covered by a base sheet in asphalt. Above this is a layer of “Millennium smooth” and replacing the loose gravel that covers most roofs is a cap sheet called Millennium GMC (Granular Membrane Cap Sheet). The system protects four roofs in Regency Tower; the main roof, the roof covering our porte-cochère front entrance, the roof over the rooftop stairwell and the roof above the 21^st floor maintenance room that houses the governors and computers which control our elevators.

Fish Mouth Crack

Porte-Cochère Roof

Although the roof is warrantied against manufacturer defects for 20 years, the warranty is contingent on strict adherence to a maintenance schedule defined by the manufacturer. Every year, air blisters must be vented and water blisters drained before being torched and resealed. “Fishmouth” holes and punctures must be patched; scrapes and chemical burns must be repaired. Since the number of these vulnerabilities increases annually as the roof ages, so does the cost of yearly maintenance. Additionally, elements installed to protect the roof and extend its useful life are not covered by a warranty.

Engineer Stan Swaysland

Water Blister

Earlier this year, the roof maintenance company contracted by our former manager submitted an annual repair proposal for $17,299. Suspicious omissions in their maintenance plan prompted us to have the roof inspected by an engineering specialist. After examining the roof, SPEC engineer Stan Swaysland reported potential structural failures that if not addressed, could result in debonding and infiltration. Although they planned to repair blisters on the field membrane, the maintenance company ignored advanced deterioration in upper layers of the roof over the stairwell, open laps in the base flashing that seals the roof perimeter and they never even looked at the roof on the porte-cochère.

On Swaysland’s recommendation, we contacted Honeywell to confirm the terms of our warranty. We also contacted original contractor Campany Roofing to perform an independent assessment, and apply line item pricing to prospective repairs. While successfully working together on our roof, Campany earned substantial credibility with Honeywell. Concerned about whether neglect by the roof maintenance vendor might have compromised our warranty, we asked Campany to solicit a clear set of compliance standards from Honeywell. After running interference on our behalf, Campany issued a proposal that addressed all of the threats listed in Swaysland’s report and satisfied Honeywell’s warranty prerequisites.

Membrane Capped by Copper Flashing

To minimize vulnerability of a roofing system, layered membrane sections are staggered to overlap otherwise unprotected seams. To avoid an exposed seam anywhere along the perimeter wall, layers of membrane continue several inches up the wall and are capped by copper flashing and heavily caulked. Wherever that flashing deteriorates, the caulking cracks, allowing water that drips down the inner perimeter wall to penetrate the exposed layers of membrane. As the protective flashing oxidizes or otherwise erodes, the number of open laps that must be repaired increases annually. After more than a decade of oceanfront exposure and damage from swing stages repeatedly suspended from the perimeter wall, certain sections of the copper flashing have sustained so much abuse that replacing them would be less costly than applying temporary patches that degrade over a year. Since the flashing is required by Honeywell to protect its system, failing to do so would void the warranty.

Damage from Swing Stages

Swing Stage

Should the roof over the stairwell fail, the resulting infiltration could undermine the integrity of the supporting structure. If neglected, not only would the roof have to be replaced, but elements of the underlying structure as well. After a cursory inspection, Honeywell would accurately blame the failure on improper maintenance and again – void the warranty.

Damage in the Corners

In short, performing only the bare-bones repairs prescribed by our maintenance vendor risks multiple infiltrations along the entire roof perimeter (especially in the corners), failure of the roof over the stairwell, deepening damage to other “hot spots” identified by our engineer and the loss of our warranty. This is not an acceptable option.

Based on vendor pricing received to date, for an additional $15,000 to $18,000, we can insure that our eleven-year old roof remains in optimum condition. In addition to effecting field repairs on all four roofs, we can replace damaged sections of copper flashing, recaulk sections that remain intact and permanently fix the stairwell roof. Upon completing vendor negotiations that are currently underway, the final cost of repairs approved by Honeywell – as well as a repair timetable – will be announced.

Going forward, although annual blistering must still be monitored and controlled, the reduced number of open laps in the base flashing will significantly lower maintenance costs over the next ten years. Also, we will no longer have to worry about the stairwell roof collapsing or continued eligibility for warranty protection. I agree with our engineer. Given the substantial structural and financial consequences of neglecting these problems, this intervention is a no-brainer. Thank you for your kind attention.

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& Regency Tower

Equipment Upgrade Event

April 7, 2013 - On Thursday, March 21, 2013, Comcast kicked off a Regency Tower equipment upgrade event at 3 PM in the Rendezvous Room. Prior to the expiration of Regency Tower’s bulk service contract with Comcast, association officials negotiated a new agreement with the Cable giant. The new pact provides Regency Tower members with additional services at no additional cost.

FRONT - Comcast Digital Transport Adapter (DTA) - REAR

Under the previous Comcast contract, unit owners were entitled to a basic cable channel lineup, a house channel, 2 HBO channels and up to three Digital Transport Adapters (DTAs) – small cable boxes that decipher the Comcast signal carrying only basic channels. Any additional equipment or services were charged by Comcast directly to the unit owner.

Responding to changes in the 2005 cable law, premium content providers (like HBO) refused to allow Comcast to transmit their signal to televisions connected to cable boxes that don’t feature parental controls - like the Digital Adaptors (DTAs) affixed to many televisions in Regency Tower.

Digital Set-Top Box (Black or Silver)

To offset the loss of the two HBO channels on Regency Tower televisions attached to DTAs, we negotiated an agreement that provides each unit owner with an upgraded “Digital Starter” plan that offers an expanded channel lineup, all 8 HBO channels, the house channel, hundreds of free movies, and the full range of ON Demand services - without a cost increase. However, to receive these premium services, each Regency Tower unit owner would need at least one interactive digital set-top box.

About half of Comcast’s Regency Tower customers had previously purchased additional television services (High Definition television, DVR recording capability, an expanded digital channel lineup, etc.) that automatically provided them with a digital set-top box. Others rent an additional digital set-top box to access these services on their other televisions or simply take advantage of its expanded digital capabilities.

Since these Regency Tower unit owners were already capable of accessing the new features made available in the contract, their participation in the event was not required. Instead, owners who rent a digital set-top box or received one when they purchased the Digital Starter package would have their accounts adjusted, thereby removing the accompanying charges from future monthly Comcast statements. Of course, they would still be responsible for any additional services or equipment not included in the new Regency Tower contract.

Ordinarily, Comcast charges $30 for visiting a unit to install upgraded equipment – as well as a $15 activation fee. They agreed to waive those costs for any installations performed during the March 21, 2013 event organized for that purpose.

Two days before the event, Comcast sent us a “client list” indicating who among their Regency Tower customers needed equipment upgrades. They also sent scores of cardboard “door-hangers” to help inform those owners how they would benefit from attending the event. Earlier, Comcast sent mailings to every Regency Tower customer to explain the new services and the prospective necessity to upgrade their equipment. Additionally, Notices announcing the March 21 event and detailing its objectives were distributed by the association and placed on the mail room bulletin board, the garage elevator lobby bulletin board, the free-standing notice board near the lobby elevators and posted on the association website.

Arriving two hours before the event, Comcast administrative personnel and cable technicians built a wireless local network connecting the Rendezvous Room to the Comcast customer database as board members and employees reconfigured the room to accommodate participating residents. Beginning at 3 PM, entering owners would register at one of three open chairs across from a Comcast customer service specialist. Within 30 seconds, owners were either informed that they already had the required equipment (and that their accounts would be adjusted) or asked to go to their units and await a technician who would install a digital set-top box on the television of their choice.

Eileen Bendis

Of the three dozen chairs prepared for owners, rarely were more than three or four occupied at any time throughout the event. In addition to upgrading equipment in scores of units, the Comcast personnel answered hundreds of questions about individual accounts, new services, technical concerns and channel lineups. True to their promise, they remained until every participant was upgraded, including dozens of out-of-residence owners and/or their tenants, finally leaving at 10 PM.

Eric Berkowitz

Unfortunately, 10 owners neither responded to nor attended the event. Despite their absence, Regency Tower officials requested that they be afforded one final opportunity to install the equipment at no cost. A cooperative Comcast official scheduled the additional installations 9 days later. On March 30^th, President Eileen Bendis and Vice President Eric Berkowitz accompanied four different technicians to nine of the ten “no show” units. A final installation was scheduled for April 3, enabling every Regency Tower resident to access the new service upgrades.

Despite being told to contact Comcast when faced with a television problem, in the subsequent weeks, almost a dozen perplexed unit owners called the office and/or board members with inquiries and/or complaints about the new equipment. A half dozen residents who couldn’t find HBO were informed that all 8 HBO channels were now available on channels 301 through 311 (along with a Spanish language HBO channel on channel 312). Problems also disappeared when confused owners were shown how to use their unfamiliar new remote controls. Of the four remaining issues that couldn’t be addressed with friendly advice, one enterprising owner resolved his problem by picking up a longer cable from Comcast, while three others called Comcast and scheduled a service appointment.

Account Executive Miriam Decker

In comparison with the Comcast “catch as catch can” DTA installation event on April 20, 2011, this was a vast improvement. The Comcast personnel managing the event were better organized and far more knowledgeable about technical and billing issues. Commercial development specialists Catherine Vargas and Andres George assisted residents with a wide range of issues, including account snafus, packaging services and using the new equipment. Account executive Miriam Decker assured residents that Comcast is working hard to reverse its abysmal customer service reputation.

Believing that this corporate glutton has experienced some ethical catharsis would be patently naïve. However, for the first time in decades, Comcast is also cooperating with the neighborhood association, having finally acknowledged that while many problems are specific to the cable infrastructure within a unit or an individual building, others that afflict the entire neighborhood will be more effectively addressed by community collaboration.

To that end, on April 1, 2013, Comcast officials met with the Galt Mile Presidents Council. Following a presentation and a Q & A, they agreed to participate in a neighborhood forum to discuss servicing issues, community-wide bulk pricing, discounted additional services and improved communication. Since they are also the only game in town for bulk service television customers on Galt Ocean Drive, we have nothing to lose by collectively tackling these issues. As always, whether or not this new understanding bears fruit will come out in the wash.

Please Note: Many residents have expressed confusion about Xfinity, asking why they are receiving information about the services offered by this “mysterious” company. Xfinity is a “high-tech” brand name conceived by Comcast's Marketing Division to help sell their products and services, similar to AT&T branding their bundled services as “Uverse”. Xfinity and Uverse are not new companies, but competitive advertizing gizmos dreamed up by Comcast and AT&T. In short - Xfinity is Comcast!

Links to Helpful Info

• General Info

  • Click here for info about Digital Adaptors (DTAs)

  • Click here for info about Digital Set-Top Boxes (Digital Converters)

  • Click here for Differences between Digital Adaptors and Digital Set-Top Boxes

  • Click here for info about Digital Starter

  • Click here for Cable Box User Manuals and Installation Guides

  • Click here for info about Remote Controls

  • Click here for Digital Adaptor (DTA) Setup Guide

  • Click here for how to Program or Use your DTA Remote

  • Click here for how to Program or Use your Digital Set-Top Box Remote

• Regency Tower Contract Package Info

  • Click here for 100-station DTA channel lineup

  • Click here for 120-station Digital Starter channel lineup

  • Click here for 8 HBO channels

  • Click here HBO On Demand (scores of high-end movies)

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VS. Cable Committee

November 2, 2012 - Prior to opening renewal negotiations with Comcast (and one year after the U.S. Department of Justice and the FCC approved Comcast acquiring 51% of NBCUniversal from General Electric), the Regency Tower Cable Committee (Eric Berkowitz, Robert Nagle and Howard Hirschman) encountered a familiar obstacle. They learned that alternative bulk television service providers DirecTV and Dish Network were still using a contractual format that requires executing an additional (second) agreement with one of several broadcaster-authorized local vendors to perform maintenance services. These small “Information Technology” companies surreptitiously cycle in and out of business, often resurfacing as some new enterprise that carries no liability for agreements executed under their previous incarnation. Given the decidedly unstable nature of this business model, the Committee rejected this option.

Coral Ridge Towers

We also looked into AT&T’s “U-verse” brand, which claims to offer comparable services at competitive prices. Unfortunately, while U-verse currently provides internet services to Galt Mile consumers, they are not yet equipped to offer bulk television services. When told that we were aware of an AT&T contract with Coral Ridge Towers for bulk television services, a representative from their commercial development division confided that AT&T expansion plans have less to do with proximity than the costs of mitigating structural and political obstacles. Since the representative was unable to confirm when their service would be available at our location, AT&T’s U-verse is currently not an option.

During preliminary discussions with Comcast in April, 2012, Account Executive Miriam Decker described a critical change in Comcast’s bulk television services. In the two years after the “Digital Transition and Public Safety Act of 2005” forced broadcasters to transition from analog to digital transmissions on June 12, 2009, cable providers like Comcast distributed and installed no-frills Digital Transport Adapters (DTAs), small cable boxes that enable customers to receive the digital signals carrying basic cable content. Since every analog channel reclaimed by federal law unshackled enough bandwidth for 3 new High Definition digital channels, or 15 new standard digital channels, the telecommunications law squeezed out enough virgin wavelength for federal bureaucrats to hold a multi-$billion bandwidth auction.

FRONT - Comcast Digital Transport Adapter (DTA) - REAR

Although the public legally owns the airwaves, elected officials who appointed themselves to manage “our asset” traded bandwidth for campaign contributions, no-show jobs for otherwise unemployable friends and relatives or condos in Palm Beach or Lake Tahoe. Scammed by broadcasters engaged in collusive bidding, the auction only brought in $19.592 billion for more than $50 billion in bandwidth. Of that, only $7.3 billion was transferred to the general fund of the Treasury (i.e. to the public). While the adapters (DTAs) were ostensibly designed to interpret basic digital signals, each cable or satellite company further tweaked its DTAs to only decipher their unique proprietary signal. After digitally “customizing” their DTAs, each company forced its customers to install them on any television not already affixed to one of its more expensive interactive digital cable boxes.

Digital Set-Top Box (Black or Silver)

Since the technologically simplistic devices were built for the sole purpose of carrying signal for basic cable channels, transmissions for premium services and/or an in-house channel could only be accessed by one of several more advanced digital set–top boxes or by inserting specialized adapters into the local system’s control panel. These “inserts” currently enable bulk service customers – like us – to watch HBO, Showtime, Starz, The Movie Channel, Cinemax, our in-house channel and other premium offerings on televisions fitted with DTAs. This is coming to an end.

Comcast Cuts Premium Channels from DTAs

The same legislation that enabled the federal government to dole out our bandwidth “on the cheap” also mandated “enhancements” to broadcasting consistency and consumer content control. Since the rudimentary DTAs are not equipped with programmable parental controls, premium content providers (i.e. HBO, Showtime, Cinemax, Starz, The Movie Channel, etc.) have prohibited Comcast from transmitting their signal to televisions fitted to DTAs. As a result, whenever a Comcast bulk services contract comes up for renewal, the “inserts” providing certain premium services to the DTAs must be removed from the main panel. While the inserts that provide access to in-house channels will remain intact as well as the full array of basic cable channels, bulk service customers that contract for limited premium services, such as Regency Tower’s two HBO channels, will no longer be able to receive them on televisions connected to DTAs. The only exceptions to this policy are contracts that are renewed by exercising an automatic renewal clause, since they legally preclude alteration by either party.

As compensation, instead of a basic cable plan accessed by up to 3 free DTAs, Comcast agreed to provide Regency Tower members with up to 2 DTAs and a “Digital Starter” plan accessed by a digital set-top box. To offset the loss of two HBO channels on a DTA-affixed set, a television connected by a digital set-top box will receive all 8 HBO channels; hundreds of free movies, a substantially expanded “Digital Starter” channel lineup and the full complement of interactive On Demand services. Regency Tower owners who currently pay for Digital Starter or rent a digital set-top box to access premium services will no longer have to pay the monthly rental charge for one of these devices. However, the monthly costs for unit owners who subscribe to additional premium services or rent additional boxes will be unaffected by this agreement. Conversely, owners who have heretofore chosen to forgo paying for the additional features delivered by a digital set-top box will receive them at no additional cost.

Since our last negotiation with Comcast (also branded as Xfinity to bury a burdensome nationwide reputation for historically pathetic customer service), we learned that the broadcaster began offering associations financial incentives for initiating or renewing a bulk services contract. While investigating these “signing bonuses,” we learned that several cable consulting companies carved out a niche market for themselves by representing associations in their negotiations with cable and satellite providers for these incentives. A majority of the agreements they negotiated for client associations featured checks written by the broadcaster to the associations for signing new or renewed agreements. For their services, the consultants would be paid an amount based on the financial benefits exacted from the provider.

CSI CEO Jim Adams

Ten months ago, Regency Tower Board members met with representatives from Converged Services, Inc. (CSI), one of the largest cable consulting companies in the country. Company CEO Jim Adams explained that their intimate knowledge of Comcast’s business model and those of other cable and satellite companies provided them with unique negotiating advantages. They offered to negotiate on our behalf in exchange for one third of whatever financial considerations they elicited from Comcast.

Committee member Bob Nagle

In meeting with several associations that contracted these “consulting” services, for each one that seemed satisfied, there was another that regretted not negotiating directly with Comcast. In a subsequent June 2012 meeting with Maggie Hutter, Comcast’s Broward County Manager of Commercial Development, and account executive Decker, Cable Committee members were assured that we would be accorded equal standing by negotiating for ourselves. Hutter pointed out that these signing incentives were applicable to long-term contracts, generally for 10 years.

Committee member Howard Hirschman

The Cable Committee unanimously agreed that unit owners would realize a greater benefit if Comcast would allow us to apply these incentives towards lowering their rates instead of snagging an “up front” payment to the association. We also agreed that committing to a ten-year contract would deprive the association of benefitting from market competition and fast-changing technology. After negotiating a reasonable financial “incentive” ($61,547.12), Hutter and Decker refused to apply the entire amount against the cost of the contract. After some discussion, they eventually allowed us to use the bulk of this consideration to abate contract rates. Of the $61,547.12 that Comcast agreed to pay to the association for signing a new agreement, a maximum of $52,119.12 would be distributed equally among unit owner accounts during the first two years of the contract. The cash balance of $9,338 would be paid by check to the association.

Board VP Eric Berkowitz

When the committee framed the 10-year term as a deal breaker, Comcast relented. Lowering their “10-year term” incentive requirement to seven years allowed the association to receive the same financial considerations for a shorter 7 year contract. In the next few weeks, the committee also decided against agreeing to a 7-year pact. Comcast finally conceded to a 5-year contract if we would relinquish our “signing bonus”. During a subsequent series of heated telephone conferences, they agreed to fully incentivize the abbreviated 5-year term, adding back the “up front” cash.

Board President Eileen Bendis

A few months later, the committee took another run at Comcast. With Bob Nagle tied up with family business, Board President Eileen Bendis joined Hirschman and Berkowitz in this final round of negotiations. After pricing several bulk service alternatives with Hutter and Decker, the committee presented the Board with two new options. Board members spent the next few weeks deciding between a more lavish package with a larger price tag (for an additional cable box) and the previously negotiated low-cost package sweetened by an increased signing incentive.

Comcast Manager Maggie Hutter

Known as an access fee or right-of-entry (ROE) fee, the cash disbursement is compensation for access rights provided to Comcast by the association. While the FCC prohibits cable companies from requiring exclusive ROE agreements with multi-dwelling unit (MDU) properties (Report and Order and Further Notice of Proposed Rulemaking, MB Docket No. 07-51 (rel. Nov. 13, 2007, the “Exclusivity Order”)), associations can negotiate de facto agreements that recognize the value of access to their properties. Regency Tower provides Comcast with space, security and power for its equipment in our meter room, stack boxes on our roof and cable wiring on association property. We provide their technicians with ROE to service this equipment. It also allows Comcast to explain and implement mass onsite service upgrades. To comply with the FCC Exclusivity Order yet still reflect contract value, fees paid (to the association) to access wiring or equipment and bypass marketing obstacles can be based on the anticipated monthly or quarterly revenue paid by the association or the number of units covered by the agreement (prompting its informal designation as a “door fee”).

Comcast calculated the $9338 payment included in their second proposal by applying a per unit fee of $46 to Regency Tower’s 203 units. Both options raised at the final meeting involved a change to that access fee. Comcast insisted that the association help subsidize the more expensive enhanced package by hiking the cost to every unit owner and lowering the incentive payment to $7308. If we accepted the package outlined at the previous session, Comcast would increase the access fee multiplier to $60 per unit, or $12,180. Board members agreed that their primary responsibility was to keep the cost as low as possible, and allow unit owners who want to supplement the basic package to pay for any specific enhancements they may select. By a unanimous vote, the Board opted for the less expensive package.

Two factors primarily affect the affordability of any utility service, the current charges for the service and the rate at which those charges can be increased. In the existing contract, basic costs escalate annually by 6%. In the proposed contract, the committee negotiated a decrease in the annual escalator to 5%.

Comparative Savings Summary

Since the annual contract costs are all based on the prior year’s rates, lowering the rate in any given year will proportionally lower the charges in every subsequent year of the contract. The bulk of our financial consideration was not simply applied against future charges, but to reduce those rates. As such, the rate we are currently paying will be frozen and applied to the first two years of the contract. The $32.21 monthly charge (excluding taxes and fees) currently billed to each unit owner (totaling $6538.63/month paid to Comcast by the association) for the cable assessment will remain unchanged until the third year of the contract, at which point the annual 5% escalator will be applied.

The “Comparative Savings Summary” depicted in the adjacent table demonstrates the annual savings derived of freezing the current rate and extending it through the first two years of a five-year Comcast contract while reducing the annual escalator from 6% to 5% (the proposed annual 5% escalator will not be applied until the third year of the contract). Subtracting the monthly amount payable each year WITH the 2-year rate freeze and reduced escalator (proposed) from the monthly amount payable WITHOUT the 2-year freeze and the reduced escalator (current) yields the monthly savings throughout that year. The annualized savings is calculated by multiplying the monthly savings by 12. Taxes and fees are excluded.

Total Savings Summary

There were discussions about whether the association benefitted from the decision to negotiate directly with Comcast. In the adjacent table, the Association’s accrued annual savings are subtotaled and added to an upfront cash payment of $12,180 ($60/unit), yielding a gross savings of $64,299.12. CSI (and other cable consulting companies) were willing to negotiate with Comcast on behalf of Regency Tower in consideration for one third of the negotiated savings. During their presentation to the board, CSI disclosed information about a contract they negotiated on behalf of another Galt Mile association of comparable size and for a similar package of services. Having solicited a $24,000 payment by Comcast to the association to be paid when the contract was executed, after CSI subtracted their $8000 fee, the association netted $16,000. To compare the financial results of negotiating the contract in-house versus vesting CSI with that responsibility, we must calculate the amount that CSI would have to elicit from Comcast to yield $64,299.12 after extracting one third of the negotiated savings. As such: $64,299.12 ÷ .6666666 = $96,448.68. In short, this package is equivalent to a CSI negotiated pact that included a check for $96,448.68.

After having received a pre-vetted contract reflecting the negotiated terms in mid-October, it was forwarded to association attorney Michael Bender’s office, where associate Andrew Black worked with Decker, Hutter and Comcast attorneys to hammer out a final product.

In summary, the 5-year basic package features cable boxes for 3 televisions in each unit, including a minimum of 2 DTAs and one digital set-top box. The association will be given 5 complimentary video outlets (2 in the Gym, 1 in the Game Room and 2 in the Office, 2 complimentary internet outlets (Office, Receiving Room) and 1 in-house channel. Every unit owner will receive On Demand Services (hundreds of free movies, television series, specials, etc.), 100-station DTA channel lineup, 120-station Digital Starter channel lineup, 8 HBO channels and HBO On Demand (scores of high-end movies).

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South on Galt Ocean Drive & A1A in 1967

Disassembling Old Garage Fan

August 16, 2012 - In 1969, a cash-hungry development company sought to quickly turn 3 beachfront properties into liquid assets. Having committed enormous resources to absorb developer Coral Ridge Properties, whose assets included land along the Galt Mile beach, Westinghouse craved a cash infusion. Hoping to quickly exploit a hot condo market, the company decided to build three new condominiums without paying three Architects. Using a cookie-cutter set of plans drafted by Architect Richard C. Reilly for Coral Ridge Properties, Westinghouse applied for permits to build The Regency Tower, Regency South and The Ocean Riviera. While minor design changes implemented during the building phase distinguish the 3 Galt Mile sisters, they hang on nearly identical structural skeletons, their kitchens were fitted with the same Westinghouse appliances and air was circulated through each sub-surface garage by the same monster fan.

42 years later, the fan that pulled air through the Regency Tower garage since 1969 gave up the ghost. Following an in-depth investigation of replacement alternatives, the Board voted to replace the rusting hulk in the southeast corner of the garage with the TCTA “Tubeaxial Fan” manufactured by Twin City Fan & Blower. A cast aluminum alloy wheel that turns 60-inch fan blades sits in a one-piece heavy gauge hot-rolled steel housing. Installed by bid-winner Custom Air Designs under the supervision of Structural Engineer John Evans from Swaysland Professional Engineering Consultants (SPEC), the new monster will manage our below grade ventilation for the next 40 years.

HVAC Guru Sam Block

A month after an order was placed for the fan; Twin City shipped the manufactured-to-order device to Custom Air Designs in Pompano Beach in early August. Proprietor Sam Block supervised the construction of a custom made stand (to permanently suspend the fan over the garage floor), a plenum and the connective elements required for a seamless installation. During the last two weeks in July, the Custom Air crew demolished and dumped the old fan before Maintenance Chief Tom Downey and new maintenance staffer Nelson Calvo cleaned and prepped the installation site.

Fan Unloaded in Lower Driveway

At an August 10, 2012 project meeting, Block described the actual installation process planned for the following week. The one-ton fan and the heavy duty stand would be lifted by crane and delivered to Regency Tower. Using a specialized dolly, the fan would be manually rolled to the installation site in the southeast corner of the garage. The pre-constructed stand and prefabricated attachments would follow suit.

Fan Rolled into Garage

On Monday, August 13^th, the key elements were transported to the install site by 10 AM. Block’s crew began slapping the precision pieces together as if they were Lego blocks. A custom tailored plenum was inserted into a vent hole in the garage ceiling that aligns with the above patio deck vent housing. A prefabricated isolation-vibration collar was attached to the lower part of the plenum. After cutting a 5-foot diameter hole into an aluminum end cap, it was affixed to the top of the fan. The fan assembly was then manually rolled under the plenum, where the end cap was also attached to the isolation-vibration collar. Once connected to a dedicated electrical transformer, Block ran some tests on the new fan. While operating the 44,000 CFM monster, he checked fan rotation and recorded the amperage draw. After verifying the fan’s performance stats, the crew fitted rubber pads to the stand’s feet before bolting them to the garage floor. By 11 AM, the installation was finished.

Maneuvering Fan Towards Southeast Corner

At 2:30 PM, Board President Eileen Bendis, Vice President Eric Berkowitz and Manager Dwight Lyons accompanied Engineer John Evans as he inspected the new fan. After closely scrutinizing the newly installed assembly in the garage, he ascended to the patio deck to check the outlet site. Standing adjacent to the vent housing, the new fan was observably more effective, although slightly less noisy, than its predecessor. By 3:00 PM, Evans gave the install a clean bill of health and recommended that the contractor schedule the required City inspection.

Block's Crew Slides Fan into Place

Shortly after 11 AM on Wednesday, August 15, 2012, Mechanical Inspector Tony Sadolf from Fort Lauderdale’s Building Services put the fan through its paces. By 11:30, the installation was approved by Sadolf, closing out the active permit. Upon dropping off the association copy of his inspection report in the office, Sadolf remarked “That’s a very clean installation; you’re good to go.” On departing, when Sadolf mentioned having just violated illegal construction by unit owners in a neighboring building, we assured him that rigorous enforcement of ARC regulations shields Regency Tower members from similar violations.

Honeywell CO Sensor

Early in the review process, we considered attaching the fan to roughly a dozen Carbon Monoxide (CO) detectors prospectively installed throughout the garage. The fan would automatically be turned on and off in response to the changing gas levels. The savings in electricity would be substantial. Unfortunately, code compliance officials in Fort Lauderdale stubbornly refused to grant a variance to the existing code requirement that the fan blast away at all times, even when no gas was detected.

Intel Co-Founder Gordon E. Moore

Since local building codes tend to lapse behind advancing technology by 5 to 8 years, we will closely monitor the evolution of this option. When permitted, we will review the estimated costs of purchasing a variable frequency drive, 10 to 12 CO sensors, hundreds of feet of connective wiring, a control panel and the attendant labor costs. If the projected savings in electricity offsets the expense within roughly 4 years, the detection system will be installed.

Moore’s Law (named for legendary Intel co-founder Gordon E. Moore) states that a technological component shrinks to one half its current size every eighteen to twenty four months (it actually states that the number of transistors that fit on a chip – an integrated circuit – will double approximately every two years – same difference). When this occurs, the cost of the previous generation’s components drops precipitously. At some point, the detection system will pass fiscal muster and become a no-brainer. As such, the question is not “if” we will install a control system, but “when.”

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The Soggy Saga of Regency Tower Pool Reopened in Record Time

Regency Tower Pool Closed & Reopened!

July 27, 2012 - Since mid-2011, water has become a major player in many of our home’s construction dilemmas. Amid the hot and humid doldrums of late July, another chapter in this this soggy saga temporarily washed out access to our swimming pool. Fortunately, a team effort by the administration, maintenance staffers and a cooperative vendor quashed this quandary before most of us even knew of its existence. Our weekend pool enthusiasts didn’t miss a beat.

Rooftop Cooling Tower Passes Muster

A series of multi-story floods that tore through Regency Tower last year served as a wake-up call. With many of the association’s aging plumbing and drainage components approaching the end of their useful lives, aggressively managing this deterioration became an administration priority.

Flood Buster

To help soften the consequences of expiring operational infrastructure, we asked our structural engineer to inspect critical plumbing, drainage and HVAC (heating, ventilation, and air conditioning) elements and help devise a plan to either avoid or mitigate the effects of flooding.

While the engineer mechanically (and financially) reprieved the rooftop cooling tower for another year and the building’s main drainage elements in the garage and lower driveway are already scheduled to undergo rehabilitative maintenance by Jaffer Wells this summer, the board also approved the installation of inexpensive flood monitoring devices at the base of every unit’s A/C & water heater closet, where many of our most recent floods began. The high-pitched alert will help prevent otherwise undetectable leaks from inundating the entire stack below – before spreading to adjacent units (...if you hear this, call security – DO NOT TOUCH!).

Jaffer Cleans System

To effectively prevent water from collecting in the garage, in addition to purging the association’s lower driveway gravity well, trench drain and catch basins, 80% of the main drainage line under the north parking deck will be replaced. When all the association decks were waterproofed and resurfaced in 2003, drainage lines spanning the length of the garage beneath newly installed floor drains along the north and south parking decks were severely eroded. Since special assessments levied for the Deck Project were insufficient to additionally fund drainage upgrades, we traded off our general contractor’s (SPS – Structural Preservation Systems) contractual responsibility to remove a layer of polyurethane coated Chattahoochee from the pool deck in return for pouring a new concrete floor where the billiard room was later built and a new 160-foot cast iron drainage line across the south side of the garage (which was in much worse shape than its northern counterpart).

North Garage Drain Line

The drainage lines on both sides of the garage penetrate its eastern wall, ultimately feeding our unwanted effluent into the catch basins at the base of the north and south parking ramps. Although inexpensive temporary patches to the northern drainage line in 2003 and replacement of irreparable sections since then extended its lifespan by almost a decade, its rapidly accelerating deterioration over the past year is evidenced by the rusty water that leaks onto vehicles parked below newly discovered cracks in the pipe. Instead of playing construction Whac-A-Mole with a dozen defective small spans of pipe as they succumb to age, our plan to unilaterally replace whatever remains of the original 1969 drainage line with new PVC or cast iron conduit is structurally preferable and far less expensive. Segue to our most recent run-in with our watery nemesis.

Knox Tech in Trench by H2O Fountain

Stress Crack in Return Line

Since the City’s skewed billing formula for water usage (and sewerage) unfairly discriminates against homeowners in condo and cooperative associations as opposed to those living in single family homes, Manager Dwight Lyons and Treasurer Cathie Lenz closely monitor our monthly water bills. When Lyons received the June and July City invoices, he noticed that they didn’t reflect an expected seasonal drop in utilization. Although a cursory hunt for some suspected leak turned up nothing, maintenance reported that the swimming pool was experiencing inexplicable evaporation rates. For several consecutive mornings, instead of replacing an inch or so of water ordinarily absorbed into the atmosphere, daily losses were closer to six and seven inches. On Monday, July 23^rd, a closer inspection of the pump room exterior wall revealed the lost water’s destination. After digging a four foot trench to locate the exact source of the damage, Tommy and Nesly found a cracked return pipe fed by the main drain that was disgorging its content into the surrounding landscaping.

Bill Knox

Lyons made an emergency call to Knox Pools, the vendor whose competitive bid won the contract to install our new heat pumps in January. Within a few hours, the Knox technician opened the pump room wall and determined that settling by the adjacent ground created a fatal stress fracture and severed the pipe. As an added benefit, opening the wall provided us with an opportunity to evaluate all the lines carrying water between the pump room and the swimming pool. After quick consults with our structural engineer and pool service proprietor Bill Knox, we issued the green light to replace 5 PVC pipes peppered with stress cracks, some of which were actively leaking. Instead of recreating the vulnerable configuration that contributed to the damage, the battery of new pipes was sheathed together in a sleeve on either side of the wall, thereby providing the additional stability required to withstand any future shifting by the pool deck.

Nesly Exposed the Damaged Pipe

Maintenance Chief Tom Downey

Although our maintenance staff is fully credentialed by the State of Florida to chemically balance the pool, we asked Knox to integrate shock procedures into the repair schedule to expedite the pool’s return to service. While the two-man repair job was initially projected to take a week to ten days, assistance provided by our maintenance staffers cut the repair schedule in half. Specifically, support work performed by Nesly enabled the pool technicians to fully focus on the structural repairs, while Tommy performed a variety of testing procedures and “follow up” tasks after the technicians left each day. Between them, three days were shaved from the pool’s down time. By late Friday afternoon - four days after the problem was first discovered - the techs were sealing the newly closed wall with hydro-cement. Prepared notices announcing that the repairs would be completed next week were tossed; the pool was up and running by Saturday.

Marc Prudent and Rocky Edouard

On Friday afternoon, an incredulous Lyons sent the following email update to board members: “Considering the pool went down Monday and for it to be potentially ready on Saturday or no later than Sunday (subject to unforeseen issues) is amazing and is a credit to the team effort with staff and Knox Pools.” Since Regency Tower has one of the most dedicated and talented maintenance crews in Broward County, we weren’t politely diverted to the pool facilities at Playa del Mar or Galt Ocean Club through the first week of August. Neither will we have to pay the additional $thousands that they helped knock off future water bills. Clearly, we owe our guys a debt of gratitude. When you next run into Tommy, Nesly, Rocky or Marc, a smile and a “Thanks!” is in order.

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The Regency Tower 8-Year Garage Flood 5th Wettest Month in Fort Lauderdale History

Garage Flood at 31 St. on 10/31/2011

April 18, 2012 - Several months ago, when flooding along the descending ramps on the west side of the garage rose to levels that penetrated some vehicles, I asked Security to contact me if they witnessed a recurrence. Rain had fallen daily for almost a month. About a week later, I was notified at 10 PM that large puddles spanned the North and South drive lanes in the garage. When I arrived there about 5 minutes later, the puddles were gone. Security personnel were unsure about how the water entered the garage since they hadn’t noticed water streaming past the garage entrance trench drain despite the heavy rain.

10/31 Garage Flood at 43 St. at 3100 block

On returning to the elevator, I noticed a large puddle on the south side of the garage extending from the rear of the Maintenance Room across the drive lane to the cars parked along the south wall. A similar puddle spanned the drive lane on the North side of the garage about twenty feet east of the elevator lobby. Filtering up through drains in the garage floor, the puddles grew as the rain intensified and contracted when it abated. When the rain stopped about 3 AM, so did the ponding. At their widest, puddles 30 feet in diameter were less than an inch deep.

Floor Drain in Garage

A few days later, I received another call about ponding in the garage. I again observed the intermittent buildup of water over the floor drains on both sides of the garage. The ebb and flow was again tied to the intensity of the rainfall. However, this time, during a long interval of heavy rain, the ponding water became sufficiently deep and wide to reach the descending ramps on the west side of the garage. The water began spilling down the ramp and accumulating at its base, revealing the mechanism by which the vehicles were infiltrated a few weeks earlier.

Trench Drain in front of Garage

The daily rains finally slowed in early November. Some residents opined that a clogged drainage element may have caused the flooding. When it rained again a week later, the garage remained dry. Our engineer observed that a blockage would have precipitated a recurrence of the flooding. When no water entered the garage during several subsequent heavy rainfalls in December and January, he asserted that the near record high water table was primarily responsible for the anomalous flooding, not some blockage. To understand his rationale, you have to understand our drainage system.

Water purged from the building and the parking decks feeds into two catch basins at the base of the driveway entrance and exit ramps. It also feeds into two other catch basins in the lower driveway near the garage door. These catch basins are connected by large 18-inch pipes couched in a 72-inch trench and wrapped in permeable landscape cloth, perforated along the bottom and covered with a drain sleeve fabric. Called French Drains, they are filled with stones and sit on several yards of crushed rock. Water in the pipes is ordinarily absorbed into the surrounding ground. However, when the lower driveway becomes fully saturated, the pipes carry the water to a fifth catch basin near the sidewalk planter in the center of the lower driveway. Connected to an adjacent gravity well, when that central catch basin becomes filled, the water spills 161 feet down the well to a hard rock and coral geological shelf that carries it to the ocean.

Since the garage flooded whenever it rained for more than 34 years yet remained dry in the eight years since the drainage system was installed, what caused it to flood in October and stop thereafter? After almost a decade of draught conditions, October of 2011 was one of the five wettest months in Fort Lauderdale history. The last time that precipitation so fully saturated the Barrier Island was in October, 1999, when Hurricane Irene soaked the region for nine days.

Catch Basin

With the water table above grade and the ground like a bloated sponge, pumps become useless. When the garage overflow is pumped outside, if it isn’t absorbed into the ground or an empty catch basin, it’s reacquired by the drainage system and returned to the garage. In short, when the ground is saturated and the volume of rainwater that falls over the entire property exceeds the volume that the well can evacuate, the overage temporarily collects on the garage floor. When the rain lets up, it provides the well with an opportunity to dispel the excess water, making room in the drainage system to recapture water ponding in the garage.

Broward Blvd after Rains 11/1/2011

When the daily rain stopped, the water table returned to normal, allowing rainwater to be absorbed into the ground once again. As pointed out by our structural engineer, if preceded by these same conditions, the garage will again be at risk for flooding. Although these conditions are rare - given that they occurred once in the past eight years - we began researching a system for protecting those vehicles most vulnerable to infiltration.

Sunrise Blvd on Halloween 10/31/2011

Suggestions to have security notify the office when they witness flooding in the garage or installing flood detectors in those areas most prone to accumulation were problematic. Since the initial flooding can occur anytime, calling 16 to 20 residents at 3 AM with a warning to move their cars borders on the asinine. Also, unless the affected vehicles can be relocated within minutes of a noticeable water buildup, they may be infiltrated before they can be moved.

Instead of waiting until water begins collecting in the garage, the engineer suggested that we issue preemptive notifications when conditions precedent to the flooding occur. If the ground becomes fully saturated following a week to ten days of daily rainfall, and more rain is expected, alerted owners would have up to 24 hours to relocate their vehicles outside, not just a few minutes. The South Florida Water Management District advised us to monitor their website for high saturation levels on the Barrier Island. When that occurs, and more rain is expected within 24 hours, the office could notify the affected vehicle owners.

Precautionary warnings that depend on weather forecasts aren’t foolproof. Predicted flooding may not occur – or may be manageable by our drainage system. Since those impacted own deeded parking spaces, each must decide whether or not to move their cars when called. When not in residence, affected vehicle owners can make arrangements to have their cars moved by friends or neighbors.

Jaffer Cleans System

Our engineer also suggested maintenance protocols to preserve system efficiency. If drainage becomes observably enfeebled, he recommended several firms that specialize in “crawling” interred drainage pipes. Robotic or gooseneck-mounted cameras can detect defects in drainage components that corrupt their functionality. This one-time non-invasive diagnostic can rule out or facilitate the repair of cracked pipes or calcified buildups that impair drainage.

While purging the catch basins and the garage door trench drain are modest procedures, cleaning the well is a 3-day ordeal. Jaffer, the company that installed our well – and the only company that cleans wells in South Florida – recommends this palliative every four years. Given their monopoly, most engineers believe that their timetable for this $6500 maintenance regimen is overly aggressive. If approved by the board, scheduling drainage and well maintenance during the off season would help minimize the inconvenience. Thank you for your kind attention.

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What’s that Strange Taste?

City Chlorinates Water

November 8, 2011 - Over the past few days, several unit owners have mentioned that their water tasted a bit different. On October 31, 2011, City of Fort Lauderdale Public Information Specialist Monique J. Damiano sent a notice to the Galt Mile Community Association. Entitled, "City of Fort Lauderdale to Chlorinate Water System" the Public Works message alerted city residents to an aspect of the City's preventive Water Sytem maintenance. The text of the message is as follows:

 

City of Fort Lauderdale to Chlorinate Water System Water Treatment Scheduled for November 1 to 22, 2011 Chlorine Attracting Water The City of Fort Lauderdale will temporarily return to using free chlorine in its drinking water system. This preventive maintenance procedure will begin at 9 a.m. Tuesday, November 1, 2011 and will end at 9 a.m. Tuesday, November 22, 2011. Free chlorination is a common practice for water systems using combined chlorine disinfection. The chlorination period is anticipated to be transparent to our customers; however, some may notice a slight change in the taste or smell of their tap water. This procedure will affect the City of Fort Lauderdale, as well as Lauderdale-by-the-Sea, Oakland Park, Port Everglades Authority, Village of Sea Ranch Lakes, Wilton Manors and sections of Davie and Tamarac. The City of Fort Lauderdale maintains the highest standards to ensure that clean high quality drinking water is delivered to water customers. The City's drinking water meets federal, state and local drinking water quality standards. Customers with questions who receive a utility bill from the City of Fort Lauderdale should contact the 24-Hour Customer Service Center at 954-828-8000 or online at www.fortlauderdale.gov/customerservice. Customer Service may also be reached via LauderServ, the City’s Android-based mobile application. For more information about LauderServ or to download the application, please visit www.fortlauderdale.gov/lauderserv. Customers with questions who receive a utility bill from other municipalities or entities should call their respective water provider’s customer service phone number. Monique J. Damiano, MPA Public Information Specialist City of Fort Lauderdale Public Works Department 949 N.W. 38th Street Fort Lauderdale, FL 33309 Ph: 954-828-7808

The City also treated our drinking water from June 5 through June 26 in 2010. In 2009, Broward County added free chlorine to our drinking water from September 9^th through October 21^st. The annual alteration in the disinfection chemical mix is prescribed by the Environmental Protection Agency.

The periodic switch to free chlorine effectively reduces biological re-growth in the distribution system and helps maintain chlorine residual levels at the extremities of the distribution system during the normal chloramine disinfection process.

As exclaimed by Ms. Damiano, residents may experience a slight change in both the taste and smell of the water during this process. The water will remain safe for drinking, cooking, bathing, and other daily needs.

However, persons currently undergoing dialysis or suffering from a compromised immune system should consult with their health care provider to determine whether the temporary change in disinfection chemistry will affect their treatment. In addition, residents with a fish tank or pond, including grocery stores and restaurants with lobster tanks and fish containers at bait shops, that rely on city water should contact a pet or aquarium professional to determine the need for any adjustments to their aquarium treatment procedures. Since it takes approximately two weeks for the chlorine to clear, any percieved changes to the taste and smell may persist through early December. Personally, I can't tell the difference!

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What the Hell Happened?

New Manager Dwight Lyons Survives Acid Test

July 9, 2011 - On Tuesday, June 14^th, our new manager survived his first acid test with flying colors. A mid-afternoon flood that quickly spread to more than a dozen floors also engulfed the lobby and the garage. Reminiscent of the serial hurricanes in 2004 and 2005, Regency Tower residents, board members and employees bonded to weather the crisis. However, the event’s happy ending was primarily orchestrated by an employee hired a few days before the deluge.

Manager Dwight Lyons

Carlos Pereira

Shortly after 2 PM, new manager Dwight Lyons learned that water was inexplicably accumulating in the hallways on several floors, the lobby and areas in the garage filled with high-voltage equipment. With the ink on his new employment contract still wet, Dwight snapped into emergency mode. Relying on managerial conventions honed by years of experience, Dwight met with maintenance and security personnel to prioritize safety protocols. Cones and barriers were up within minutes as Security Chief Carlos Pereira and Security staffer Fay Givans routed residents through dry areas to and from the elevators.

While Dwight implemented safety measures, Maintenance Chief Tom Downey located and corrected a blockage responsible for the widespread flooding. After assigning Tommy, Mark and Rocky to help stem the spreading water, our new manager contacted Emergency Services 24, a vendor experienced in mitigating the impact of flash floods. In a brief meeting with Board Vice President Eric Berkowitz, Dwight described several benefits to out-sourcing the job’s wide-ranging containment requirements.

Marc Prudent and Rocky Edouard

Maintenance Chief Tom Downey

He pointed out that our employees wouldn’t be forced to neglect their regular duties while wholly preoccupied with the building’s recovery for 3 or 4 days. Secondly, instead of deploying the association’s sole Dri-Vac and blower to slowly address one area at a time, the company’s additional equipment would enable simultaneous rehabilitation of every hallway, the lobby and the garage, thereby returning full access to the residents almost overnight. Lastly, by drying all the affected areas at once, we better protect soaked carpeting and saturated hallway walls from an expensive proliferation of mold. The last reason alone could save the association tens of thousands of dollars. Dwight then proceeded to explain what happened.

A 20^th floor air conditioning drainage line ordinarily used to expel condensation became blocked by an air pocket when a faulty valve failed to close properly. Instead of gravity draining condensation from the A/C unit, negative pressure sucked water back up the line and into the A/C unit. It soon overflowed, serially spilling into many of the individual AC units along the number 4 stack. On some floors where water overflowed into the stack 4 A/C closet, it also spilled into the adjacent hallway, where it was absorbed into the carpeting as well as the hallway baseboard and walls. Rapidly descending through various conduits to the floors below, when the water finally reached the uncarpeted ground floor and garage level, it ponded in the floor’s low areas. On the lobby floor, it filled the mail room and spread to the elevators and security desk. In the garage, it flooded the central walkway, the maintenance room and a meter room housing high voltage breakers. As it penetrated each floor, the water corrupted ceiling tiles. As such, more than half of the ceiling tiles in the mail room were destroyed. The water also damaged some wiring above the mail room ceiling.

Since our fire safety system is fully code compliant, when a small amount of water infiltrated an elevator shaft, our automated call system notified the Fire Department, bringing a contingent of Fire-Rescue personnel to the scene. Absent any fire, the fire safety staffers meandered aimlessly around the building. To better illustrate circumstances surrounding the flood, Dwight escorted one firefighter to the roof and described the roof-top water tower as a central element of the building’s HVAC (heating, ventilation and air conditioning) system. After strolling about the roof for a few minutes, the firefighter found Dwight and proudly announced “I just turned off the pumps.” Dwight was perplexed. There are no pumps on the roof. The pumps were still operating in the garage level maintenance room when the impulsive city employee enigmatically decided to flip some switches and twist a valve he found near the water tower.

Having in fact turned off a fan and a pressure equalizer, the would-be Samaritan inadvertently precipitated an irreversible pressure buildup. Within minutes, a coupling burst and flooded the roof. When Honeywell funded a new roof for Regency Tower in 2002, it was redesigned to mitigate huge volumes of hurricane stormwater. As the content of our water tower explosively discharged, it drained harmlessly from the roof. However, the broken coupling would have to be replaced and the damage repaired before the water tower could be re-engaged. Until then – we would have no air conditioning.

As Fire-Rescue prepared to depart after trashing our air conditioning – during a heat wave – Dwight diplomatically thanked the boys in black for their “good intentions”. He also called Edd Helms, the company contracted to maintain our HVAC systems. After reviewing the damage caused by Fire-Rescue, the HVAC supervisor sent a crew member to pick up some replacement parts while others began repairing the exploded coupling’s attachments.

By 6 PM, the flood mitigation crew from Emergency Services 24 were vacuuming the saturated hallway carpets and setting high powered blowers to expedite the drying process. Fortunately, only two unoccupied units were penetrated by the flood. The crew quickly cleared them of water and set additional blowers to preclude incipient damage.

Eileen Bendis & Crew Protect 200+ A/Cs

Dwight and Eric were soon joined by Board President Eileen Bendis for a meeting with the HVAC repair crew from Edd Helms. Eric explained that whenever Regency Tower suffered post hurricane black outs, before turning the building’s electricity back on, FP&L warned him to turn off the A/C units to avoid potential burn-outs from surging electricity and/or initial water pressure damage from the suddenly functional water tower. When Dwight asked the HVAC supervisor what would happen when the water tower was reattached, he confirmed FP&L’s admonitions. As expected during a heat spell, most of the residents’ A/C units were on when the system went down. He said “If the system is reactivated while most of the A/C's are still on, the units could be damaged.” Along with Carlos and Security staffer Damian Brown, they divided up the building and began shutting down the individual A/C units in more than 200 hallway closets.

At 9 PM, the HVAC crew from Ed Helms reported that the coupling was repaired and the water tower was being filled. Following some test runs to insure that the newly replaced coupling was fully functional, the system was reactivated. Eileen and Dwight led the team of volunteers back into the hallways, where they turned on hundreds of idle air conditioners. At 10 PM, Carlos utilized the emergency P.A. system to inform grateful residents that their air conditioners were up and running. For two more days, blowers continued drying the most heavily saturated carpeted areas as Dwight retained an electrician to repair the damaged wiring above the mailroom ceiling.

Following the incident, when Eileen and Eric thanked Dwight for successfully managing the flood, he declined the praise, instead crediting our employees and residents for the expedited recovery. During the next few days, after personally thanking maintenance and security personnel for their disciplined and professional response to the emergency, he remarked that he was most impressed by their sincere concern for the safety and wellbeing of the building’s residents. Dwight admitted to being similarly surprised by how well residents cooperated with staff when faced with adversity. Dwight conceded “This place really is like a big family.”

The crisis cloaked an appreciable silver lining. Ordinarily, when a manager is hired, months pass before residents and employees become adequately confident in his or her capabilities to confirm that the board made the right choice. The process is sometimes marked by confusing pre-emptive resignations and/or questionable dismissals. If things go well, the manager slowly earns the residents’ respect and the staff’s trust.

The incident served to fast track this traditional gauntlet. Observing how the new manager reacted under pressure provided residents and staffers with insight into the operational arsenal and leadership flexibility he brings to the table. During the next few days, as residents spoke with board members and employees about the flood, they invariably applauded Dwight’s management of the emergency. This new found confidence also permeated the staff. Overnight, residual reservations about their new boss seemingly dissipated.

Mold - Could have Happened Here!

Since then, Dwight has been working with Board members to diminish the event’s budgetary impact. While carefully guiding the association’s insurance claim, Dwight has been vigorously negotiating with the participating vendors. In the interim, residents have been dropping by the office to meet the man who helped turn a potential disaster into a minor inconvenience. The visiting unit owners didn’t know that if Dwight hadn’t reacted quickly to remediate the water damage, the replacement and repair costs for thousands of square feet of hallway carpeting, hundreds of feet of new cove base, a dozen damaged hallway walls and the fiscal consequence of water levels reaching the meter room’s high voltage breakers could have warranted a six figure assessment – after insurance. Notwithstanding, these brief encounters with the new manager generally elicited a sentiment immortalized by Humphrey Bogart, “This is the beginning of a beautiful friendship.”

The next time you run into Dwight, you might want to thank him for whatever money is still in your pocket!

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Emergency Alert from Comcast

Certain TVs will Need a DTA to Receive Channels 25 through 78

The Following is a Verbatim Message from Comcast

FRONT - Comcast Digital Adapter (DTA) - REAR

March 18, 2011 - On April 20, 2011, Comcast Cable will hold an event for the residents of Regency Tower to distribute and install Digital Adapters (DTA). Channels 25 through 78 will be moving to the digital range after May 24, 2011. In order to continue to view these channels, each television set will require a Digital Adapter (DTA).

The residents are entitled to receive up to 3 DTAs free of charge. If you have more than 3 televisions, a monthly fee of $1.99 for each additional adapter installed will appear on your monthly statement.

Customer Service Representatives and Technicians will be on hand to answer questions and install the equipment.

If you are unable to attend the event on April 20, 2011, please call 1-877-634-4434. Any resident that schedules an appointment before or after the event date to have the DTA equipment installed will be charged a onetime install fee of $17.90.

Additional Info about the DTA Event

Some History

• On February 17, 2009, in compliance with a congressional mandate, the era of analog television transmissions came to an end as television stations began using digital signals to carry their broadcasts. Several months earlier, Comcast sent mailers to every customer temporarily offering free digital set-top boxes to facilitate the transition. Weeks later, Regency Tower also notified unit owners about the changeover, recommending that they request the digital set-top boxes from Comcast. Similar notices were included in the Regency Tower Newsletter and on the web site. While many Regency Tower residents took advantage of the offer, others declined. About six months later, Comcast began charging a monthly fee to those customers who ordered the box after the special offer expired. During our last contract negotiation, Comcast agreed to continue sending both digital and analog signals to Regency Tower until they could provide customers with a cost-free opportunity to receive digital transmissions. Comcast has just scheduled a one-day event to provide Regency Tower customers with that opportunity.

The Event

• On May 24, 2011, televisions in Regency Tower that are not attached to a Comcast Digital Set-Top Box will no longer receive channels 25 through 78. To avoid losing these channels on your televisions, you can either order Digital Set-Top Boxes from Comcast for a monthly fee or install devices called Digital Adapters (DTA). On April 20^th, in-residence Regency Tower unit owners will have an opportunity to have Comcast affix these Digital Adapters to the televisions in their homes. While the first three are free, each additional DTA will incur a $1.99 monthly charge on future statements. At 2 PM, a team of 10 to 12 Comcast Technicians and Customer Service personnel will convert the Rendezvous Room into a project headquarters. Residents must come down to the Rendezvous Room between 2 PM and 8 PM and register for the free installation. After confirming your name and unit number, return to your unit to await the Comcast technicians who will perform the installation.

  NOTE: The Comcast installation personnel will not enter unattended units. Someone must be there to oversee the installation when the Comcast technicians arrive at your unit! SORRY! Regency Tower maintenance and security staffers are not available for this purpose. They will be preoccupied with their normal duties. Remember: This is a Comcast event. Regency Tower’s involvement is limited to hopefully relieving some of the prospective confusion and inconvenience.

  Residents unable to provide access and oversight on April 20^th can schedule an alternative installation date for a onetime fee of $17.90. To schedule an alternative installation date, call 1-877-634-4434. Comcast customers able to personally install the devices can also ask about picking up the DTAs from Comcast or receiving them by mail. One unit owner reported picking up the DTAs at the Comcast location at 1139 N Federal Highway (south of 13^th Street - before Sunrise Boulevard).

The Digital Adapter (DTA) and the Digital Set-Top Box

• Digital Set-Top Box (Black or Silver)

  The DTA is necessary for any television that is not serviced by a Digital Set-Top Box. A Digital Adapter (also known as a DTA) provides digital-quality signals, but does not allow access to Comcast On Demand services or the on-screen guide. The DTA isn't necessary if your television is connected to a Digital set-top box (also known as a digital converter box or digital receiver). If, for instance, you have two televisions connected to Digital set-top boxes and a third that is not, you will need a DTA for that third TV.

• As those of you that have a Digital set-top box already know, in addition to processing digital-quality signals, the Digital set-top box offers access to the On Demand library (a rotating inventory of free movies, sports, broadcast specials, etc - all available 24/7), the On-Screen Channel Guide, and approximately 40 commercial-free music channels. Instead of two HBO channels, residents that have the Digital set-top box receive nine HBO channels (One in spanish and one that receives a High Definition signal). The DTA does not provide access to these additional services.

Why does the picture not fill my screen after I installed my digital adapter?

• The digital adapter supports a screen aspect ratio of 4:3 only. This means that the picture is formatted for standard definition programming and will not support high-definition (HD) or widescreen programs. As a result, the programming will not fill the entire screen of a widescreen television. While you cannot adjust the aspect ratio on the digital adapter, many televisions will allow you to adjust it on the television through the Settings menu. By changing the aspect ratio on your television, you are in essence "stretching" the standard definition picture to fit your widescreen television. Of course, if you upgrade to a digital set-top box, in addition to a truckload of additional services, the picture will adapt to the screen.

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Now it’s Our Turn to Act!

What the Sprinkler Opt-Out Voting Package means

Governor Crist Signs Sprinkler Relief Bill at Beach Community Center

November 12, 2010 - After eight years of sweating out a dreaded $million plus statutory assessment for retrofitting Regency Tower hallways and unit foyers with sprinkler heads, the Governor finally signed the recently passed opt-out bill (SB 1196) into law.

When the Governor learned that the Sprinkler Association lobby manipulated the 2002 legislature into passing the nation’s only mandate to retrofit buildings that were already fully compliant with State and local fire codes – a $multi-billion self-styled “stimulus package” for the Sprinkler Industry – he agreed to help the 18,000 Florida condo and co-op associations whose members objected to footing the bill for retrofits that the Florida insurance industry not only officially characterized as unworthy of any rate reduction but could boost rates due to prospective water damage.

To opt-out of the sprinkler installation and forego the expensive assessment, an association must first conduct a vote of the membership. If a majority of the association’s members vote FOR OPTING OUT of the retrofit requirement, they don’t have to comply with the existing sprinkler mandate. It’s as simple as that. The voting results are then filed with the County and entered into a State database. Until this is accomplished, a local fire marshal can notify an Association to submit expensive engineering plans for retrofitting the building. To avoid this particularly unpleasant prospect, our Board decided to hold the vote as soon as possible, immunizing our unit owners against any impulse by the local fire marshal to trigger any assessment.

Donna Berger

More importantly, at the November 1^st Galt Mile Council meeting, Executive Director Donna Berger of the Community Advocacy Network (CAN) - a well-known Association Attorney who was instrumental in passing the relief bill - warned of another potential threat. The bill provides associations with a multi-year window to opt out. If too many associations drag their feet in scheduling the vote, sprinkler lobbyists plan to use the tentative response to convince lawmakers at the 2011 legislative session in February that most condo owners actually want to fund their huge payday.

Unwilling to leave $billions in projected revenues on the table, the deep-pocketed Sprinkler Associations, whose membership includes corporate juggernauts Tyco and Allied Signal-Honeywell, successfully kept their stimulus package alive for eight years and convinced two Governors to veto relief bills that were overwhelmingly passed by the legislature. Make no mistake; they know how to play political hardball.

By registering our intentions prior to the legislative session, we can join with thousands of other common interest communities and deter any attempts to revive this expensive burden.

I Don't Understand the Proxy Package!

Since our attorney tailored the proxy to conform with the complicated relief legislation, it's not surprising that the proxy language is confusing. As defined in the Proxy Page, the issue we are voting on is whether or not we want “To forego retrofitting the Common Elements, Association Property or Units with a fire sprinkler system as authorized in Section 718.112(2)(l) of the Florida Statutes.”

We are then provided with an opportunity to vote FOR or AGAINST. Here's the deal. If you are in favor of opting out and avoiding the huge assessment, vote “FOR”. If you DO NOT want to opt out of the expensive requirement to install the sprinklers, vote “AGAINST”. Get the idea! If you are still confused by how the proxy is worded, call Eric Berkowitz at 954-564-4427.

• I DO NOT WANT SPRINKLERS! - Vote "FOR" Opting Out of the retrofit
• I WANT SPRINKLERS! - Vote "AGAINST" Opting Out of the retrofit

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Unit Owners Catch a Break

El Scroungo Gets the Boot!

November 2, 2010 - The Regency Tower Board finally plugged a four year drain on the finances of every Regency Tower unit owner. When the former owner of Unit 1508 stopped paying his association dues years ago, his share of the Association expenses was unceremoniously dumped onto every other association member. After years of countering a litany of legal tactics that delayed foreclosure and further compounded every owner’s fiscal burden, the delinquent was finally evicted on Tuesday, October 26, 2010.

Unfortunately, when the former unit owner dropped by to ostensibly collect a few remaining “personal possessions”, he grabbed anything that wasn’t nailed down - along with many things that were. Following his departure, security and maintenance staffers documented and photographed a unit awash in broken, missing and partially lifted floor tiles, sections of missing cove molding, large holes where eviscerated bathroom medicine chests were ripped from the wall and exposed wiring at fixture plates and room outlets. Every appliance was missing. Closer inspection of the electrical connection points revealed that wiring was missing deep into the walls. As a result, maintenance will spend the next few weeks repairing the damage. More about this later (a lot more).

How Can I Help?

The Administration’s current charge is to restore the unit’s ability to produce income for the Association. Before Unit 1508 can be rented or sold, the extensive damage must be repaired and the unit restocked with basic appliances and furniture. On November 1^st, Manager Nicholson-Brown began scouting these necessities. After contacting thrift shops for leads, the Manager posted notices asking unit owners to contribute items planned for replacement or the dumpster (second-hand is fine).

Since it is unlikely that contributions will include the major appliances needed to make the unit livable, if not marketable, the manager is researching sale-priced ovens, stoves, microwaves and refrigerators. Hopefully, donations will replace some of the basic furnishings, including a table, chairs, sofa(s), coffee table, bed, mattress & box spring, bed frame, linens, pillows, curtains, utensils, pots & pans, dishes, glassware, etc.

Anything you can donate will help facilitate the unit’s transformation into an income producing association asset. We also welcome any decorative pillows, vases, balcony furnishings, rugs, pictures, plants, paintings and wall hangings. Items that cannot be replaced from donations or scavenged from thrift shops will have to be purchased. While donations will help defray expenses, the objective is to bring in fresh rental or sales income. The relevant Confucian logic is simple, despite its striking similarity to a fortune cookie euphemism - the more we donate - the less we spend – the more we make!

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Where’s the Sand?

Broward Beach Project Up and Running

Hollywood Beach Community Center

July 15, 2010 - On April 30, 2002, two busloads of Galt Mile residents attended a public hearing at the Hollywood Beach Community Center in support of the Army Corps of Engineers plan to renourish our shrinking beaches. On May 13, 2003, a contingent of eight Galt Mile residents (including 4 from Regency Tower) flew to Tallahassee to refute contentions by outside interests from the Real Estate and Scuba lobbies that coastal residents “don’t want their beaches renourished.” Our neighbors’ testimony to the Florida Cabinet resulted in the inclusion of beaches from Fort Lauderdale to Pompano in the Broward Shore Protection Project. For the past decade, increasingly frustrated Galt Mile residents have been anxiously awaiting promised repairs to what the Florida Department of Environmental Protection characterized as their “severely eroded beach.” Although the project was temporarily derailed by events blending elements of “Waiting for Godot” with “The Three Stooges Meet Alice in Wonderland,” County Administrator Bertha Henry assures us that our sand is on the way.

Hopper Dredge Liberty Island at John U. Lloyd Beach State Park

When the hopper dredge “Liberty Island” pumped out a last load of sand onto the beach at John U. Lloyd Beach State Park on February 8, 2006, it marked an end to the South Broward portion (Segment III) of the Broward Beach Renourishment Project. Unlike previous beach renourishment efforts, wherein sand was simply dredged offshore and dumped onto eroded beaches, Broward Beach Administrator Steve Higgins delivered a plan based on sustainability. While adding 100 to 150 feet of sand to beaches in Hollywood, Hallandale Beach and Dania Beach, his plan also provided for construction of three boulder mound erosion control structures at the northern end of John U. Lloyd Beach State Park.

Sand Bypass Erosion Control at Port Everglades Inlet

Coastal inlets, such as the entrance to Port Everglades, disrupt the natural southerly migration of sand along the shore. This erosion control architecture will serve to stabilize the beach at that very dynamic location without adverse down drift impacts. In addition to protecting the Port, these structures will extend the effective life of the renourishment. Higgins foresees replacing the need for future full scale renourishments with a series of small fills targeting the hot spots primarily responsible for sand expunged from the system.

At the May 13, 2003 meeting of the Florida Cabinet, representatives of every major grass roots and governmental environmental organization stressed the importance of preserving the beach habitat by implementing the Beach Renourishment plan approved by the U.S. Army Corps of Engineers and further adapted by every Federal and State Environmental Agency. To better protect the surrounding marine environment, the Florida Cabinet mandated an 18-month monitoring period following the renourishment of South Broward’s beaches. Data included in a subsequent report to the Florida Department of Environmental Protection (DEP) would be used to enhance environmental mitigations for the next stage (Segment II) of the County’s comprehensive coastal rescue plan.

After the monitoring period ended in late August of 2007, a report was compiled by the official monitors from Nova Southeastern University and a joint venture of coastal engineering consulting firms, including Coastal Planning and Engineering, Inc. and Olsen Asssociates, Inc. When it arrived in Tallahassee, the Florida Department of Environmental Protection (DEP) analyzed their observations. Along with an evaluation of the post-renourishment beach environment, the report documented two species of coral in the catchment area that the federal government designated as “threatened” in 2006. DEP notified their Broward counterpart that these new corals should be added to the list of protected marine organisms prior to the upcoming Segment II project.

Following several housekeeping correspondences addressing port inlet maintenance, communications between the Broward Biological Resources Division and the Florida Department of Environmental Protection inexplicably broke down. When asked by GMCA officials about the Segment II project, the County beach officials responded with a series of irrelevant diversions throughout 2008 and 2009, focusing instead on additional erosion control devices and a nondescript hunt for sand. When the County applied to the City of Fort Lauderdale for permission to enhance erosion control at Port Everglades on January 6, 2009, a frustrated City Commission refused access to the County, insisting that they first complete the promised Segment II renourishment of Fort Lauderdale’s beaches.

Soon after, the City posted a page on their web site entitled “Help Save Fort Lauderdale Beach,” which provides the email addresses of the County Commissioners and states “The Fort Lauderdale City Commissioners need your help to make sure that Fort Lauderdale is not pushed to the back of the line. Let Broward County know that you oppose the proposed Port Everglades Sand Bypass Project and that you want them to implement the Segment II Beach Renourishment Project as promised.” Their inclusion of Commissioner Keechl on the contact list wasn’t necessary, since he had previously emailed the City Commission expressing those same sentiments.

FDEP Secretary Michael W. Sole

Enraged by a two-year runaround, the GMCA Advisory Board launched its own investigation. Asked to ascertain the status of resources allocated to renourish the beach, Broward Commissioner Ken Keechl reported that the project’s Federal and State funding was intact. Upon contacting Secretary Michael Sole of the Florida Department of Environmental Protection, the GMCA learned that Broward Beach officials hadn’t responded to Departmental inquiries for the past year. While the two agencies were locked in a mysterious bureaucratic limbo, the Federal permit authorizing the project expired. When the GMCA reported this unfathomable stupidity to City officials and Commissioner Keechl, they went ballistic. Ordinarily restrained and imperturbable, Keechl promised someone’s “head on a platter.”

Stephen Higgins Beach Wizzard

Prior to proceeding with Segment II, Broward beach officials would first have to repeat the environmental testing required for a new federal permit. Fortunately, since DEP Chief Mike Sole came to Tallahassee via Broward County, he is intimately familiar with the project’s scientific and engineering parameters. While an arduous repetition of the federal permit process is unavoidable, in July of 2009, Sole had Beaches & Coastal Systems Environmental Administrator Martin Seeling grant Higgins a 5-year State permit extension through June 4, 2014, saving the Broward Beach Administrator months of additional paper shuffling.

The GMCA elicited an agreement from Sole to personally oversee future interagency communications and another from Keechl to closely follow the County’s progress. Factoring in the additional time required for permitting exigencies and statutory delays attendant to turtle nesting season, the Segment II starting date is projected for late 2011.

Since the plan to rehabilitate our Segment II beaches was initially developed by the County and approved by the U.S. Army Corps of Engineers, the Broward coast has subsequently experienced severe incremental storm damage, predominantly from the serial hurricanes of 2004 and 2005. While all of the Segment II beaches were affected, several beach areas in Pompano and Lauderdale-by-the Sea suffered nearly full displacement. Prior to implementing the planned beach renourishment, a County-conceived interim effort is expected to return these beaches to their pre-storm (2004) condition - while providing a serendipitous benefit to the Galt Ocean Mile beach.

The U.S. Army Corps of Engineers, Jacksonville District, has allocated $4.5 million to initiate the planning, engineering and design of an approved storm reclamation effort entitled “Flood Control and Coastal Emergencies Project” (FCCE). In a nutshell, before commencing the Segment II beach renourishment, the county plans to dump huge volumes of sand on compromised beach areas just north of Anglin’s Pier. Project engineers confirm that the sand will naturally drift south, providing a near-immediate benefit to the northernmost Galt Ocean Mile beach. Within months, the continually migrating sand will similarly enhance beach footage along the entire Galt Mile. Ultimately, along with roughly 100 to 150 feet of sand from the Segment II beach renourishment, the Galt Ocean Mile Beach should realize an additional 15 to 30 feet of beach area from the FCCE project. Former Director Steve Somerville of the Broward County Department of Planning and Environmental Protection (DPEP) offered this less than memorable observation at the 2003 Florida Cabinet hearing, “You can never have too much sand on the beach.”

Broward County Administrator Bertha Henry

On May 27, 2010, Broward County Administrator Bertha Henry compiled a correspondence for Fort Lauderdale City Manager George Gretsas entitled “Beach Nourishment Activities Quarterly Report”. The report is a status update of the two beach projects that affect every Galt Ocean Mile resident. Since the Broward Beach Renourishment Project and the Flood Control and Coastal Emergencies Project are both exercises in coastal engineering, Gretsas copied City Engineer Al Carbon as well as the City Commission on June 14^th.

In addition to updates relating to Segments I and III of the Beach Renourishment Project, Bertha Henry’s notice to the City contained the following data about the General Information and Segment II project components (which includes the Galt Ocean Mile beach). Read on...

 

Bertha W. Henry, County Administrator 115 S. Andrews Avenue, Room 409 Fort Lauderdale, Florida 33301 PHONE: 954-357-7362 FAX: 954-357-7360 Broward County Beach Erosion Control Program Status as of May 12, 2010 Beach Erosion Control, General: Structure Study: Staff is finalizing review of the draft study. Following revision by the consultants, copies of the final report will be coordinated with shorefront municipalities. Sand Search: The investigation located approximately 2.8 million cubic yards of sand offshore of the northern portion of the County, of which approximately 1.4 million cubic yards could be of adequate quality for use on our beaches, pending more detailed evaluations of sand quality and the potential for impacts to coral reef resources from use of the material. Bahamian Sand: County staff is awaiting a response from the Bahamian Government to a request to purchase and import 200,000 cubic yards of Bahamian sand for a pilot project. Funding Advocacy: Staff continues to work with state and national beach preservation associations, elected officials and agencies to advocate for continuation of state and federal funding for beach erosion control projects. Segment II Beach Renourishment, Hillsboro Inlet to Port Everglades Project Reformation: The County is evaluating the design of the Segment II beach renourishment project in the context of current physical, economic and environmental conditions. The not-yet-formulated beach fill project could include material from one or more sand sources, and may involve sand brought in by truck. An agenda item for a consultant contract amendment to continue engineering/design and permitting will be coming before the Board of County Commissioners before summer break. The project could potentially result in sand placement on portions of beach in Fort Lauderdale, Lauderdale-by-the-Sea, and Pompano Beach. Primary Issues: Hardbottom Monitor Increased regulation due to federal listing of two coral species found offshore of Broward County and the designation as critical of all hardbottom habitat; Limited opportunity for dramatic widening of the beaches due to proximity of nearshore hardbottoms; Increased regulatory emphasis on sand quality; Costs for beach renourishment have increased while potential local, state, and federal funds have diminished. Permitting: DEP has extended the formerly issued permit for nourishment of Segment II for five years while project reformulation is conducted. There is no equivalent draft federal permit, which means a new Corps of Engineers permit will be required for a nourishment of Segment II beaches. Federal Hurricane Beach Rehabilitation: The County has requested that the U.S. Army Corps of Engineers implement the approved Flood Control and Coastal Emergencies (FCCE) Project. The Jacksonville District Corps has allocated about $4.5 million to initiate planning, engineering and design of a project restore to pre-storm conditions the previously constructed (Hillsboro inlet to the Fort Lauderdale/Lauderdale-by-the-Sea border) Segment II nourishment project. The Corps calculated that approximately 330,000 cubic yards of material would be placed on those beaches. The schedule for construction and exact placement areas are to be determined. Schedule: Broward County-conducted beach construction in Segment II is targeted for November of 2011, pending completion of the engineering/design and permitting processes in a timely fashion. Bertha Henry Broward County Administrator

While “heads on a platter” are a poor substitute for a healthy beach, Advisory Board members are sufficiently irate to take a cue from Mayor Keechl and “raise hell” if project progress is again victimized by ineptitude. As future notices are reviewed by the GMCA Advisory Board, they will also be posted on the Galt Mile web site. More to come...

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Plugging Holes in the Fiscal Bucket

You CAN Make a Difference!

February 22, 2010 - Of the costly issues currently facing Regency Tower residents, two are distinguished by a brief opportunity to defuse their threatened fiscal impact. Our reaction to the first one will determine whether each of us will be forced to pony up from $8000 to $18,000 for an assessment yielding a questionable benefit. The second issue is far less dramatic in effect. A policy implemented by the Fort Lauderdale City Commission will pump revenue into the City treasury while abating traffic accidents. Although a laudable objective, this budgetary infusion will derive primarily from our unsuspecting snowbird neighbors upon returning to their Florida homes.

1^st Issue: Burning Cash

At a 2009 Regency Tower board meeting, a concerned homeowner suggested that we begin setting aside reserve funds for an extremely expensive sprinkler system currently mandated by Florida Statute for installation by 2014. Enacted in 2002, the statute was drafted by lobbyists for the American Fire Sprinkler Association, the National Fire Sprinkler Association (trade groups created to sell sprinkler systems) and the Plumbers and Pipefitters Union. The bill guaranteed a $multi-billion payday for these entities – at our expense.

When initially filed in 2002, certain representatives from the Florida Fire Marshals and Inspectors Association (FFMIA) called on legislators to pass the bill as a testament to their “concern for the safety of our heroic firefighters.” Instead of presenting authoritative documentation demonstrating that a variety of different fire safety solutions should be tailored to a structure’s material composition, size, entry and egress, construction features and existing fire safety elements, the impressively uniformed lobbyists convinced key lawmakers that sprinkler retrofits were a fire safety panacea for every condominium. Their arguments were unabashedly “accompanied” by strategic contributions to the legislators’ campaign coffers.

Chuck Akers - Executive Director - FFMIA & AFSA

Not surprisingly, many of the uniformed retrofit proponents were receiving two paychecks. Executive Director Chuck Akers of the Florida Fire Marshals and Inspectors Association is also the Executive Director of the American Fire Sprinkler Association, an industry trade group responsible for boosting sprinkler sales. Other key Fire Marshals Association officials are also employed by the National Fire Sprinkler Association, another sprinkler trade organization behind the original legislation. FFMIA Past President and lifetime member Steven Randall is also the South Central Regional Manager of the National Fire Sprinkler Association (AKA Florida Fire Sprinkler Association). FFMIA lifetime member Buddy Dewar also serves as the National Fire Sprinkler Association’s Director of Regional Operations.

Buddy Dewer - Lobbyist FFMIA & NFSA

Following a State-wide outcry against the suspect expenditure, the legislation was subsequently modified to allow condo owners in high rise buildings to “Opt Out” of retrofitting their units “by the affirmative vote of two-thirds of all voting interests”. Enacted over virulent objections by lobbyists for the Plumbers and Pipefitters Union and the Fire Sprinkler Associations, the opt-out provision allowed Associations and their Fire Safety Engineers to tailor a “Alternative Minimum Life Safety System” instead of the budget busting full sprinkler retrofit. As a financial concession to the lobbying interests, the corrective legislation required Fire Safety Engineers to add sprinkler retrofits in every unit foyer and common area when designing a comprehensive Fire Protection plan for high rise associations.

Make no mistake. The statutory “Alternative Minimum Life Safety System” was never intended for extinguishing fires. Its stated objective is to provide a moderately safe egress. It is only one of many layers of fire protection in an engineered fire safety plan. Since effective early detection and containment will save far more lives than the sprinklers placed in unit foyers and certain common areas (as required for an Alternative Minimum Life Safety Plan), they are arguably more important components to any integrated fire safety system. During legislative committee review, the Statehouse staff assessment questioned the productivity of the statute’s sizable expense to homeowners, confirming that throughout Florida’s history, not one life would have been saved by installing sprinkler heads in unit foyers.

To provide relief for association members besieged by hurricane-related expenses, the 2006 Florida Legislature unanimously passed House Bill 391, extending the deadline for retrofitting sprinklers in high rise unit foyers and common areas from the current 2014 to 2025. Despite a favorable vote by every single lawmaker in the Senate and the Statehouse, lame duck Governor Jeb Bush vetoed the bill – a parting gift to the sprinkler associations for their earlier campaign generosity.

Representative Ellyn Bogdanoff

Responding to the fiscal exigencies of a world-wide recession, our District 91 Statehouse Representative Ellyn Bogdanoff filed House Bill 419 last year - which along with Senate Bill 714 - again sought to extend the retrofit deadline from 2014 to 2025. Although it was passed unanimously in the Senate and by an overwhelming plurality (114 Yeas vs. 2 Nays - 4 not voting) in the Statehouse, on June 1, 2009, the bill was again vetoed, this time by lame duck Governor Charlie Crist. Confident that his record popularity poll stats would guarantee the Washington Senate seat, Crist’s handlers decided to placate the deep-pocketed sprinkler associations at the expense of 2 million voting association members.

On January 4, 2010, Representative Bogdanoff filed House Bill 561, which improves on the sprinkler retrofit resolution napalmed earlier by the Governor. The bill returns the retrofit decision back to the homeowners who must live with and pay for that decision. By a vote of two-thirds of the unit owners, a high rise association would be able to completely opt-out of the sprinkler retrofit and the huge assessment. To insure that the decision to opt out reflects the intentions of unit owners in perpetuity, the vote can be repeated every three years. Broward Senator Jeremy Ring filed Senate Bill 1222, which mirrors the text of Bogdanoff’s bill in the other chamber. Click here to read the actual text of the "opt out" provision.

Rubio, Bogdanoff and Crist

A meeting with the Governor’s top staffers revealed that the Governor would support the legislation if again passed by the legislature. Governor Crist’s Senate bid has recently encountered serious reversals, given the heated competition for the Florida Senate seat by former Statehouse Speaker Marco Rubio and Democrat contender Kendrick Meek. By endorsing the bill, Crist would recapture much of the support he lost by sacrificing voters for dollars.

However, Governor Crist has demonstrated a marked proclivity for flip-flopping when faced with political decisions, especially if they impact his dream job in Washington D.C. After agreeing to support the opt-out bill, he has already made public statements that he might again veto such legislation. Fortunately, the Governor’s political handlers reliably respond to voter feedback that could affect his Senate seat aspirations. In a nutshell, they are measuring the Sprinkler Associations' contention that few association members would care about the huge assessment. Representative Bogdanoff clarified, “Every condo and co-op owner needs to contact the Governor and express their concern about funding this questionable assessment in this economic climate.”

V.M. Gunzburger and Mayor Keechl

Public officials in local jurisdictions across the state are moving to support the Retrofit Relief legislation. After meeting with State Fire Marshal Division Director Julius Halas, the City of Naples City Council passed a resolution supporting Bogdanoff's relief bill on February 19^th. Closer to home, District 1 Fort Lauderdale City Commissioner Bruce Roberts plans to introduce a resolution supportive of the relief bill in Fort Lauderdale. On March 2^nd, Broward Mayor Ken Keechl and Vice Mayor Sue Gunzburger proposed a similar resolution for the Broward Board of County Commissioners. In the Resolution, the County Board states “The Broward County Board of County Commissioners does hereby declare, and urge Governor Charlie Crist to adhere to the will of the Florida Legislature and the millions of impacted Floridians and allow HB 561 and SB 1222 (as same may be amended or renumbered) to pass safely into law.” Broward Mayor (and District 4 Commissioner) Ken Keechl also plans to include it in the County legislative agenda which he is scheduled to deliver next month in Tallahassee.

The Bottom Line

If you don’t have substantial resources squirreled away for this highly dubious expense, you can impact Crist’s decision. While municipal resolutions are important vehicles for framing this issue, YOUR INPUT will ultimately determine the outcome of this dilemma. Along with our Galt Mile neighbors, Regency Tower is joining with thousands of associations across Florida in a campaign to contact the Governor and indicate support for this legislation. Please take a moment to send an email or letter to the Governor asking that he support House Bill 561... or start saving thousands of dollars for an upcoming assessment! After all... it’s your money!

Make a Difference!

• Click Here to send an email to Governor Charlie Crist. Tell him what you think or simply ask that he support House Bill 561.

• It would also help to zip one off to Lieutenant Governor Jeffrey Kottkamp. Click Here to email Lieutenant Governor Kottkamp.
• If you have another minute, please notify Florida CFO and State Fire Marshal Alex Sink. Click Here to email CFO Alex Sink.
• Finally, you can reach out to Division of State Fire Marshal Director Julius Halas. Click Here to email Director Halas.

Don't like emails? Either call or send a letter to the Governor at:

• Governor Charlie Crist
  The Capitol
  400 South Monroe Street
  Tallahassee, Florida 32399
• Phone: (850) 488-7146, Fax: (850) 487-0801

For a comprehensive review of the fire sprinkler retrofit issue and the threatened assessment, Click Here

2^nd Issue: Red Light Traffic Cameras

The second issue is a warning of sorts. Those of you who followed discussions about the City’s FY 2010 budget possibly remember one of the more esoteric sources of municipal revenue, the “Automated Camera Red Light Traffic Enforcement System.” The traffic lights at ten dangerous intersections around the city have been earmarked for connection to high resolution video cameras. The cameras will snap images of vehicles that are caught in the intersection after the light turns red. Based on close-ups of the license plate, tickets will automatically be issued to the vehicle’s owner, not the transgressing driver.

In 2005, when Pembroke Pines City Attorney Sam Goren asked then Attorney General Charlie Crist for a relevant legal opinion, Crist concluded that cities couldn’t issue red light traffic tickets without changes to the State’s uniform traffic code. This further weakened the legal underpinnings of a system already beset by a constitutional “due process” controversy since the vehicle’s owner is punished for the driver’s infraction. Despite the potential legal quagmire, many municipalities throughout the State have opted to proceed with installing a red light camera enforcement system because it reliably fills shortfalls in the City budget. Studies also indicate that monitored intersections realize a drop in accidents, injuries and fatalities. While focusing on the public safety benefit, local jurisdictions circumvent the system’s legal obstacles by implanting a special ordinance into the municipal code - not unlike the one passed by the Fort Lauderdale City Commission last June. Hence, the resulting tickets will be issued for local code violations, not for infractions of the traffic law.

Attention: Regency Tower Snowbirds

Generally oblivious to which locations were selected for surveillance, unsuspecting visitors and “snowbirds” statistically comprise the majority of vehicle owners tagged at camera equipped intersections. Since familiarizing oneself with the ten sites designated for initial placement can thwart potential victimization, the list has been posted below. Please note that three locations are right up the block on Federal Highway at both Commercial and Oakland Park Boulevards. As local drivers are well aware, the long traffic lights at these intersections prompt many drivers to speed through yellow lights to beat out the annoying delay. Forget it! To avoid an automatic $125 fine – or spending a day futilely pleading before a Special Magistrate (who is paid by the City) – stop the damned car and wait out the 2 minutes! Within the City of Fort Lauderdale, cameras will be mounted on red lights at the following intersections:

Eastbound East Sunrise Boulevard at NE 15^th Ave;

Southbound NE 15^th Ave at East Sunrise Boulevard;

Southbound North Federal Highway at East Oakland Park Boulevard;

Westbound NW 62^nd Street/West Cypress Creek Road at NW 9^th Ave/Powerline Road;

Eastbound NW 62^nd Street/West Cypress Creek Road at NW 31^st Ave;

Southbound NW 31^st Ave at NW 62^nd Street/West Cypress Creek Road;

Eastbound West Sunrise Boulevard at NW 9^th Ave;

Westbound West Sunrise Boulevard at NW 9^th Ave;

Eastbound East Commercial Boulevard at North Federal Highway/U.S. 1 and