CITY OF NORTH LAUDERDALE

 

COMMISSION MEETING

 

MONDAY, NOVEMBER 16, 2009

 

REGULAR MEETING – 5:30 p.m.

 

NORTH LAUDERDALE RECREATION FOUNDATION

(Immediately following Commission Meeting)

 

MINUTES

 

The North Lauderdale City Commission met on Monday, November 16, 2009, at the Municipal Complex.  The meeting convened at 5:30 p.m.

 

1.                  INVOCATION AND PLEDGE OF ALLEGIANCE – Mayor Brady gave the invocation.

 

2.                  ROLL CALL – Clerk called roll.  All present.

 

            Mayor Jack Brady

            Vice Mayor John R. Cangemi

            Commissioner Gary Frankel

            Commissioner Rich Moyle

            Commissioner David G. Hilton

            City Manager Ambreen Bhatty

            City Attorney Samuel S. Goren

            City Clerk Patricia Vancheri

 

3.                  APPROVAL OF MINUTES

 

a.      April 28, 2009 – Commissioner Frankel moved to approve the minutes as submitted.  Seconded by Vice Mayor Cangemi.  Minutes approved unanimously.

 

b.      May 12, 2009 – Commissioner Frankel moved to approve the minutes as submitted.  Seconded by Vice Mayor Cangemi.  Minutes approved unanimously.

 

 

4.                  PRESENTATIONS

a.      Parks and Recreation (Mike Sargis) – This item was tabled to the next meeting.

 

5.                  PUBLIC DISCUSSION

 

Ken Campbell – Mr. Campbell came to represent the US Census Bureau and ask for the City’s help in getting people involved in helping to gather information.  He said the City has been helpful in providing sites for testing for census workers which will provide jobs.  Mr. Campbell said he needs people in North Lauderdale to come out to test for these part-time jobs, and left flyers showing the testing information.

 

 

Micheal Brown – Mr. Brown came with complaints, but based on his upcoming meeting with City Attorney and Commissioner Moyle, said he will defer his comments.

 

 

6.                  ELECTION ITEMS

 

a.      Clerk read results of November 3, 2009 Election:

 

 

 

Percent

Precincts Counted

13

100%

Registered Voters

18,082

 

Ballots Cast

872

4.82%

John “Jack” Brady

663

85.32%

Bruce J. Tumin

128

14.68%

 

 

b.      RESOLUTION – Approving Election Results

 

Commissioner Frankel moved to read.  Seconded by Commissioner Hilton.

Attorney read:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND ACCEPTING THE ACCURACY OF THE BROWARD COUNTY CANVASSING BOARD’S CANVASS OF THE ELECTION RESULTS OF THE NOVEMBER 3, 2009 GENERAL ELECTION; AND, PROVIDING AN EFFECTIVE DATE.

 

Commissioner Hilton made a motion to approve.  Commissioner Frankel seconded.  No discussion.  Clerk polled Commission.  All yes.

 

RESOLUTION NO.  09-11-5504  PASSED AND APPROVED UNANIMOUSLY

 

 

c.       ORDINANCE - Second Reading – Taking Office after an Election

 

Commisisoner Frankel moved to read.  Commissioner Hilton seconded.

Attorney read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 18 OF THE CITY’S CODE OF ORDINANCES, ENTITLED “ELECTIONS”; SPECIFICALLY AMENDING SECTION 18-2 ENTITLED “DAY UPON WHICH NEWLY ELECTED MUNICIPAL OFFICERS TO TAKE OFFICE”; PROVIDING FOR NEWLY ELECTED MUNICIPAL OFFICERS TO TAKE OFFICE AT THE NEXT REGULAR OR SPECIAL MEETING AFTER RECEIVING CERTIFIED ELECTION RESULTS PURSUANT TO CHAPTER 102, F.S.; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

 

Attorney Goren gave a brief explanation of the proposed Ordinance.  Public hearing was opened.  No one spoke.  Public hearing was closed. 

 

Commissioner Frankel moved to approve.  Seconded by Vice Mayor Cangemi. No Commission discussion. Clerk polled Commission.  All yes.

 

ORDINANCE NO.  09-11-1229  PASSED AND ADOPTED UNANIMOUSLY

 

 

d.      Oath of Office to Successful Candidates – The elected officials were duly sworn in by City Clerk Vancheri

 

                                            i.            Jack Brady as Mayor

                                          ii.            John R. Cangemi as Commissioner

                                        iii.            Gary Frankel as Commissioner

 

 

e.       Selection of Vice Mayor by City Commission

 

Commissioner Frankel made a motion to nominate John Cangemi for another term as Vice Mayor.  Commissioner Moyle nominated David Hilton.  Nominations were closed.  Attorney Goren commented that the process is to take the nominations in the order they were nominated, so the first nomination would be voted upon, and if garnered three or more votes, the first nomination would be the successful candidate for Vice Mayor.  First nomination was John Cangemi. 

Clerk polled Commission.  Commissioner Hilton voted no.  Commissioner Frankel voted yes.  Vice Mayor Cangemi voted yes.  Commissioner Moyle voted no.  Mayor Brady voted yes.  Attorney Goren stated that with three yes votes, Vice Mayor Cangemi has retained his title as Vice Mayor for the ensuing year.

 

MOTION TO SELECT JOHN CANGEMI AS VICE MAYOR PASSED ON A THREE TO TWO VOTE; Commissioner Moyle and Vice Mayor Cangemi dissenting.

 

f.       Oath of Office to Vice Mayor – Vice Mayor Cangemi was duly sworn in by City Clerk Vancheri

 

 

INTERMISSION – Commission recessed for a ten minute intermission.

 

 

7.                  CONSENT AGENDA

 

City Manager Bhatty pulled Item #7(b) from consent agenda.  Commissioner Frankel moved to read the remainder of the consent agenda.  Seconded by Vice Mayor Cangemi.

Attorney read:

 

a.      RESOLUTION - Lobbying Services Contract – Ericks Consultants, Inc.

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER, TO EXECUTE AND TO OTHERWISE ENTER INTO THE ATTACHED LOBBYING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND ERICKS CONSULTANTS, INC., FROM DECEMBER 1, 2009 TO NOVEMBER 30, 2010; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION, AND, PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO.  09-11-5505

 

THIS ITEM WAS PULLED FROM CONSENT AGENDA:

 

b.   RESOLUTION – Payment to Broward Sheriff’s Office for Youth Soccer Program

Commissioner Hilton moved to read.  Seconded by Commissioner Moyle:

Attorney read:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND AUTHORIZING THE EXPENDITURE OF $16,425.00 TO THE BROWARD SHERIFF’S OFFICE OUT OF THE RECREATION DIVISION 171 FUND 1717072-549750 TO COVER THE SHERIFF’S FEE FOR THE 2009-2010 YOUTH SOCCER PROGRAM AND, PROVIDING AN EFFECTIVE DATE.

 

City Manager Bhatty commented that the reason she pulled this item from consent was because at the time the item was prepared there were 365 participants in the program, but that number has increased to 389 participants, and accordingly there was an adjustment to the amount paid to BSO.  The new amount will be $17,504.00, instead of $16,425.00 which was originally mentioned in the memorandum.  City Attorney read new amount into the title.

 

Commissioner Hilton moved to approve.  Seconded by Vice Mayor Cangemi.  All yes.

 

RESOLUTION NO.  09-11-5506

 

 

c.       RESOLUTION - Census Bureau Partner Support Program Grant 

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING CITY OFFICIALS TO ACCEPT CENSUS PROMOTIONAL ITEMS VALUED AT $5,143.50; INCLUDING CUSTOMIZED PENCILS, ERASERS, T-SHIRTS, DIE-CUT BAGS AND BANNERS FROM THE U.S. CENSUS BUREAU; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO.  09-11-5507

 

 

d.      RESOLUTION - Approval to Update Access List to the Information Technology Safe Deposit Box

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL SUNTRUST SAFETY DEPOSIT ACCOUNTS AND THE SAFETY DEPOSIT ACCOUNT SIGNATURE CARD, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO.  09-11-5508

 

 

e.       RESOLUTION – Agreement with Ride Vendor for North Lauderdale Days

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH RIDES, SLIDES AND GAMES, INC. FOR 2010 NORTH LAUDERDALE DAY RIDES AND GAMES AND, PROVIDING AN EFFECTIVE DATE

 

RESOLUTION NO.  09-11-5509

 

 

f.       SUBJECT - Special Event Permit (SPEV 09-05) - Centro Cristiano De Fe Block Party, 987-989 SW 71 Avenue, North Lauderdale

 

MOTION:  To approve “Centro Cristiano De Fe Event” to be held on Saturday December 12, 2009 from 10:00 AM to 4:00 PM in Riverside Plaza located at 987-989 SW 71 Avenue and subject to conditions outlined in staff memorandum.

 

Commissioner Frankel moved to approve consent agenda.  Commissioner Hilton seconded. 

 

CONSENT AGENDA APPROVED UNANIMOUSLY

 

 

8.                  OTHER BUSINESS

 

a.      ORDINANCE - Second Reading - City of North Lauderdale Comprehensive Plan Proposed Text Amendments to the Future Land Use Element based on the Provisional Recertification Report from Broward County Planning Council

 

Commissioner Hilton moved to read.  Seconded by Vice Mayor Cangemi.

Attorney read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE ADOPTING THE TEXT AMENDMENTS TO THE CITY OF NORTH LAUDERDALE COMPREHENSIVE PLAN BASED ON THE PROVISIONAL RECERTIFICATION REPORT BY THE BROWARD COUNTY PLANNING COUNCIL; AND APPROVING TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS IN ACCORDANCE WITH SECTION 163.32465, FLORIDA STATUTES.

 

Community Development Director, Tammy Reed-Holguin, presented the item.  She indicated that the City Commission approved the ordinance on first reading on September 14, 2009 and is seeking approval on second reading for the adoption and transmittal of the text amendments to the Florida Department of Community Affairs and other agencies pursuant to the Alternative State Review Process Pilot Program which is an expedited review.  She stated that no objections or comments were received from the reviewing agencies.  She further stated that they addressed the recommendation from the Florida Department of State regarding undertaking a survey of historical properties and no change to the document was necessary.  Ms. Reed-Holguin requested approval of the ordinance on second reading so that they can transmit it to the Planning Council for review. 

 

Mayor Brady opened Public Hearing.  No one spoke.  Public Hearing closed.  Commissioner Frankel moved to approve.  Seconded by Commissioner Hilton.  No Commission discussion.  Clerk polled Commission.  All yes.

 

ORDINANCE NO.  09-11-1230   PASSED AND APPROVED UNANIMOUSLY

 

 

b.      RESOLUTION – 36th Year (2010-2011) Community Development Block Grant Application

 

Commissioner Hilton moved to read.  Seconded by Vice Mayor Cangemi.

Attorney read:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING  AND DIRECTING THE CITY MANAGER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, TO APPLY FOR AND TO FILE SUCH DOCUMENTS AS MAY BE REASONABLY REQUIRED FOR AVAILABLE  36th YEAR (FISCAL YEAR OCTOBER 2010 – SEPTEMBER 2011) COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF AN ESTIMATED $346,855 FOR PROGRAMS THAT MAY INCLUDE THE CONTINUATION OF THE CITY’S HOME REHABILITATION PROGRAM (CITY WIDE), AND THE NEIGHBORHOOD IMPROVEMENT PROGRAM TO BE PROACTIVE WHICH IMPROVES AND EXPANDS OUR CODE ENFORCEMENT OPERATIONS TO HELP IN THE PREVENTION OF ABANDONED PROPERTY DETERIORATION CONTRIBUTING TO SLUM AND/OR BLIGHTED CONDITIONS; PROVIDING THAT THE CITY MANAGER SHALL BE AUTHORIZED TO EXECUTE GRANT AWARD AGREEMENTS AND TO IMPLEMENT SAID PROGRAMS IF AND WHEN FUNDING IS APPROVED; PROVIDING FOR FINDINGS AND CONCLUSIONS WITH REGARD TO THE BENEFITS TO BE DERIVED BY PROCESSING AND OBTAINING SUCH GRANT  FUNDS; AND, PROVIDING AN EFFECTIVE DATE.

 

Tammy Reed-Holguin presented the item.  She stated she is requesting Commission approval of the Community Development Block Grant application to Broward County for Year 36 funding.  She said we are expecting to receive approximately $346,855.00, and the application must be submitted by December 15, 2009.  Ms. Reed-Holguin said that they just finished the 34th year, and with that program funded the Homeownership Opportunities Program which assisted first time homebuyers and also the Code enforcement program which assisted with foreclosed properties.  The 35th CDBG Program year was just begun and we are funding a home rehabilitation program for people who own their homes but need rehabilitation.  Ms. Reed-Holguin said that they hope with the 36th Year program to continue funding these two programs.

 

Commissioner Hilton moved to approve.  Seconded by Vice Mayor Cangemi.  No Commission discussion.  Clerk polled Commission.  All yes.

 

RESOLUTION NO.  09-11-5510  PASSED AND APPROVED UNANIMOUSLY

 

 

c.       RESOLUTION – Loan from General Fund to Utilities Fund

 

Commissioner Hilton moved to read.  Seconded by Vice Mayor Cangemi.

Attorney read:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, PROVIDING FOR AN INTERNAL LOAN FROM THE GENERAL FUND TO THE UTILITIES FUND IN THE AMOUNT NOT TO EXCEED $2,000,000; PROVIDING FOR THE INTERNAL LOAN REPAYMENT PERIOD AND INTEREST RATE TO BE ESTABLISHED TO COMPLETE THE INTENT OF THIS RESOLUTION;PROVIDING FOR THE FINANCE DIRECTOR TO MAKE ALL NECESSARY BUDGET AND ACCOUTING ENTRIES NECESSARY TO COMPLETE THE INTENT OF THIS RESOLUTION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND, PROVIDING FOR AN EFFECTIVE DATE.

 

Steven Chapman, Finance Director, presented the item.  Mr. Chapman advised that this loan will relate to the next item which is purchase of water plant equipment.  He said they have looked at various financing opportunities available to the City and at this point in time, based on the economy and different costs involved with borrowing money, it has been determined that the best solution would be for the general fund to loan the utility fund the needed money to make repairs.  The loan will be repaid in a five year period and will be a floating rate loan which will be adjusted based on the five year treasury build and will be marked every year and adjusted that way.  Mr. Chapman indicated that the loan will start repayment, upon completion of the actual expenses, in the fiscal year following that. 

 

Commissioner Frankel moved to approve.  Seconded by Vice Mayor Cangemi.  No Commission discussion.  Clerk polled Commission.  All yes.

 

RESOLUTION NO.  09-11-5511  PASSED AND APPROVED UNANIMOUSLY

 

 

d.      RESOLUTION – Water Treatment Plant Improvements - BID #09-09-305

 

Commissioner Frankel moved to read.  Seconded by Vice Mayor Cangemi.

Attorney read:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND GILMORE ELECTRIC CO.  INC. FOR THE WATER TREATMENT PLANT IMPROVEMENTS (BID # 09-09-305) FOR AN AMOUNT NOT TO EXCEED $1,887,000,00; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.

 

 

Public Works Director, Mike Shields, presented the item.  Mr. Shields said this will start the improvements to the water plant that they have been working on for the past few years.  He said we went out to bid for the instrumentation and control portion of it and five bids were received.  He said, based on the bid tabulation, that it was a tight bid and within the limit anticipated.  Mr. Shields said Chen and Associates did the background check on Gilmore Electric, and that Ian Gurley and Randall Loveland were present from the company.  Mr. Shields advised that they will be sitting down for contract negotiations in the next few weeks. 

 

Commissioner Frankel moved to approve.  Vice Mayor Cangemi seconded. 

Commissioner Hilton commented that he is glad that we talked about this in May and the decision was made to go out to bid and based on the numbers that were presented back in May, we came out ahead by going to bid.  Further, Commissioner Hilton said we should continue to go out to bid, instead of rolling over some of our contracts, to get better pricing.  

Clerk polled Commission.  All yes.

 

RESOLUTION NO.  09-11-5512  PASSED AND APPROVED UNANIMOUSLY

 

 

e.       RESOLUTION – Purchase of Additional Sewage Capacity

 

Commissioner Hilton moved to read.  Seconded by Commissioner Frankel.

Attorney read:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER TO BE AUTHORIZED TO ENTER INTO THE ATTACHED AGREEMENT WITH BROWARD COUNTY FOR THE PURCHASE OF AN ADDITIONAL .60 MGD’S SEWAGE CAPACITY AMENDING RESOLUTION 09-06-5454 AND INCREASING THE EXPENDITURE AMOUNT FROM $550,000 TO $785,000; AND PROVIDING AN EFFECTIVE DATE.

 

Public Works Director, Mike Shields, presented the item, based on his memorandum.  Mr. Shields said that some time ago they were given a number by Broward County to purchase the capacity, but one of the municipalities that was going to buy some capacity dropped out of the need for it and because of that, the formula changed, causing us now to spend more money.  He said we called the County to make sure the formula was correct. 

 

Commissioner Hilton moved to approve.  Seconded by Vice Mayor Cangemi.  No discussion.  Clerk polled Commission.  All yes.

 

RESOLUTION NO.  09-11-5513  PASSED AND APPROVED UNANIMOUSLY

 

 

f.       SUBJECT - Community Shuttle Bus Operation Bid

 

Parks and Recreation Director, Mike Sargis, said this past year we entered into the final year of an agreement with Limousines of South Florida for the operation of the Community Shuttle Bus.  He said this year’s cost to the vendor is $32.00 per hour; the County pays $15.00 and the City pays an additional $5.00 because the County cut their contribution from $20.00 to $15.00.  Mr. Sargis said the contract is set to expire at the end of September, 2010, so we need to start putting the bid process together.  He said there are only two vendors in Broward County that run the service, and Limousines of South Florida has approximately 90% of the contracted services.  Mr. Sargis said he plans to put a bid together and offer it after the new year.

 

MOTION:  Authorizing the City Manager or her Designee to prepare, offer, and evaluate an RFP for the City’s Community Shuttle Service, and to present a detailed agenda item before the Commission for awarding of an agreement before the expiration of the current contract in September 2010.

 

Commissioner Hilton moved to approve.  Seconded by Vice Mayor Cangemi.  No discussion.  Clerk polled Commission.  Motion approved Unanimously.

 

 

9.                  REPORTS

 

a.      Status of Football Program - Mike Sargis reported that there are some issues with the Youth Football Program, which is a Bi-City League, run by a private group, made up of kids from North Lauderdale and Margate.  Mr. Sargis reported the issues, and plans they need to address for the upcoming season.  He said if the League isn’t capable of re-developing its plan, maybe the Parks and Recreation Dept. could develop an in-house plan to offer some type of Youth Football Program, but that they do not have the fields to accommodate home games due to burrowing owls and also minimal parking.  Mayor Brady said he would like to help the program and after discussion on options, Mr. Sargis said he will keep the Commission informed.

 

10.              COMMISSION COMMENTS

 

Mayor Brady commented that he would like to hold a Workshop to discuss City business on Monday, November 23, 2009 at 5:30.  Commission consensus was yes.

 

 

11.              CITY MANAGER COMMENTS

 

City Manager Bhatty provided a flyer to the Commission which outlines all the upcoming holiday events and activities.

 

12.              CITY ATTORNEY COMMENTS

 

City Attorney Goren commented that the City is involved in litigation with Tuscany Village which is a mobile home park, which has been under Code Enforcement review as well as litigation.  He said under Chapter 282, in order to be able to have a shade session with the Commission, he would like to request the time convenient to the parties so that a special meeting could be scheduled, probably in December, to discuss the status of Tuscany. 

 

Mr. Goren also commented on bills pending in session in Tallahassee.  One bill is “texting while driving”, and Mr. Goren reminded that recently he sent a copy of an Attorney General Opinion to Parkland, on that to the Commission.  He commented that Chapter 316 relates to traffic citations and says there must be a uniform method of dealing with the subject matter.  Mr. Goren said there are currently about 5 bills pending to have a statewide law.  Also, Mr. Goren said there are several bills dealing with youth and the use of cell phones in vehicles.  Mr. Goren commented that two important bills are a State Bill 444 and the equivalent House Bill 271, which embraces the Honest Services Act in Federal Law, as a State Statute.  Mr. Goren also advised of a bill which would provide for 12 year term limitations for house, state and local officials.

 

13.              ADJOURNMENT – There being no further business, the meeting adjourned at 7:12 p.m. and convened to the North Lauderdale Recreation Foundation.

 

 

Respectfully submitted,

 

 

 

Patricia Vancheri

City Clerk