CITY OF
COMMISSION MEETING
3(a)
FEBRUARY 24, 2009
REGULAR MEETING
–7:00 p.m.
THE NORTH LAUDERDALE
RECREATION FOUNDATION, INC.
(Immediately
Following Regular Commission Meeting)
MINUTES
The North Lauderdale City Commission met on Tuesday, February 24, 2009 at the Municipal Complex. The meeting convened at 7:02 p.m.
1. INVOCATION AND PLEDGE OF ALLEGIANCE – Mayor Brady gave the invocation.
2.
ROLL CALL – All present
Mayor
Vice Mayor
Commissioner
Commissioner Rich Moyle
Commissioner David G.
Hilton
City Manager
City Attorney Samuel S.
Goren
3.
APPROVAL OF MINUTES
a.
February 10, 2009 – Commissioner Frankel moved to approve the minutes as submitted. Seconded by Vice Mayor Cangemi. All in favor.
4.
PRESENTATIONS
a.
Public Safety Department Annual Report
Police Chief, Lou Cavallo, addressed the Commission and stated that
they are presenting the Annual Report, and mentioned that 2008 had obstacles
for the Country with the economy which unfortunately impacts law enforcement
and the trend is that when the economy is down, crime goes up, as reflected in
some of the numbers for 2008. He said
they are taking a lot of efforts and operations against crimes and have had
successful apprehensions recently and is hopeful that 2009 will be a better
year for everybody. Chief Cavallo said
the crime rate is not limited to
Lt. Ed Sileo started the power point presentation by
saying the district has had some interesting crime trends of late, good and
bad, but the productivity of the deputies in North Lauderdale in providing to
the residents is fantastic. The Power
Point presentation covered organizational facts of the district, including
staff positions. Lt. Sileo mentioned
that there are some vacancies amounting to $350,000.00 in savings to the
City. Lt. Sileo stated that they
continue with their community involvement by attending all Homeowner
Association meetings throughout the year.
Also, they play an important role in BSO and City events and programs,
such as North Lauderdale Days, Broadview Bazaar, National Night Out and
Wal-Mart Holiday Shopping Spree and have contributed $5,000 to the Boys and
Girls Club from the BSO trust fund to offset the increase in membership dues to
the youth. He said these were all
successful events and the community has a great time. He thanked Wal-Mart as well for the holiday
shopping spree which is much appreciated by the underprivileged kids. Further .; he stated that Citizens on Patrol
Program is doing phenomenal in patrolling the neighborhoods and that more
volunteers are completing the academy.
Lt. Sileo said the Explorer program partners with other Explorer
programs in the County and it is nice to have the young ones involved. Also, he said that the
Fire Chief, Kevin Bowman, addressed the Commission to give a brief
report on Fire Rescue Activities during 2008.
He said they ran a little over 4,000 calls and the trend has been going
slightly down, but they run approximately twelve 911 calls per day. They ran 2,530 emergency medical calls and
transported over 2,100 of those to hospitals.
The year’s fire loss in structures was $1,300,000, which included a
shopping center. Chief Bowman said that
they keep their fire loss to a minimum due to an active fire inspection
program. He said there are 604
businesses in town and they have completed inspections on 589 of them, which
means 98% of all businesses have received inspections from a certified fire
inspector last year. Chief Bowman
reported that the average response time is 4 minutes 43 seconds, which meets
the national standard which says that your response time should be under 5
minutes.
Mayor Brady said the Fire Department is doing a great job. City Manager Sala thanked the Fire Chief, and
said these up-to-date reports are important when looking at budget and service
issues. Also, Mr. Sala thanked BSO for
their report and congratulated Chief Cavallo on being accepted to a ten week
command officer training course to advance to the next level. He said Chief Cavallo oversees both divisions
of public safety, Police and Fire, and said that he is one of a few that have
been selected to go to Boston University/Harvard Executive Management Program
and congratulated him for that. Further,
Mr. Sala said that he saw first hand, by being involved with both departments,
how much work goes behind public safety and that hearing the reports and seeing
the figures are just part of it. He said
he is appreciative of all the hard work they put in to keeping our residents
safe, with no complaints.
5.
PUBLIC DISCUSSION
Mike Brown, of
Luis
Davila, of SW 77 Avenue, addressed
the Commission and asked about sidewalk gutters. He said there is hole on the corner of his
street that he has to fill up with rocks because the traffic goes into the
swale and creates a hole and he wants gutters.
Also, Mr. Davila spoke about the school building and suggested making it
a nursing home for veterans. Mayor Brady asked Mr. Davila to speak to the
Public Works Director regarding the gutters.
Tony
Mijares,
6.
CONSENT AGENDA
No Items were pulled from
consent. Commissioner Moyle made a
motion to read; seconded by Vice Mayor Cangemi.
Attorney read:
a.
RESOLUTION –Tyler Technology (“MUNIS”) Annual Maintenance / License Payment
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
RESOLUTION NO. 09-02-5407
b.
RESOLUTION – Urging Members of the
A
RESOLUTION OF THE CITY OF NORTH LAUDERDALE SUPPORTING THE LEGISLATIVE ACTION
AGENDA OF THE FLORIDA LEAGUE OF CITIES AND URGING MEMBERS OF THE FLORIDA
LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2009 LEGISLATIVE
SESSION.
RESOLUTION NO. 09-02-5408
This item was approved under consent agenda, but was temporarily pulled
as Mayor Brady allowed Michael Brown, who commented earlier on Public
Discussion, to comment on this item.
Mr. Brown voiced his opinion specifically about the property tax cap
issue and the special assessments for law enforcement services issue. Mr. Brown commented that he did not like this
type of taxation by special assessment.
c.
RESOLUTION – 6570 Office Copier Replacement and
Lease Agreement
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF
RESOLUTION NO. 09-02-5409
Commissioner Frankel moved to approve consent agenda as read. Seconded by Vice Mayor Cangemi. No Commission discussion. Clerk polled Commission. All yes.
CONSENT AGENDA APPROVED
UNANIMOUSLY
7.
OTHER BUSINESS
a.
ORDINANCE - First
Commissioner Frankel moved to read; seconded by Vice Mayor Cangemi.
Attorney read:
AN ORDINANCE OF THE
CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 70 OF THE NORTH LAUDERDALE
CODE OF ORDINANCES, ENTITLED “UTILITIES”, BY SPECIFICALLY AMENDING SECTION
70-6, ENTITLED “BILLING PROCEDURE, DELINQUENT ACCOUNTS”: PROVIDING FOR AN
AMENDMENT TO THE CITY’S BILLING PROCEDURES FOR DELINQUENT UTILITY ACCOUNT
PAYMENTS; PROVING FOR A LATE FEE FOR DELINQUENT UTILITY PAYMENTS; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
Steven
Chapman, Finance Director, presented the item.
Mr. Chapman advised that there were inconsistencies in the utility
billing procedures and they are bringing this to the Commission for an
amendment. Mr. Chapman found that with
the new Opus billing system, the procedures for billing have been difficult to
implement and many residents are confused by the timing of the late payment and
delinquency charges. In reviewing the
Ordinance, Mr. Chapman found that the
original disconnect time was 32 days and that they needed to extend that
time to 44 days so that the billing cycle would be able to go through proper
steps. The citizens will be able to understand the process, billing
notification could be given in an appropriate amount of time, fees could be
collected in an appropriate amount of time and then disconnects could be done
if it comes to that point. Mr. Chapman
said the amended ordinance will accomplish all of that.
Commissioner Frankel asked if this would address the previous problem
brought to their attention by a resident having a disconnect fee charged when
the water was not actually turned off.
Mr. Chapman responded that one of the very first things he looked at was
how this was being done, and they have made the corrections to assure that the
disconnect fee was being charged only if the water had to be turned off by
going out to the property. Mayor Brady
said that there were many complaints from residents about this issue and he
wanted to make sure that it was corrected.
Mr. Chapman explained that the changes to the ordinance, by lengthening
the time before the disconnect, will allow for people to be notified, see the
late payment fee on their bill after they have already been delinquent for one
month, and then they will have the full
period of time to pay their bill before any disconnection proceedings are
started.
Mr. Sala commented that they are trying to be sensitive to the issue, but
that they are in a cycle now of coming before the Commission to change how this
Ordinance works for the residents, while still being conscious of uncollected
water fees that will have to be funded somehow and the down side is that you
may be pumping 45 days of water use that will not be collected. In the long run, Mr. Sala said this will be a
financial issue later, and that he is trying to react to the Commission’s
direction, but that being sensitive is going to cost the City, as they move
forward with this change.
Commissioner Moyle asked why we are so concerned with the time
frame. He said obviously from the
enactment of this ordinance or changes thereto, there was a mistake, and people
who did not actually have a turnoff but paid a $10.00 fee should be refunded if
it’s our fault, but he doesn’t understand why the time frame has to be 44
days. Mr. Chapman explained that the way
the ordinance is written, they are using the billing cycle as notification, and
the billing cycle is 30 days. For
example, if the bill is due on February 2nd, the bill would become
delinquent on the 17th, which is 15 days, and by March 2nd,
the beginning of the next billing cycle, under the current ordinance, they
would get a past due notice, and the water should be disconnected on March 4th,
which is the 32nd day, and the late payment would be applied by
March 7th and due by the 15th. The new ordinance would change it to February
2nd billing is out, February 17th it becomes delinquent
and by March 2nd we give a past due notice and apply a $15.00 late
payment fee and that way the individual is aware that they are late and owe a
late payment fee. On March 16th,
which is the next normal payment date, we would be disconnecting service
because then they would be two months late, which is also the 44th
day from the original billing date.
Commissioner Moyle stated that water is essential to all of us and other
utilities such as cell phones get turned off as soon as it becomes delinquent,
and the water bill should state that if it isn’t paid it gets turned off. He thinks it has been confusing to the
residents. Commissioner Hilton said the new ordinance makes it very clear.
Commissioner Frankel made a motion to adopt. Seconded by Vice Mayor Cangemi. Clerk polled Commission. All yes.
ORDINANCE PASSED AND ADOPTED
ON FIRST READING UNANIMOUSLY
b. RESOLUTION – Disaster Recovery Grant
–Awarding of Contract Authorization for City Manager to Negotiate and Enter
into an Agreement with Top Ranked Firm to Provide Consulting Services for the 2005
Community Development Block Grant Disaster Recovery Initiative Funding CDBG/DRI
(RFP 08-10-301) Rounds 1 Contract #07DB-3V-11-16-01-Z-08 & 2 Contract #08DB-D3-11-16-01-A-06
Attorney Goren read Items 7 (b) (i) and 7 (b) (ii) together, for the purposes of discussion, but separate motions will be required:
Community Development Director,
Ms. Reed-Holguin introduced Dr. Rosenbaum, the President of New Communities Strategies and Mary Dunning, who works for the firm, who were present to address the Commission. Ms. Dunning said they were happy to be here and look forward to working to spend the money wisely and advised that the DRI money has been in a holding pattern due to factors out of the control of the County and the City, and they are happy that things are moving along and look forward to assisting the residents.
Mayor Brady said the Staff did a good job and there was no Commission discussion.
i.
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, ACCEPTING THE RANKINGS OF THE
EVALUATION COMMITTEE FOR CONSULTING SERVICES FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE FUNDING (CDBG CONTRACT
#07DB-3V-11-16-01-Z-08 AND #08DB-D3-11-16-01-A-06) RANKING NEW COMMUNITY STRATEGIES AS THE TOP RANKED FIRM; AND PROVIDING AN
EFFECTIVE DATE.
Commissioner Frankel moved to
approve Item 7(b) (i). Vice Mayor
Cangemi seconded the motion. No Commission discussion. Clerk polled
Commission. All yes.
RESOLUTION NO. 09-02-5410 APPROVED UNANIMOUSLY
ii.
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND ENTER
INTO AN ACCEPTABLE AGREEMENT FOR CONSULTING SERVICES FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT/DISASTER RECOVERY INITIATIVE (CDBG/DRI) GRANTS, WITH A COMPLETION DATE OF MAY 2009 FOR
ROUND 1 (CDBG CONTRACT #07DB-3V-11-16-01-Z-08) CONTINGENT UPON RECEIPT OF AMENDED GRANT AWARD AGREEMENT FOR DRI FUNDS
AND NOTICE TO INCUR COSTS AND FOR SERVICES ASSOCIATED WITH ROUND 2 FUNDING
(CDBG CONTRACT #08DB-D3-11-16-01-A-06) CONTINGENT UPON RECEIPT OF RELEASE OF FUNDS FROM BROWARD COUNTY AND
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS WITH A COMPLETION DATE OF JUNE
2010; AND PROVIDING AN EFFECTIVE
DATE.
Vice Mayor Cangemi moved to approve Item 7(b) (ii). Seconded by Commissioner Frankel. No Commission discussion. Clerk polled Commission. All yes.
RESOLUTION NO. 09-02-5411 APPROVED UNANIMOUSLY
c. RESOLUTION – Poll Worker Agreement for 2009
November Election
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,
APPROVING THE AGREEMENT BETWEEN THE CITY AND THE SUPERVISOR OF ELECTIONS OF
BROWARD COUNTY TO PROVIDE POLL WORKER SERVICES TO THE CITY FOR THE NOVEMBER 3,
2009 GENERAL MUNICIPAL ELECTION, ATTACHED HERETO AS EXHIBIT “A” AND
INCORPORATED HEREIN; DIRECTING THE APPROPRIATE CITY OFFICIALS TO TAKE ANY AND
ALL STEPS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Goren stated that this document reflects the need, under Florida law,
since the November 3, 2009 election is out of cycle by amendment to the charter
a couple of years ago, to provide for the services of the Broward County
Supervisor of Elections to canvass the election, certify the election and
provide pollworkers.
Commissioner Frankel moved to
approve. Seconded by Vice Mayor
Cangemi. No Commission discussion. All in favor.
RESOLUTION NO. 09-02-5412
APPROVED UNANIMOUSLY
8.
COMMISSION COMMENTS
Commissioner Moyle said recently
9.
CITY MANAGER COMMENTS – No comments.
10.
CITY ATTORNEY COMMENTS
a. Proposed
Bill on Local Option Surtax for Emergency Fire Rescue Services -
City Attorney Goren said that there is now a
House Bill and a Senate Bill regarding the local option surtax for emergency
fire rescue services. He said the
Chief’s Association of Broward County opposed this bill on the record and said
that this is a dangerous document which extricates the home rule power and
further explained the bill as indicated in his backup memo.
Commissioner Hilton made a
motion to direct the City Attorney to draft a resolution to oppose House Bill
365 and Senate Bill 1000. Seconded by
Vice Mayor Cangemi. All in favor.
11.
ADJOURNMENT – There being no further discussion,
the meeting convened at 8:35 p.m. and reconvened to the North Lauderdale
Recreation Foundation, Inc.
Respectfully submitted,
Patricia Vancheri