CITY OF NORTH LAUDERDALE

COMMISSION MEETING

 

TUESDAY, APRIL 29, 2008

 

MINUTES

 

The North Lauderdale City Commission met on April 29, 2008 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 – All present.

            Mayor Jack Brady

            Vice Mayor John R. Cangemi

            Commissioner Gary Frankel

            Commissioner Rich Moyle

            Commissioner David G. Hilton

            City Manager Richard D. Sala

            City Attorney Samuel S. Goren

            Interim City Clerk Patricia Vancheri

 

3.                  MINUTES

a.      April 8, 2008 Regular Meeting

b.      April 18, 2008 Legislative Workshop

 

Commissioner Frankel made a motion to approve the minutes of the April 8, 2008 Commission meeting and the minutes of the April 18, 2008 Legislative Workshop, as submitted.  Seconded by Vice Mayor Cangemi.  All yes.

 

MINUTES APPROVED UNANIMOUSLY

 

4.                  PRESENTATIONS

a.      Police Chief Lou Cavallo – Recognition for 30 years of Service

 

Mayor Brady said this was a huge milestone in anyone’s life as he presented an award to Police Chief Lou Cavallo for his 30 years of dedicated service from 1977 through 2007.  Chief Cavallo addressed the Commission and thanked them for the recognition.  He said he is very fortunate to be able to come to work in a place surrounded by longtime friends and enjoy the work and it always gets better.  He also acknowledged his fellow officers who work diligently with him.

 

5.                  PROCLAMATIONS

a.      Therapy Dog Awareness Day – City Clerk presented the item and indicated the need to make people aware of the importance of therapy dogs.  A signed Proclamation was forwarded to Puppy Love, a non-profit organization declaring May 10th, 2008 as Therapy Dog Awareness Day.

 

6.                  PUBLIC DISCUSSION – No one signed up to speak.

 

7.                  QUASI-JUDICIAL ITEMS  - None

 

8.                  ORDINANCES SECOND READING

 

a.                  ORDINANCE:   To Award Solid Waste Services Contract (Copy of Contract available on website or review in City Clerk’s Office)

 

City Attorney Goren read title:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, TO APPROVE THE FRANCHISE AGREEMENT WITH REPUBLIC SERVICES OF FLORIDA, L.P. D/B/A ALL SERVICE REFUSE (THE "CONTRACTOR") PROVIDING FOR REFUSE AND TRASH REMOVAL, INCLUDING RECYCLING SERVICES, ALL CONSISTENT WITH THE PROVISIONS OF SECTION 3.9 OF THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA; PROVIDING FOR ADDITIONAL FINDINGS AND CONCLUSIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR EFFECTIVE DATE.

 

Public Works Director Mike Shields said this came before the Commission for First Reading in March and was approved.  He said the basic highlights of the contract would be the same service levels city wide and the current contract will be ending September 30, 2008.  He said residential pick-ups will remain the same, 2 per week and bulk pick-up on each service day.  Mr. Shields said the entire city will now be on the same rate structure.  He said a fuel adjustment charge had to be put in the agreement because of the cost of fuel.  Further Mr. Shields said the Commission had asked for additional language for stricter regulations and the vendor was in agreement with it.  Mr. Shields said he is pleased to be giving the City a good contract.  Mr. Shields indicated that the vendor was present should the Commission have any questions.  Mr. Brady said the rate of $26.50 is a good price.  Mr. Shields said this contract will take effect on October 1, 2008, and will work with All Service and Waste Management to transition in the near future.  Mr. Sala thanked Mr. Shields and All Service for their work on this and said there were a lot of factors and changing issues, such as an annexation area; two different contractors; different prices and the variables were all different.  He said after having several meetings, they were able to bring something that works well for the whole city.

 

Commissioner Frankel made a motion to adopt.  Seconded by Vice Mayor Cangemi.

All yes.

 

ORDINANCE NO. 08-04-1207     PASSED AND ADOPTED UNANIMOUSLY

 

9.                  CONSENT AGENDA (None)

 

10.              OTHER BUSINESS

 

a.      RESOLUTION- Payment to Broward Sheriff’s Office for 2008 Youth

Baseball Program

Commissioner Frankel made a motion to read title.  Seconded by Commissioner Hilton.

Attorney read title:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND AUTHORIZING THE EXPENDITURE OF $10,845.00 TO THE BROWARD SHERIFF’S OFFICE OUT OF THE RECREATION DIVISION 171 FUND TO COVER THE SHERIFF’S FEE FOR THE 2008 YOUTH BASEBALL PROGRAM AND, PROVIDING AN EFFECTIVE DATE.

 

Motion to approve was made by Commissioner Frankel and seconded by Vice Mayor Cangemi.  Clerk polled Commission.  All yes.

 

RESOLUTION NO. 08-04-5328  PASSED AND ADOPTED UNANIMOUSLY

(For the record, the audio record of this Resolution was inadvertently quoted by the clerk as 08-04-5326)

 

b.       MOTION--Debris Collection Services - A Motion to rank and select the top two firms for the storm debris collection services and authorize the City Administration and City Attorney’s Office to negotiate and execute agreements with the top two (2) selected firms, with the top ranked firm being designated as the primary contractor for the City for the services.

 

City Attorney Goren stated that Item 10(b) was redirected to the Special Meeting Agenda on April 29, 2008 and was approved by the Commission appropriately.

 

 

11.              REPORTS

 

a. North Lauderdale Days 2008—Mike Sargis gave the commission an update of the North Lauderdale Day events beginning Friday, May 2 and Saturday, May 3.  He gave a report on the budget for the event and advised of the times and details for the events.

 

12.              COMMISSION COMMENTS

 

a.      Motion to Re-schedule Commission Meeting from Tuesday,

May 27, 2008 to Thursday, May 29, 2008 – (Vice Mayor Cangemi)

 

Commissioner Frankel moved to approve the rescheduling.  Seconded by Commissioner Hilton.  No Commission discussion. All in favor.

 

 

Commissioner Moyle asked about City Clerk applications and if they were going to interview.  Commission discussed it and directed that the interviews could be done on May 13, 2008 at the Commission meeting.

 

Mayor Brady mentioned the payment of the $250.00 to the Boys and Girls Club for sponsorship.

 

Motion to approve payment of the invoice for sponsorship was made by Commissioner Frankel.  Seconded by Vice-Mayor Cangemi.  All yes.

 

Mayor Brady said at the workshop there was a discussion about the water treatment plant expense rising and that they would like a report from Chen & Associates at the next meeting.

 

Motion was made by Vice Mayor Cangemi to have Chen & Associates present a report at the next Commission meeting.  Seconded by Commissioner Frankel  All yes.

 

13.              CITY MANAGER COMMENTS

 

Mr. Sala said grants have been received from the government for ADA (Americans with Disabilities Act) required improvements and renovations to the downstairs restrooms in City Hall, the Teen Center and the Aquatic Center and advised that it will be under construction.

 

14.              CITY ATTORNEY COMMENTS

 

Walk-on items:

Mr. Goren said that at the workshop on April 18, 2008, he was directed to draft some resolutions which he is presenting this evening.  The first is a monumental document with regard to the division of the State of Florida into a North and South portion.  He said it is not a secession resolution, but a document that suggests and requests that the wheels be set in motion to affect a line of demarcation to the North and South.

 

Attorney Goren read title:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, URGING THE UNITED STATES CONGRESS AND THE LEGISLATURE OF THE STATE OF FLORIDA TO CONSIDER DIVIDING THE STATE OF FLORIDA INTO TWO SEPARATE AND DISTINCT STATES PURSUANT TO THE AUTHORITY AS SET FORTH IN ARTICLE IV, SECTION 3 OF THE UNITED STATES CONSTITUTION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE PRESIDENT OF THE UNITED STATES, ALL MEMBERS OF THE UNITED STATES CONGRESS, THE GOVERNOR OF THE STATE OF FLORIDA, AND ALL MEMBERS OF THE FLORIDA LEGISLATURE, AS WELL AS ALL MUNICIPALITIES LOCATED WITHIN BROWARD COUNTY AND THE BOARD OF COUNTY COMMISSIONERS FOR BROWARD COUNTY, ALL MUNICIPALITIES LOCATED WITHIN MIAMI-DADE COUNTY, ALL MUNICIPALITIES LOCATED WITHIN PALM BEACH COUNTY AND ANY OTHER INTERESTED MUNICIPALITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

A motion to approve the Resolution was made by Vice Mayor Cangemi.  Seconded by Commissioner Frankel.  All in favor.

 

RESOLUTION NO. 08-04-5326   PASSED AND ADOPTED UNANIMOUSLY

 

Mr. Goren said the second Resolution is for a special assessment for police services, which was also discussed at the workshop, which requests the legislature to amend state law to provide for specific coverage for this issue, to become effective in 2010.

 

Attorney read title:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO AMEND SECTION 170.201, FLORIDA STATUTES, TO EXPAND THE ABILITY OF LOCAL GOVERNMENTS TO LEVY SPECIAL ASSESSMENTS TO FUND LAW ENFORCEMENT SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

A motion to approve the Resolution was made by Vice Mayor Cangemi.  Seconded by Commissioner Frankel.  All in favor.

 

RESOLUTION NO. 08-04-5327 PASSED AND ADOPTED UNANIMOUSLY

 

Attorney Goren briefed the Commission on the shade session process.  Mr. Goren said he requested the advice of the Commission for their advice on a case known as Tuscany Village Associates, LLC, a Florida Limited Liability Company vs. The City of North Lauderdale, a Municipal Corporation of the State of Florida, and Richard Sala, City Manager of the City of North Lauderdale, in Broward Circuit Court Case No. 08 11701(04) currently pending.  Pursuant to the provisions of Sec. 286.011(8) of the Florida Statutes, Mr. Goren said he is requesting a private session with the Commission to seek advice and guidance in connection with that matter.   Mr. Goren said it is 7:38 p.m. on Tuesday, April 29, 2008, and for the record, those present recessing to the shade session are Mayor Brady, Vice Mayor Cangemi, Commissioner Frankel, Commissioner Moyle, Commissioner Hilton, City Manager Sala, City Attorney Goren and outside special counsel, Michael Burke.

 

Mayor Brady recessed the meeting to the shade session.

 

At approximately 8:23 p.m. on April 29, 2008, the meeting reconvened and those present at the shade session were in the room. 

 

Mr. Goren said having received the direction and guidance from the Commission at the shade session, the public hearing can be adjourned.

 

15.              ADJOURNMENT – There being no further discussion, the meeting was adjourned at 8:24 p.m.

 

 

Respectfully submitted,

 

 

 

Patricia Vancheri

Interim City Clerk