CITY OF
COMMISSION MEETING
JULY 14, 2009
REGULAR MEETING –5:30
p.m.
MINUTES
1. INVOCATION AND PLEDGE OF ALLEGIANCE – Vice Mayor Cangemi gave the invocation.
2.
ROLL CALL – Clerk called roll. All present.
Mayor
Vice Mayor
Commissioner Gary
Frankel
Commissioner Rich Moyle
Commissioner David G.
Hilton
City Attorney Samuel S. Goren
3.
PROCLAMATION – This was a walk-on item. Clerk
Vancheri read into the record a Proclamation supporting the Americans with
Disabilities Act and recognizing Tuesday, July 23, 2009 as Americans with
Disabilities Appreciation Day.
4.
PUBLIC DISCUSSION
Mike Brown - 7504 SW 5th Street. Mr. Brown
commented that he listened in on the budget workshop and did not agree with the
City’s intentions to sell the school building.
Mr. Brown said he designed an innovative school in 1997 and has been
involved in the charter school movement and is disappointed that nothing came
of it. He also commented on his public
records request for funding information for the school. Mr. Brown indicated that if we sell the
school he will file a lis pendens and sue the City and try to spoil the sale,
because he is not happy with how the school was sold to the citizens in the
beginning. He commented that the City
has other ways to solve the school problem and voiced his opinion that the City
has failed in many areas. City Attorney
Goren interjected that if any member of the public would seek to block a sale
of City owned property, they should look carefully at what is called “slander
of title”, which is a serious issue affecting the sale of property, which could
subject the challenger to a serious liability problem. Mr. Goren said he would be happy to consult
with Mr. Brown, but urges him to consider other options to object to what he
considers to be legally appropriate to do.
Joe Janosik - 703 SW 74th Avenue. Mr. Janosik commented that as Vice Chair of
the Planning and Zoning Board, at the last meeting of the board, several people
came before them with requests for variances, and one was the Family Dollar by
81st and McNab Road. He said
they requested a sign on the building so people could see them from 81st
Avenue. He said the vote on that issue
came down to a 2-2 vote and died. Mr.
Janosik said, in his opinion, that we need to bow more toward maintaining
business and having more people come in to fill vacant buildings, and we should
be more business friendly. Mayor Brady
said that issue was brought to his attention and the City Manager is handling
that right now.
5.
QUASI-JUDICIAL ITEMS
Attorney Goren said items 5 (a), 5 (c) and 5 (d) are related and staff
will be presenting on each of the three, with applicant present. Item 5 (b) was tabled to a time
uncertain. Attorney Goren requested all
three be read into the record and to swear witnesses in with regard to all
three applications, hear staff presentation, then vote on all three separately.
Commissioner Hilton moved to read.
Seconded by Commissioner Frankel.
Attorney read the items and all participants were duly sworn in.
Tammy Reed-Holguin presented the items.
She indicated that the first item was for rezoning of the subject
property as indicated in her backup memorandum.
She stated that the City Commission unanimously approved the first
reading of the Ordinance rezoning the property on June 30, 2009, subject to 3
conditions listed in the staff memorandum, including being contingent upon the
plat approval which was approved as a preliminary plat at the last Commission
meeting and has been forwarded to the County, and tabled tonight until it comes
back for final approval. Ms.
Reed-Holguin commented that the applicant is present and can agree to the conditions
on the record.
The second item presented was the variance request for an accessory
structure which is to place a guardhouse at a 36.6 foot setback instead of the
required 75 foot setback. Ms.
Reed-Holguin said this variance will put them in line with the existing
building on the property and will also provide security onsite. She said the other variance is a request for
and 8 foot fence, instead of 6 foot. Ms.
Reed-Holguin stated that it meets the criteria provided for in Section
106-184(b)(2) of the Code and the City Commission unanimously approved the first
reading on June 30, 2009, and she is seeking approval on second reading,
including the 2 conditions outlined in staff memorandum.
The third item presented was for final approval of a Site Plan to erect a
guardhouse and an 8 foot perimeter fence.
Ms. Reed-Holguin indicated that the City Commission unanimously approved
the preliminary site plan on June 30, 2009, and is seeking approval on second
reading subject to the 7 conditions listed in staff memorandum.
Mayor Brady opened Public
Hearing. No one spoke. Public Hearing closed.
a.
ORDINANCE – Second Reading
SUBJECT: REZONING ZLU
08-01
(Southside
of
Zoning
amendment to the City of North Lauderdale Zoning Map to rezone the subject
property from Mobile Home (MH) to Parcel A Community Facility (CF), (1.7371
acres) & Parcel B to Community Business (B-2), (2.1142 acres) a total of
3.8513 acres.
APPLICANT: Keith M. Poliakoff,
AN ORDINANCE OF
THE CITY OF NORTH LAUDERDALE, FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN THE
CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, TO WIT:
TRACT OF LAND IN THE NORTHWEST ONE--QUARTER (NW ¼) OF SECTION 18, TOWNSHIP
49 SOUTH, RANGE 42 EAST AS RECORDED IN BOOK 3128 AT PAGE 352 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA, SAID TRACTS BEING MORE PARTICULARLY DESCRIBED ON EXHIBIT
"A" ATTACHED HERETO FROM ZONING CLASSIFICATIONS MOBILE HOME (MH) TO COMMUNITY FACILITY (CF,
1.7371 ACRES) AND COMMUNITY BUSINESS (B-2 , 2.1142 ACRES); PROVIDING THAT THE OFFICIAL
ZONING MAP OF THE C1TY OF NORTH LAUDERDALE SHALL BE AMENDED TO REFLECT SAID
REZONING; PROVIDING FOR CONFLICTS:
AND, PROVIDING AN EFFECTIVE DATE.
Commissioner Frankel moved to
approve Item 5(a). Seconded by
Commissioner Hilton. Roxanne
Feldman, from Becker & Poliakoff, representing the applicant, and
applicant, Dr. Joseph Valbrun, addressed the Commission. Mayor Brady asked for their approval of
the conditions outlined by staff. Dr.
Valbrun answered yes. No Commission
discussion. Clerk polled
Commission. All yes.
ORDINANCE NO. 09-07-1223
PASSED AND ADOPTED UNANIMOUSLY
|
b.
ORDINANCE
– Second Reading {TABLED
TO TIME UNCERTAIN} SUBJECT: PLT 07-03
(Preliminary Plat Approval) ( Preliminary approval to plat 53,000
square feet for private school and 160,000 square feet for commercial use at
Northwest one-quarter (NW ¼) of section 18, Township 49 South, Range 42 East
(approximately 3.8513 acres) as recorded in Book 3128, at Page 352 of Public
Records of Broward County, Florida to be known as “Temple Messianique Plat”
to be used for retail development and community facility use. APPLICANT: Global Ministries of |
c.
ORDINANCE
– Second Reading
SUBJECT: VAR- 08-02 Charter School
of North Lauderdale
Variance
to allow Guardhouse Site Plan Design on Setbacks-Section 106-420 (1), Fence
Height Section 106-184 (b).
APPLICANT: Temple Messianique Inc.
AN ORDINANCE OF THE CITY OF NORTH
LAUDERDALE, FLORIDA, APPROVING AND GRANTING A VARIANCE FROM THE NORTH
LAUDERDALE CODE OF ORDINANCES, SECTION 106-420 (1) TO PERMIT 36.6 FEET BUILDING
SETBACK FOR ACCESSORY STRUCTURE, AS OPPOSED TO THE 75 FEET REQUIREMENT ALLOWED
BY THE CODE SECTION 106-184 (B) TO PERMIT 8
FEET HIGH FENCE AS OPPOSED TO THE 6 FEET HIGH FENCE REQUIREMENT ALLOWED BY THE CODE;
PROVIDING FOR STIPULATIONS AND CONDITIONS; PROVIDING THAT PROVISIONS NOT VARIED
BY THIS ORDINANCE REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR CONFLICTS;
AND, PROVIDING AN EFFECTIVE DATE.
Mayor Brady opened Public
Hearing. No one spoke. Public Hearing closed. Commissioner Frankel moved to approve Item 5(c). Seconded by Commissioner Hilton. Mayor Brady asked applicant if they approve
of the recommendations. Dr. Valbrun
answered yes. Clerk
polled Commission. All yes.
ORDINANCE NO. 09-07-1224
PASSED AND ADOPTED UNANIMOUSLY
d.
SUBJECT: SITE PLAN - SPR 08-01 (Temple Messianique)
Final Site Plan approval to erect a guardhouse and an 8 foot fence at
APPLICANT: Temple Messianique,
Inc.
Mayor Brady opened Public
Hearing. No one spoke. Public Hearing closed.
Commissioner Frankel moved to approve Final Site Plan. Seconded by Commissioner Hilton. Mayor Brady asked applicant if they approve
the recommendations of staff. Applicant
answered yes. Vice Mayor Cangemi
asked if parking and egress was okay for fire department and she answered, yes,
the site plan is already built, this is just for approval of the guardhouse and
the fence, and the parking is sufficient.
Attorney Goren interjected that if approved, a Final Order would be
signed by the applicant approving the conditions. No
Commission discussion. Clerk polled
Commission. All yes.
MOTION APPROVED UNANIMOUSLY
6.
CONSENT AGENDA
Attorney Goren advised that Item 6(b) should be pulled from consent
agenda for a correction.
Commissioner Hilton moved to pull Item 6(b) from consent and read the
remainder. Commissioner Frankel seconded.
All in favor.
Attorney read:
a.
RESOLUTION –Law Enforcement Trust Fund
Purchases
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING THE RECOMMENDATION OF THE CITY
ADMINISTRATION AND THE BROWARD SHERIFF’S OFFICE AND AUTHORIZING AN EXPENDITURE
IN THE AMOUNT NOT TO EXCEED $ 10,000 FROM THE LAW ENFORCEMENT TRUST FUND FOR support of the North Lauderdale Recreational
Foundation AND FOR NORTH LAUDERDALE Boys and Girls Club memberships; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. 09-07-5462
|
THIS ITEM WAS PULLED FROM
CONSENT: b.
RESOLUTION – Calling November Election A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF NORTH LAUDERDALE, FLORIDA, CALLING AND PROVIDING FOR A GENERAL
MUNICIPAL ELECTION TO BE HELD ON THE 3RD
DAY OF NOVEMBER, 2009, TO PROVIDE FOR THE ELECTION OF MAYOR AND ONE
COMMISSIONER EACH FROM DISTRICTS “A” AND “B”; PROVIDING FOR TIMES OF SAID
ELECTION; PROVIDING FOR POLLING PLACES; AND PROVIDING AN EFFECTIVE DATE. |
c.
2010
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO SUBMIT AN APPLICATION FOR A 2010 BROWARD COUNTY EMS COMPETITIVE GRANT IN AN AMOUNT NOT TO EXCEED $37,500 TO PROVIDE FUNDING FOR THE PURCHASE OF INVENTORY CONTROL SYSTEMS FOR FIRE STATIONS 34 AND 44; PROVIDING FOR FINDINGS AND CONCLUSIONS WITH REGARD TO THE BENEFITS TO BE DERIVED BY ACCEPTING SUCH GRANT FUNDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. 09-07-5464
Commissioner Frankel moved to
approve consent agenda as read. Seconded
by Commissioner Hilton. All in favor.
CONSENT AGENDA APPROVED
UNANIMOUSLY
PULLED ITEM 6(b):
Commissioner Hilton moved to
read Item 6(b). Commissioner Frankel
seconded. All in favor. Attorney read:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, CALLING AND PROVIDING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD ON
THE 3RD DAY OF NOVEMBER, 2009, TO PROVIDE FOR THE ELECTION OF AN
AT-LARGE MAYOR; ONE COMMISSIONER FROM DISTRICT “A” AND ONE COMMISSIONER FROM
DISTRICT “B”; PROVIDING FOR TIMES OF SAID ELECTION; PROVIDING FOR A QUALIFYING
PERIOD; PROVIDING FOR POLLING PLACES; AND PROVIDING AN EFFECTIVE DATE.
Commissioner Frankel moved to approve Item
6(b) as read. Commissioner Hilton
seconded. All in favor.
RESOLUTION NO. 09-07-5463
PASSED AND ADOPTED UNANIMOUSLY
At this point, before moving on, Mayor Brady acknowledged State
Representative, Gwendolyn Clarke-Reed in the audience and she approached the
dais. Representative Clarke-Reed
introduced herself and said she has two precincts in North Lauderdale and
wanted to come and report on the end of the legislative session. She wanted to let her districts know that the
things that affect our local government.
She indicated that the trust funds that were swept this year were
numerous and the dollars that would be for housing programs were taken out and
went into the general revenue stream to make up the budget deficit. She also said they were unable to do anything
regarding the housing collapse and foreclosures, which North Lauderdale has a
problem with, as well as Broward County.
She said hopefully next year the legislature will look at this when they
go back into session during the first week in October. Further, Representative Clarke-Reed said if
the City has any issue they want brought forth, to please get it to her and she
will look at it to see what they can do.
She thanked people who called and wrote and hopes they will continue to
do so, because as our State Representative she said she has a responsibility to
us. Mayor Brady thanked her for coming
to speak. Attorney Goren commented that
State Representative Clarke-Reed was highly responsive to North Lauderdale and
he is very grateful on behalf of his office, City Administration and City
Commission.
7.
OTHER BUSINESS
a.
RESOLUTION - Adoption of a Tentative Millage Rate for the General Operating Budget
and Debt Service for Fiscal Year 2009/2010
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, ADOPTING A TENTATIVE MILLAGE RATE OF 6.9185 MILS FOR GENERAL OPERATING
BUDGET PURPOSES AND A TENTATIVE MILLAGE RATE OF .2363 MILS FOR DEBT SERVICE FOR
A TOTAL COMBINED MILLAGE RATE OF 7.1548 MILS FOR FISCAL YEAR 2009/2010
PROVIDING FOR THE ESTABLISHMENT OF AND SETTING FORTH THE DATE, TIME AND PLACE
OF THE FIRST PUBLIC HEARING TO FORMALLY ADOPT THE FISCAL YEAR 2009/2010 MILLAGE
RATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Steven Chapman, Finance Director, presented the item. Mr. Chapman advised that this Resolution would provide for the notification to the Property Appraiser’s office of our tentative millage for FY 2010. He said the operating millage will be 6.9185 and the debt service will be .2363, and in addition to that we will also be notifying the Property Appraiser’s office of the date of the first budget meeting, which will be September 14th, 2009. All of this information will be placed on the TRIM notices that will be mailed by the Property Appraiser’s office sometime before August 24th.
Commissioner Frankel moved to adopt. Seconded by Commissioner Hilton. No Commission discussion. All in favor.
RESOLUTION NO. 09-07-5465
PASSED AND ADOPTED UNANIMOUSLY
b. RESOLUTION
– Amendment to 35th Year
(2009-2010) Community Development Block Grant Programs
Commissioner Frankel
made a motion to read. Seconded by
Commissioner Hilton. All in favor.
Attorney read title:
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 FILE SUCH DOCUMENTS
AS MAY BE REASONABLY REQUIRED TO AMEND THE 35th YEAR (FISCAL YEAR
OCTOBER 2009 – SEPTEMBER 2010) COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION IN
THE AMOUNT OF $236,689 TO
ELIMINATE THE FIRST-TIME HOMEBUYER PROGRAM AND TRANSFER THE FUNDING FOR THE
CREATION OF A HOUSING REHABILITATION TO WORK WITH THE CODE ENFORCEMENT PROGRAM IN HELPING IN THE PREVENTION
OF PROPERTY DETERIORATION CONTRIBUTING TO SLUM AND/OR BLIGHTED CONDITIONS;
PROVIDING THAT THE CITY MANAGER SHALL BE AUTHORIZED TO EXECUTE GRANT AMENDMENTS
AND TO IMPLEMENT SAID PROGRAM IF AND WHEN THE AMENDMENT 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.
Community Development Director, Tammy Reed-Holguin presented the item. Ms.
Reed-Holguin stated that tonight they are requesting approval to submit an
Amendment to
Commissioner Frankel moved to
adopt. Seconded by Commissioner
Hilton. No Commission discussion. Clerk polled Commission. All yes.
RESOLUTION NO. 09-07-5466 PASSED AND ADOPTED UNANIMOUSLY
c.
RESOLUTION - Environmental Protection Agency’s
Climate Showcase Communities Grant Program
Commissioner
Frankel moved to read. Seconded by
Commissioner Hilton.
Attorney
read:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY
TO SUBMIT AN APPLICATION FOR AN
ENVIRONMENTAL PROTECTION AGENCY CLIMATE SHOWCASE COMMUNITIES GRANT IN AN AMOUNT
NOT TO EXCEED $300,000 TO PROVIDE FUNDING FOR THE PURCHASE OF HYBRID VEHICLES
FOR USE IN THE CITY’S CODE ENFORCEMENT FLEET; PROVIDING FOR FINDINGS AND
CONCLUSIONS WITH REGARD TO THE BENEFITS TO BE DERIVED BY ACCEPTING SUCH GRANT
FUNDS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Steven Chapman, Finance Director, presented the
item. Mr. Chapman said this grant
application will provide for 15 hybrid vehicles over a 3 year period. He stated that there is a 50% match for this
grant, which means that the grant is $300,000 and $150,000 from the City. We would get $50,000 a year from monies we
would normally have spent for replacement vehicles. Mr. Chapman said we will use these grant
matching funds to purchase hybrid vehicles and then shift the higher carbon,
less green, vehicles out of the fleet and bring greener vehicles into the
fleet. Mr. Chapman stated that this was
a competitive grant and we may not get it, but it is something to try for that
will help to subsidize the cost of our fleet and in addition, it is an
environmentally friendly program. City
Manager Bhatty stated that since we will be competing with other cities for the
grant, we have prepared some request letters to some of the elected officials,
such as Congressman Hastings and Representative Rogers and Commissioner Jacobs,
who is the Chairperson of the County Climate Change Task Force. Ms. Bhatty requested permission from
Commission to send those letters to seek their support. She also thanked Suzanna Laurenti, the grant
writer, who has been working hard to apply for these grants.
Commissioner Hilton moved to approve. Seconded by Commissioner Moyle. Commissioner
Moyle commented that it is a great idea and
the hybrids are excellent for saving gas and emissions. Clerk polled Commission. All
yes.
RESOLUTION NO. 09-07-5467
PASSED AND ADOPTED UNANIMOUSLY
At this point Mayor Brady interjected to thank BSO for the $5,000.00 to
the Boys and Girls Club and $5,000.00 to the North Lauderdale Recreation
Foundation, Inc. He said in these tough
economic times we need to keep our children occupied.
8.
REPORTS
a.
Utilities Update (No
report was given)
9.
COMMISSION COMMENTS
a.
Interim City Clerk Annual Evaluation - Attorney Goren stated that the contract with
the Interim City Clerk requires a periodic review of the scope of services and
performance. The Interim City Clerk
provided backup memorandum. Commissioner
Frankel commended Interim City Clerk for working hard and stated that upon
receipt of certification, would recommend elevation to City Clerk
position. Commissioner Hilton stated the
clerk is doing a good job, keeps him up on what goes on and he has a good
rapport with her. Mayor Brady also
commented that Interim City Clerk gives 110% and deals well with
residents. Commissioner Moyle concurred
with the Commission’s comments. Attorney
Goren said if the Commission wishes to transition the Interim Clerk to the
Clerk’s position it would require a contract modification which could be
brought back to Commission at the next meeting, to be effective on October 1,
2009.
Commissioner Frankel moved to
approve contract modification. Vice Mayor
Cangemi seconded. All yes.
Interim City Manager Bhatty interjected that although she is not a part
of the evaluation committee, she has worked closely with the Interim Clerk in
the last few years and she has come a long way.
b.
Rich Moyle - Commissioner Moyle stated that he wished to speak on the censure, but
read a quote first. He quoted prose from
Lucian Fuchold who said, “few persons have sufficient wisdom
to prefer censure which is useful to them, to praise which deceives them”. Commissioner
Moyle said that censure is nothing more than a reprimand; a statement of
disapproval by the governing body for what someone has said or done. It is not and cannot be an instrument for
removal by this board of the Commissioner from office. Further, he said, if I were the subject of a
possible censure, I would admit to and apologize for my wrong behavior; I would
asked to be censured without having a costly investigation and I would promise
to never again get involved in things that I am not authorized to be involved
with. Commissioner Moyle said Mr. Hall’s
report, for whatever reasons, has been delayed for longer than he expected and
the censure should have been swift so as not to interfere with the upcoming election;
nevertheless, here we are with the issue before us. He said it is important that we discipline
ourselves in these matters; if we do not, we run the risk of further public
distrust. Commissioner Moyle stated that
the Commissioner being considered has done everything to conceal his involvement
by deceiving the media and this board.
He said friends may have faith in him, but the evidence from his
deposition and the testimony in trial reveals a very different situation than
he would have us all accept as correct.
Commissioner Moyle further said he believes the evidence in this case is
sufficient enough to be sent with a complaint to the State Ethics Commission
and if this board chooses not to censure this Commissioner, the evidence will
go to the Ethics Commission in a formal complaint, and the State does have the
authority to remove the Commissioner from office for any ethics or sunshine law
violations.
c.
Mayor Brady – Mayor Brady commented that he talked to the Interim City Manager
regarding putting out an RFP for liability insurance. Interim City Manager said they can look into
it, but one of the concerns may be the timeline, because the insurance has to
be in place and fully executed before October 1, 2009. Attorney Goren said he sat with staff recently
to prepare to give the Commission the best possible answer regarding this
issue, and in the context of going out for an RFP or RFQ, it would be
impossible to take this to the street and evaluate, short list and review, hire
or engage a new contractor or vendor by October 1st. Attorney Goren suggested allowing staff some
time to develop a package, which should be reviewed carefully, as to the
subject, and to maybe put it out for the next fiscal year. He said the Finance Director also looked at
the timeline and voiced a similar concern. Mr. Goren said this is not just a policy of
insurance, but a comprehensive coverage issue for the City, currently held by a
particular carrier or trust, which includes not just liability, but property
damage, workman’s compensation and many things insurance related which require
some consideration in the packaging. He
said the intent is not to delay or defer, but only for the purposes just
explained. Also, he said it is a budgetary
concern, because there are costs related to cutting off and starting new
policies. Mayor Brady commented that he
brought this up in case there was an interest and go from there. Commissioner Moyle commented that we should
look at all the contracts to see if there are any savings available in
renegotiating contracts. Interim
City Manager Bhatty said that due to time constraints it would be impossible to
do a comprehensive package by October 1st, but that they could do
this early in the year and have it by next year’s budget planning process. Commissioner Hilton also commented that it is
something that needs to be looked at, since this issue has come up before and
has been dropped due to not enough time, or staff changes. Ms. Bhatty said they will start the RFP
process in January to have ample time.
Commissioner
Frankel moved to direct City Administration and City Attorney’s office to
coordinate in the preparation of an RFP or RFQ package for comprehensive
insurance coverages for the City. Seconded by Vice Mayor Cangemi. Clerk polled Commission. All yes.
d.
Mayor Brady – Commented that he would like the City to support the efforts of BSO and
other agencies to promote public safety by writing a letter to the Broward
County Commissioners to encourage their support.
Commissioner
Frankel made a motion to direct a letter to the Broward County Commission to
support public safety. Seconded by Vice
Mayor Cangemi. All yes.
10.
CITY MANAGER COMMENTS
11.
CITY ATTORNEY COMMENTS
a.
Discussion and possible action relating to the
Final Report of W. Earl Hall, Esq., regarding Commissioner Gary Frankel
Attorney Goren stated that the City Commission adopted Resolution No. 09-03-5415 on March 31, 2009, which
specifically provided for the initiation of an investigation for censure based
upon charges of violation of the City’s Charter and Code of Ethics by
Commissioner Frankel. The resolution
provided for outside special legal counsel, W Earl. Hall, to be engaged to
conduct an investigation into the charges levied by the City Commission. Attorney Goren said, Mr. Hall, who is present
this evening, submitted on June 15, 2009, a report to members of the City
Commission, which is in the backup. Mr.
Goren said Mr. Hall has made several findings and conclusions, and several
recommendations with regard to the review of the matter. He said it is now before the Commission for
consideration. Mr. Goren said the report
is a public record and has been filed with the clerk and distributed to the Mayor
and Commission. Attorney Goren said if
the Commission wishes to proceed with the matter it would be up to the
prerogative of the Mayor and Commission and any questions can be answered by
Mr. Hall.
Commissioner Moyle made a
motion to accept the recommendations of Attorney Hall and to take action. There was no second to the motion. Mayor Brady called for another second. None made.
Motion dies.
Commissioner Frankel commented that he takes exception to Mr. Hall’s
findings and can ask that he change it, and if he doesn’t that’s fine. He said he will present his paperwork to show
the error. He thanked the Commission for
not seconding the motion. Commissioner
Frankel, did for the record, agree with items 1 and 2, but disputed the
remainder.
b.
Update on Hometown Democracy – Attorney Goren said he sent two memorandum
regarding Hometown Democracy and he will brief the Commission at the next
meeting as to the status of that item and where it is heading in the context of
statewide approval and what impacts it will have on the City. Also, a second memorandum was sent regarding
a lawsuit which was filed regarding Senate Bill 360 in connection with
modification of Chapter 163 and other aspects of state law governing growth
management. Attorney Goren
deferred further comment on these two items to the next meeting.
12.
ADJOURNMENT – There being no further discussion, the meeting adjourned at 6:35 pm.
Respectfully submitted,
Patricia Vancheri
Interim City Clerk