CITY OF NORTH LAUDERDALE

COMMISSION MEETING

 

TUESDAY, DECEMBER 8, 2009

 

REGULAR MEETING –5:30

 

MINUTES

 

The North Lauderdale City Commission met on Tuesday, December 8, 2009, at the Municipal Complex.  The meeting convened at 5:30 p.m.

 

1.                  INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Moyle 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.      September 14, 2009 – Commissioner Frankel moved to approve the minutes as submitted.  Seconded by Vice Mayor Cangemi.  All in favor.

 

b.      October 13, 2009 - Commissioner Frankel moved to approve the minutes as submitted.  Seconded by Vice Mayor Cangemi.  All in favor.

 

c.       November 16, 2009 - Commissioner Frankel moved to approve the minutes.  Commissioner Hilton commented that on the third page under the Motion to Select Vice Mayor, the minutes need to be corrected to reflect that Commissioner Moyle and Commissioner Hilton voted no. Commissioner Hilton moved to approve as amended. Seconded by Commissioner Frankel.  All in favor.

 

 

4.                  PRESENTATIONS

 

a.      Florida League of Cities Insurance

 

Steven Chapman, Director of Finance, introduced Jim McGinn, a representative of the Florida Municipal Insurance Trust which is a part of the Florida League of Cities organization, who gave a presentation along with a refund check.  Jim McGinn addressed the Commission and explained about the return of premium from the not-for-profit insurance fund that the City is a member of.  He stated that for the second year in a row the Board of Directors, which are elected officials throughout the State of Florida, have decided to return 8 million dollars to the members, based off the property premium from the 2007/2008 policy year, and based off the total insurable values in the City of North Lauderdale versus the whole state.  Mr. McGinn said as a result of that, the City has a return premium of approximately $81,000.00. 

 

b.      Parks and Recreation

 

Mike Sargis stated that a Foundation was created which assists in collecting sponsorships and they have had a lot of success so far.  Mr. Sargis said tonight they are recognizing four of the sponsors who donated $1,000.00 or more and are part of the soccer sponsors.  He indicated that the sponsors’ logos are on over 400 jerseys, which helps their business advertise and helps the City keep the cost of the program down.  Mr. Sargis recognized the Teen Club; Old Tyme Bingo; Local 38 Firefighters and Publix and presented them with a plaque. 

 

Mr. Sargis also commented on the Haunted Hamptons program which was held over four days this year.  He stated it was very successful and had over 4,000 people and brought in over $20,000.00, which will help offset the costs for the Egg Hunt, North Lauderdale Days and the Tree Lighting.  Mr. Sargis commented that Parks and Recreation, Police and Fire, Community Development and Human Resources jumped in to help with the Halloween event and said although it was a team effort, three people begin the process in August and it goes all the way through the cleanup in November.  He recognized Ken O’Farrell, Parks Superintendant; Dan Mariano, Park Foreman and Bob Brady, Park Foreman. 

 

c.       2008 Certificate of Excellence in Financial Reporting Award

 

City Manager, Ambreen Bhatty, stated that they are pleased to have received the Certificate of Excellence in Financial Reporting Award for the 25th year in a row.  She said this is a National award; Mayor Brady presented the award to Steve Chapman, Finance Director.  Mr. Chapman said this award is received through the efforts of everyone in the City.  He said without the control set by the Finance Department, the direction of City Commission and the department Directors being fiscally responsible, it would make his job more difficult to be able to put the financial records together.  Mr. Chapman stated that outside auditors do their audit and for three years in a row there have been zero management exceptions which is very exceptional.  He said the budget book is sent to the National Government Finance Officers Association and is peer reviewed to determine if it is in compliance with all the specifications for an exceptional audit report.  Mr. Chapman indicated he is pleased to represent the City in presenting such a document, and accepted the award on behalf of the whole City as well as the Finance Department.

 

At this point Item 9 (a) of the Agenda was moved up without objection.

 

Item 9(a) - RESOLUTION - Supporting Amendment to Interlocal Agreement for Public School Facilities Planning

 

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

Attorney read:

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUPPORTING AN AMENDMENT TO THE INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITIES PLANNING IN ORDER TO AVOID THE CURRENTLY PROPOSED SCHOOL BOUNDARY CHANGES IN BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Shelley Eichner, Chair of the Staff Working Group of the Broward County School Board addressed the Commission.  She said the Staff Working Group, which is all the City Planners, was developed in response to ensuring that all concurrency is implemented in Broward County.  Ms. Eichner said recently discussions have come up with regard to an amendment to the Interlocal Agreement and for purposes of implementing school concurrency, each individual school boundary is considered a concurrency service area and what that means is as new development comes in for every building permit, if that school area is over capacity, then a developer may be required to mitigate by providing additional classroom space.  She indicated that the school board would be potentially faced with massive boundary changes.  Ms. Eichner referred to boundary maps which was provided as backup to her presentation, and explained the domino effect of the schools out west that are currently overcrowded shifting students towards the east and to the north, which will displace tens of thousands of children.  She said there has been an outcry starting this year with Pioneer Middle School in Cooper City of moving those children, and in subsequent years a lot of other areas will be affected in the County.  Ms. Eichner said, regarding North Lauderdale, our schools are pretty much at capacity, maybe a little above or below, nothing really drastic.  Ms. Eichner said the Oversight Committee, another advisory group made up of School Board members, representatives from the League of Cities and representatives appointed by the Broward County Commission, have looked at some alternatives to the ILA in terms of the school concurrency service area.  She referred to the maps and showed where some of the boundaries would have to move.  Officially at the last Oversight Committee meeting they recommended utilizing portables to account for capacity, but only for a 5 year period.  Ms. Eichner said what the map shows for the schools is that you will still have capacity issues and concurrency problems by just utilizing portables.  She said the Staff Working Group came up with an option to expand those concurrency service areas into 8 larger geographical areas, and the maps show that there would be no need to rebound children in Broward County due to school concurrency.  Ms. Eichner said, to be very clear, when the Staff Working Group made this recommendation it was with the understanding that the School Board still has the ability and the authority to modify school boundaries for any other reason, such as class size reduction, program changes, new schools opening and possibly schools closing.  She stated that this is the item before the Commission this evening in terms of the resolution which the League of Cities has requested that all cities consider this amendment.  Ms. Eichner said there has also been talk regarding the impact on schools in the east and are looking at alternatives to those schools.  She stated that at the workshop a week ago, the School Board’s desire is to go with the 8 larger geographic concurrency service areas.  She advised that where they are in the process right now is that they will be meeting tomorrow morning to review their original recommendation of utilizing portables, then next Tuesday the School Board will be making their final determination and recommending changes to that ILA, which then will come back to the Staff Working Group, the agreement will be amended and go back to the School Board for execution sometime in January, then to the County Commission and then to all of the cities.  Ms. Eichner stated that the agreement must be signed by the County, the School Board and 75% of the municipalities containing 50% or more of the population and the goal is to ultimately have the ILA amended by May so it gets transmitted to the Department of Community Affairs and becomes effective in September. 

 

Commissioner Frankel moved to adopt.  Seconded by Vice Mayor Cangemi.  Vice Mayor Cangemi posed a question about elementary school boundaries.  Ms. Eichner answered the question.  No further discussion.  Clerk polled Commission.  All yes.

 

RESOLUTION NO. 09-12-5516  PASSED AND ADOPTED UNANIMOUSLY

 

5.                  PROCLAMATIONS

 

a.      Broward County Diversity and Inclusive Community Month – Clerk read Proclamation into the record and Inez Romaguera received the Proclamation on behalf of the Diversity Advisory Council.

 

 

At this point City Attorney Goren requested moving Item 9(c) to accommodate legal counsel, Eugene Steinfeld, representing the Broward Solid Waste Disposal District and Robert French, representing Malcolm Perny, Inc., the consultants to the Resource Recovery Board.  No objection. 


 

9(c) - RESOLUTION - Memo of Understanding (MOU) for Wheelabrator Services

Commissioner Moyle moved to read.  Seconded by Commissioner Hilton.

Attorney read:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING THE TERMS OF THE MEMORANDUM OF UNDERSTANDING (MOU) AMONG BROWARD COUNTY, THE BROWARD SOLID WASTE DISPOSAL DISTRICT, WHEELABRATOR SOUTH BROWARD, INC. AND WHEELABRATOR NORTH BROWARD INC. PROVIDING THAT THIS RESOLUTION SHALL BE BINDING ONLY UPON APPROVAL OF AN ADDITIONAL RESOLUTION APPROVING A NEW INTERLOCAL AGREEMENT FOR THE BROWARD SOLID WASTE DISPOSAL DISTRICT.

 

Attorney Steinfeld advised that what this Memorandum of Understanding does is to provide for the terms between the District and Wheelabrator for the new term of the ILA from August 4, 2011.  He said the only thing necessary at this point is to provide for approval of these terms and is not binding unless or until the City wishes to join the new ILA, which needs to be approved by an additional resolution by June 30, 2010.  He stated that by approving this resolution by January 1, 2010, the City will reserve the right to receive $247,219.00 at the time, should the City wish to continue with the District.  Mayor Brady asked if that would be a one-time payment and the response was, yes, but there would be considerable savings each year after August 4, 2011, should the District continue on from the present rate.  Mr. Steinfeld said there would be significant savings to the City, the residents and the commercial establishments within the City.  Attorney Goren interjected that this is an item which has been discussed at the League of Cities Board meeting, and said the MOU was a document which was struck between Mayor Hirsch in Weston, along with Wheelabrator and provided for parameters for negotiation of the ultimate ILA.  Mr. Goren said the contract is about to expire and the MOU basically dictates the premise on which negotiations would occur for future ILA modifications.  He said the signing bonus was initiated by Commissioner Gold in Coral Springs, along with Wheelabrator, to induce execution of the document.  Attorney Goren said the support of the MOU does not legally bind the City of North Lauderdale to future obligations, and if other options were to become available the City would be free to look at those options.  But this resolution would preserve the City’s rights to a portion of the bonus money provided by Wheelabrator based on tonnage which was allocated for.  Mr. Steinfeld commented that based on the studies done, they are getting one of the lowest rates within the State of Florida and with the 75% recycling mandate that it coming down from the State of Florida, simply taking waste outside of this County is basically not going to be allowed, so there will be more recycling and will continue to get a credit for the waste that will be going the energy plant. Mayor Brady asked who gets the money for that?  Mr. French replied that the two energy plants, North Broward facility and South Broward facility, are both owned by Wheelabrator, Inc. and Wheelabrator gets all of the revenue generated from the sale of electricity. Mr. French also commented that the City has the next six months to consider options for solid waste disposal and the costs and risks associated with other alternatives. 

 

Commissioner Moyle moved to approve.  Seconded by Vice Mayor Cangemi.  Clerk polled Commission.  All yes.

 

RESOLUTION NO. 09-12-5518  PASSED AND APPROVED UNANIMOUSLY

 

6.                  PUBLIC DISCUSSION

 

Joyce Clyde, 6201 SW 18 Court – Ms. Clyde addressed the Commission on behalf of herself and Broadview/Pompano Park Civic Association.  She thanked the City of North Lauderdale for all the help with their Bazaar, specifically Mike Sargis and his Staff;  BSO and Deputy Mark Warsaw and the Fire Department.  Ms. Clyde presented Mayor Brady and Mike Sargis with a check in the amount of $1,000.00 from the Broadview/Pompano Park Civic Association as a donation to the City’s annual Golf Tournament.

 

Micheal Brown, 7504 SW 5 Street – Mr. Brown commented that he has begun negotiations on a lease for the vacant school building, and voiced his concerns that Charter Schools USA should not be allowed to bid on the school.  Mr. Brown commented that he believes he can get the building paid for with his proposal, within a ten year period, under a lease program only, based on the number of students enrolled.  He said he is still totally against any idea of selling the building.  Mr. Brown commented that he would speak to this again at a later time.

 

 

7.                  QUASI-JUDICIAL ITEMS

 

a.      SUBJECT – VARIANCE:                    VAR 09-01

NAME OF APPLICANT:                     MYRIAM ETIENNE

PROJECT NAME:                                FENCE

PROJECT LOCATION:                       6271 SW 18 COURT

PROJECT DESCRIPTION:                 Request for a variance to permit a fence five feet (5 ft.) in height in front yard where only two and one half feet (2 ½ ft.) are permitted by Section 106-184 (b) of the City of North Lauderdale Code of Ordinances.

 

Attorney Goren read the title and swore in the Applicant who was present.  Tammy Reed-Holguin, Community Development, presented the item based on the backup memorandum and stated that the request does not meet the guidelines established in the City’s code of ordinances for granting of variances, and that the Planning and Zoning Board denied the request at their meeting on November 4, 2009.  Applicant, Myriam Etienne addressed the Commission.  She stated that she paid her contractor, who did not pull a permit and she could not find the contractor.  City Manager Bhatty stated that the responsibility falls on the property owner to make sure that a permit is pulled, and also the guidelines in the code of ordinances clearly indicate that the hardship shall not be an economic hardship. 

 

Public hearing opened.  No one spoke.  Public hearing closed.  Attorney Goren commented that based on Commission action, an Order will be prepared.  Vice Mayor Cangemi made a motion to approve.  Seconded by Commissioner Hilton. 

Clerk polled Commission.  Commissioner Frankel – Yes.  Vice Mayor Cangemi – No.  Commissioner Moyle – No.  Commissioner Hilton – No.  Mayor Brady – No. 

 

MOTION TO APPROVE VARIANCE REQUEST WAS DENIED ON A 4-1 VOTE.

 

 

 

b.      SUBJECT - SPECIAL EXCEPTION USE    SEU 09-03

NAME OF APPLICANT:                     SMITH DORLUS

PROJECT NAME:                                CAFÉ CREOLE RESTAURANT

PROJECT LOCATION:                       5460 N STATE ROAD 7, SUITE 104-105

PROJECT DESCRIPTION:                 Special Exception use request to permit the limited sale of beer and wine as an accessory use in a restaurant with a freestanding bar in a Community Business District (B-2) in accordance with Section 86-110 (7).

Attorney Goren read the title and swore in the Applicant who was present.  Tammy Reed-Holguin presented the item based on the backup memorandum and said staff has determined that the application meets the criteria and on November 4, 2009, the Planning and Zoning Board unanimously voted to recommend approval of the SEU permit to the City Commission, with the condition that in the event that problems arise as a result of this establishment, such as noise, parking, traffic and/or other nuisances, the applicant makes all improvements required to mitigate these nuisances so as not to negatively impact adjacent commercial areas.  Ms. Reed-Holguin indicated that should the City Commission concur with the special exception request, a motion is in order to approve the proposed SEU permit subject to the nine (9) conditions listed in the staff’s backup memorandum. 

 

Applicant, Smith Dorlus, Owner of Café Creole, addressed the Commission.   Mayor Brady asked the applicant if he agreed with the nine items in the backup memorandum and the applicant responded yes.  Public hearing opened.  No on spoke.  Public hearing closed.

 

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

 

MOTION TO APPROVE SPECIAL EXCEPTION USE WAS APPROVED UNANIMOUSLY.

 

Attorney Goren stated that he will be preparing the Order and advised the applicant to pay special attention to the conditions.

 

 

8.                  CONSENT AGENDA

 

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

Attorney read:

 

a.      RESOLUTION – Surplus/Donation of Computer

 

                                            i.            RESOLUTION – Declaring Surplus

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THAT THE EQUIPMENT LISTED BELOW BE DECLARED SURPLUS; PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO.  09-12-5514

 

                                          ii.            RESOLUTION – Authorizing Donation

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE AUTHORIZING THE DONATION OF A SURPLUS LAPTOP FROM THE CITY TO THE NORTH LAUDERDALE RECREATION FOUNDATION, PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO.  09-12-5515

 

b.      SUBJECT – Request to extend hours of operation for New Year’s Eve Party

APPLICANT:     Polish American Club of Fort Lauderdale, Inc.

935 Rock Island Road, North Lauderdale

 

MOTION:  To approve the Polish American Club’s New Year’s Eve Party and to permit to remain open until 4:00 AM to serve breakfast with no alcohol after 2:00 A.M.

 

Commissioner Frankel moved to approve the consent agenda as read.  Seconded by Vice Mayor Cangemi.  All in favor.

 

CONSENT AGENDA APPROVED UNANIMOUSLY

 

 

9.                  OTHER BUSINESS

 

a.      RESOLUTION - Supporting Amendment to Interlocal Agreement for Public School Facilities Planning - (Previously considered and approved)

 

 

b.      RESOLUTION - Purchase of two (2) Smart Cars

 

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

Attorney read:

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE AUTHORIZING THE PURCHASE OF TWO (2) SMART CARS THROUGH THE BROWARD SHERIFF’S OFFICE BID #09-104-045 IN AN AMOUNT NOT TO EXCEED $35,000.00, INCLUDING TITLES AND TAGS, TO BE PAID FROM THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDS.

 

Mike Sargis, Parks and Recreation Director, presented the item based on the backup memorandum.  He stated that the City was awarded $161,800.00 grant and has come up with a list of projects for its use and one use would be the purchase of two Smart cars which will help reduce the fuel costs in the Parks and Recreation Department.  Mr. Sargis estimated a savings of about $400.00 a month in fuel costs by eliminating a Crown Vic and a pickup truck.  Further, Mr. Sargis advised that there was no match required for this grant.  Mr. Sargis indicated that he is asking for authorization to spend up to $35,000.00 for two vehicles.  The vehicles are $15,000.00 each and the difference would be for the tags, title and so forth.  He said they are readily available and would be put into the fleet shortly after receiving them.  He said they are looking to piggy-back off the Sheriff’s contract.  City Manager Bhatty commented that the cars would have the City logo and would promote energy conservation.

 

Commissioner Moyle moved to approve.  Seconded by Commissioner Frankel.  Clerk polled Commission.  All yes.

 

RESOLUTION NO. 09-12-5517  PASSED AND APPROVED UNANIMOUSLY

 

 

 

c.       RESOLUTION - Memo of Understanding (MOU) for Wheelabrator Services – (Previously considered and approved)

 

 

d.      RESOLUTION - Business Continuity for Computer System Applications

 

Commissioner Moyle 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 SEPARATE, ACCEPTABLE AGREEMENTS BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND TERREMARK NORTH AMERICA, IBM COPORATION AND VERITY PARTNERS, INC., PROVIDING FOR THE PURCHASE OF EQUIPMENT, SOFTWARE LICENSES AND SERVICES AS LISTED IN SECTION ONE OF THIS RESOLUTION; WHEREAS, THE CITY COMMISSION DESIRES THAT THE FINANCE DIRECTOR COMPLETE ANY AND ALL ACCOUNTING AND BUDGET ENTRIES IN ORDER TO COMPLETE THE INTENT OF THIS RESOLUTION; AND PROVIDING FOR THE AMOUNT NOT TO EXCEED $68,483 AND PROVIDING FOR AN EFFECTIVE DATE.

 

Jack Naparano, Information Technology Manager, presented the item based on the backup memorandum.  He said approval of this item will insure that the City maintain business continuity in the event there is a computer system failure.  He said they have reviewed the equipment and plans and this is Phase I of a business continuity disaster recovery plan and is asking for the Commission’s support.  City Manager Bhatty commented that they have been thinking of this for quite some time and the reason for bringing this up is because after installing the new Munis system, there was a failure for a few days and we did not have any backup plan, and was without some of the crucial modules, which was a big interruption of operations, so they started to look at how to prevent that from happening again.  Ms. Bhatty said this is going to be a phased plan, and the first phase will give us at least 80% of the business continuity at this time.  She said we will also be looking at some disaster recovery in Phase II and Phase III. 

 

Commissioner Moyle moved to approve.  Seconded by Vice Mayor Cangemi.  Commissioner Hilton inquired about this being Phase I.  Mr. Naparano replied, yes, that Phase II would be more software and equipment.  Commissioner Hilton said, “dollar wise where would the other phases fall compared to this?”  Mr. Naparano replied about $100,000.00 in addition to this. Commissioner Hilton asked what would the recurring yearly fees be?  City Manager Bhatty replied that it would be licensing fees and Mr. Naparano added that it would be approximately $25,000.00 in recurring fees.  Ms. Bhatty further commented that they will be working on water plant improvements and a room will be built there to house some of the equipment that is crucial to the water plant and hardening it for the computer system.  She said they will be cutting costs by using joint resources and spreading out the costs.  Commissioner Hilton said it is critical to keep the equipment running. 

Clerk polled Commission.  All yes.

 

RESOLUTION NO. 09-12-5519  PASSED AND APPROVED UNANIMOUSLY

 

 

10.              REPORTS

 

a.      Towing Contract Update - Mike Shields, Public Works Director, reported that the towing contract that the City has is due to expire at the end of this month and City Attorney and Staff recommends going out to bid.  He said we are a little bit behind and may have to extend our contract a month or two.  Mr. Shields advised that they will be preparing the bid documents and will get it out on the street to be re-bid.  Mayor Brady asked why are we going out to bid, and would we get the same price if we renewed.  Mr. Shields replied that the current contract did not have a renewal clause built in. 

 

Vice Mayor Cangemi moved to go out for an RFP.  Commissioner Hilton seconded.  All in favor.

 

b.      Water & Sewer Rates Update - Steven Chapman, Director of Finance, reminded the Commission of the Ordinance accepted in May regarding the utility rates, called for an annual review by the administration to look at the utility finances and to make a recommendation of having either a 5% base increase or inflation, whichever is greater.  Mr. Chapman stated that at this time administration is looking at a 5% base increase.  He said he has two years of actual, and some numbers they are projecting for the next fiscal year.  Mr. Chapman recommended that we go ahead with a 5% increase and stay on track according to the water and sewer study.

 

He said another consideration is that there is currently an Ordinance in place that allows a review of this and allows this board to make the decision.  Mr. Chapman further commented that some of the things coming from the State level, like the TABOR Act, may take that decision away from the Commission in the upcoming years.  Mr. Chapman said it is better to get our system financially sound now, and deal with a TABOR amendment going forward.  He said that’s another argument for doing the maintenance and rate increase on a small but regular basis. 

 

Mike Shields reported that as part of the rate study done, everything was taken into account for future capital and operational needs.  Mr. Shields stated that about a week after the last increase we got hit by the County with a 30% increase on the sewer side of the equation.  He said that literally took our rate increase and zeroed it out and we weren’t anticipating it at all.  Further, Mr. Shields reported that renovations to the water plant are getting under way and will be a 24 month to 3 year project, and will cost approximately 5 million to upgrade the plant.  He said we just spent approximately $765,000 to buy additional sewer capacity.  Mr. Shields said we need to put more money into the rehab of our aging infrastructure and the sanitary sewer system.  Mr. Shields said at one point the plan traditionally was to spend about 3 to 4 thousand dollars a year to rehab the infiltration and inflow problems, but over the years, it wasn’t enough money to help keep up with the problems.  He stated that we need to keep up with the I & I, that we just entered into a new contract with the County and if we don’t keep up with the I & I, it will overtake us, and we will be put into a penalty clause with that contract.  Mr. Shields commented that this is why staff strongly recommends the increase of 5% over a 5 year period that the rate study showed.  He said this is typical of any other city around right now, and with the aging infrastructure, this is what is recommended.

 

City Manager Bhatty said that another project that will be funded by the utilities would be the Highland Court water and sewer project that the Commission approved.

 

Mayor Brady commented that we have to do what is best for our residents who need quality water.  Also, he asked about the grace period on the water bill and Mr. Chapman replied that the grace period is actually 17 days after the bill is sent, then the late fee would be on the next bill and they have 45 days before the water would be shut off.  Commissioner Moyle commented that the bill is not clear and Mr. Chapman said the back of the bill states it.  Mr. Chapman has been talking with US Water to see if verbiage could be put on the front of the bill to clearly state a “due by” date.  Also, Mr. Chapman reported that because of delinquencies the City had to write off over $200,000.00 last year.

 

Attorney Goren interjected that no action was needed by the Commission, that the increase automatically goes into effect as a matter of the Ordinance, and this was just an update.

 

 

11.              COMMISSION COMMENTS

 

Commissioner Moyle – Gave an update on the Florida League of Cities conference in Orlando attended by Him, Pam Donovan and Commissioner Hilton.  He reported that the legislation did not take up our issue on the law enforcement fees and only decided on two out of four issues, with the top one being TABOR.  Commissioner Moyle said that the TABOR issue was a big one and could hit us hard if passed.  Further, he commented that the Committee and League is getting recommendations on how to write the Bill so as not to be detrimental to the cities, and that they were at the conference ready to speak for the Bill, but it went flat.  City Manager Bhatty commented that on the law enforcement issue, the local bill was filed with the delegation and the next meeting will be December 15th and she plans to attend the meeting along with City Attorney’s office and our lobbyist. She also reported that the lobbyist is trying to secure a sponsor for the general bill and we already have a sponsor for the local bill, which is Representative Ari Porth.  Ms. Bhatty said they are planning to make a presentation, in January, to the BCC City Manager’s Association luncheon meeting regarding the law enforcement assessment, so support can be sought from other City Managers on this issue.

 

Commissioner Hilton – Commented on the welcome letters that were previously sent to new residents by the Commissioners and wanted to get back to doing that, and wants to get a list of the water turn on customers from US Water on a monthly basis. 

 

Mayor Brady – Commented that he would like a workshop on the BSO matters before the end of the month.

City Manager commented that she will look at dates and give an update on the contract.

 

 

12.              CITY MANAGER COMMENTS

 

a.      City Manager Bhatty reminded the Commission of the following upcoming events:

 

                                            i.            Friday, December 11 – 10:00 am – Menorah Lighting Ceremony – City Hall Commission Chambers

                                          ii.            Saturday, December 12 – 11:00 am to l:00 pm – BBQ Lunch with Santa – Champions Hall – 6601 Blvd. of Champions

                                        iii.            Monday, December 14 – 7:00 pm – 32nd Annual Holiday Tree Lighting Ceremony – Front Lawn of City Hall

                                        iv.            Wednesday, December 16 – 6:30 -8:30 pm – Sundaes with Santa – Teen Recreation Center

 

 

13.              CITY ATTORNEY COMMENTS – Attorney Goren advised that he met on November 17th with Micheal Brown, City Manager Bhatty and his law partner, Mike Cirullo to discuss Mr. Brown’s inquiry regarding the sale/lease of the high school grounds.  He said they had a very positive conversation and exchanged information regarding his public records requests, and as a result, the City sent Mr. Brown a pro forma document which was provided to a previous proposer which contains within its content the numbers which were negotiated but never finalized with regard to that transaction.  Attorney Goren advised that at this point there is currently no listing on the property for sale or lease option.  He said the City has had a number of inquiries by third parties, both public and private, and City Administration has worked diligently towards having conversations with each proposer who has come to the table to offer their interest in that property.  Mr. Goren said that Mr. Brown has a document outstanding which the City would consider in the process thus far, but the question the Commission may which to consider is whether or not to open an RFP process and allow all manner of applicants who have not yet come to the table to make their proposals known to the City Commission within certain parameters set by the Commission by an appropriate RFP document.  Further, Attorney Goren stated that Mr. Brown is very clear about his position and is more than happy to compete with any other proposal which may be given, and feels comfortable about his offering to the City which has yet to be submitted, but which he believes is a viable option for the City Commission to ultimately consider.  He said the Commission has a potential opportunity to direct the administration to collaborate with the City Attorney’s office in preparing an RFP to market that property in some form or fashion, satisfactory to the Commission’s needs and within the charter.  Micheal Brown addressed the Commission and said that an RFP was voted on two years ago and said he has been trying to get a proposal on board and will go up against anyone’s proposal.  Mr. Brown questioned whether the property is to be leased for a public purpose indicated in the Resolution and that the Resolution doesn’t say anything about a lease option or sale of property.  Mr. Brown indicated that he went through the records and could find nothing but a consensus vote on talking about auctioning the property and about a possibly putting it up for sale under a real estate agreement.  He said nothing was ever advertised for that property.  Mr. Brown requested information from the archives in order to prepare a lease document.  He requested information on what the costs are to operate the building.  Mr. Brown commented that the building has been vacant for years now and will cost about over a million dollars to get back to square one and the City needs to recover that.  Mr. Brown said he will not buy the building because he doesn’t want the School Board to have access to taking that property.  Mr. Brown said he could operate the school for 7.7 million and pay back the City the $715,000.00 a year going forward.  Mr. Brown reiterated that he wants to see the building on line again as a school and he would give a pro forma proposal if he had the costs of operation. 

 

Attorney Goren said the Commission has an option to direct Administration and City Attorney to consider an RFP.  Commissioner Frankel commented that he would like to talk to a viable entity or existing charter company to make it a school, or some other alternative for a building of that size, to somebody who could make good use of it.  Commissioner Moyle commented that he would really like to see that building remain a school, but has no objection to entertaining other options. 

 

Attorney Goren reiterated that if the Commission wished, he could come back with an RFP package for review.  The consensus of the Commission was to prepare an RFP.

 

Attorney Goren reported that at the FLC Board meeting, he presented an item as an update.  On December 2, the Supreme Court of Florida, at the request of Governor Crist, requested the impanelment of a statewide grand jury.  Attorney Goren said the Supreme Court entered an order the same day assigning the Chief Judge of the Broward Circuit Court, Judge Victor Tobin, to serve as the designated presiding judge over the statewide grand jury to focus on public corruption. He said there are several elements to the petition such as unlawful compensation for official behavior; corruption by threat against a public servant; official misconduct; bid tampering; falsifying records; misuse of confidential information and money laundering.  Attorney Goren said this is serious and is a twelve month assignment, and a grand jury that is impaneled would be able to ask questions and subpoena witnesses, including city officials and other public officials.  He advised the Commission that if any were subpoenaed to contact him.

 

Mr. Goren also reported on Senate Bill 360, Land Use Planning and Concurrency, which was adopted last year, and stated that there is virtually no agreement between the Department of Community Affairs that is obliged to implement this bill and the Senator who wrote that bill.  He said the deadline was December 1st for the mobility fee report to come out and there are impacts that affect the City which have yet to be determined.

 

14.              ADJOURNMENT – There being no further discussion, the meeting adjourned at 8:02 p.m.

 

 

 

CONVENED TO NORTH LAUDERDALE RECREATION FOUNDATION