CITY OF NORTH LAUDERDALE

COMMISSION MEETING

 

OCTOBER 14, 2008

 

REGULAR MEETING – 5:30 pm

 

 

MINUTES

 

The City Commission of the City of North Lauderdale met on Tuesday, October 14, 2008, at the Municipal Complex.  The meeting convened at 5:30 p.m.

 

 

1.                  INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Frankel 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.                  PROCLAMATIONS

 

a.      National School Lunch Week – Clerk read Proclamation.  Ms. Arleeta Karz, Food Service Manager from North Lauderdale Elementary, accepted the Proclamation.  Also present were the Food Service Managers from Pinewood and Coral Springs Elementary Schools.  Ms. Karz said on behalf of 1600 employees in Broward County, she thanked the Commission for honoring them with the Proclamation and said they work very diligently to feed the children and to train their eating habits.

 

4.                  PUBLIC DISCUSSION

 

            Patricia Amiel-Young – Ms. Amiel-Young, of Tam O’Shanter Boulevard, addressed the Commission to speak on her concerns about the litter problem in the city.  She suggested looking into using the same trash containers throughout the city.  She said trash is put out on the wrong days and wants the city to look better.  She also spoke about the parking problem on the streets.  Mayor Brady thanked her for her comments and said he will look into the garbage containers.

 

 

5.                  CONSENT AGENDA

 

No items were pulled from consent. Commissioner Frankel made a motion to read; seconded by Commissioner Moyle.

Attorney read:

 

a.      SUBJECT:  Polish American Club’s Request for Extended Holiday hours

 

MOTION:  To approve the Polish American Club’s New Year’s Eve Party and to permit to sell/serve alcohol until 4:00 am and remain open until 7:00 AM to serve breakfast.

 

b.      RESOLUTION - Fire Equipment purchase under the FEMA 2007 Assistance to Firefighters Grant Award EMW-2007-FO-12407

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE EXPENDITURE OF FUNDS NOT TO EXCEED $31,560 FOR THE PURCHASE OF FOUR HAND HELD COMPUTERS AND THREE TRUCK MOUNT COMPUTERS FROM INSIGHT PUBLIC SECTOR WITH THE RELATED SOFTWARE MAINTENANCE AGREEMENT FROM ZOLL DATA SYSTEMS AS PART OF THE FEMA 2007 ASSISTANCE TO FIREFIGHTERS GRANT, WHEREBY 90% OF THE EXPENDITURE ($28,404) IS GRANT FUNDED AND 10% OF THE EXPENDITURE ($3,156) IS THE CITY FUNDED REQUIRED MATCH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-10-5374

 

c.       RESOLUTION – Medtec Ambulance Vehicle Purchase

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE EXPENDITURE OF FUNDS NOT TO EXCEED $108,694 FOR THE PURCHASE OF A 2008 FIRE RESCUE AMBULANCE VEHICLE FROM THE FIRE RESCUE SPECIAL REVENUE FUND; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-10-5375

 

d.      RESOLUTION – Support Funding For Traffic Magistrate

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO FULLY FUND AND SUSTAIN BROWARD COUNTY COURT SYSTEM IN GENERAL AND TO SPECIFICALLY PROVIDE SUFFICIENT FUNDING TO SUSTAIN BROWARD COUNTY’S TRAFFIC MAGISTRATE CITATION PROGRAM; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE GOVERNOR OF THE STATE OF FLORIDA, THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, THE PRESIDENT OF THE FLORIDA SENATE, THE BROWARD LEAGUE OF CITIES, AND THE FLORIDA LEAGUE OF CITIES PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-10-5376

 

e.      RESOLUTION –Urging the Florida Legislature to equalize funding based on population

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE, FLORIDA; URGING THE 2009 FLORIDA LEGISLATURE TO EQUALIZE FUNDING BASED ON POPULATION TO PROVIDE EACH REGION OF FLORIDA, INCLUDING SOUTH FLORIDA, ITS FAIR SHARE OF STATE FUNDING; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-10-5377

 

Commissioner Moyle moved to approve the consent agenda as read.  Commissioner Frankel seconded the motion.  No Commission discussion.  Clerk polled Commission; All yes.

 

6.                  OTHER BUSINESS

 

a.      RESOLUTION  – Request for Authorization to Acquire Tax Deed Properties from Broward County to Promote Affordable Housing

 

Commissioner Frankel moved to read.  Seconded by Commissioner Moyle.

Attorney Read:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ATTEND THE TAX DEED SALE, BID ON THE PROPERTIES GENERALLY DESCRIBED AS UNITS 1 AND 3 OF KIMBERLY TOWNHOUSES LOCATED AT KIMBERLY BOULEVARD AND 74TH AVENUE, AS MORE SPECIFICALLY DESCRIBED HEREIN, TRANSFER PAYMENT TO BROWARD COUNTY REVENUE COLLECTION, AND SIGN DOCUMENTS ON BEHALF OF THE CITY IN THE EVENT THAT THE CITY IS THE SUCCESSFUL BIDDER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Tammy Reed-Holguin, Community Development Director, addressed the Commission and said that this issue was brought to their attention in July of 2008, requesting authorization to negotiate with the property owner for the sale of properties in the Kimberly Townhomes.  She said the City currently owns the common area and lots 2, 4 and 8, and requested negotiations to sell those lots to the property owner who owns lots 1, 3, 5, 7, 9 and 10.  Ms. Reed-Holguin said those negotiations did not result in the sale of those properties and in the meantime, the owner of those lots, E.B. Investments, Inc., has failed to pay the taxes on the lots.  She said lots 1 and 3 are up for a tax deed sale next week and she would like to pursue them through the sale of the tax deeds.  Also, they are pursuing the use of CDBG funds if they are deemed to be eligible, based on the appraised value.  She said though Attorney Goren’s office they have done a title search and appraisal of the lots.  Ms. Reed-Holguin requested approval to attend the tax deed sale and bid up to the appraised value, which came in under what the tax deed is owed on the properties.  She said the ultimate result is that they hope to acquire all of the property so that it can be used as affordable housing for the residents of North Lauderdale. 

 

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

 

RESOLUTION NO. 08-10-5378

 

b.      RESOLUTION – Request for Proposal for Disaster Recovery Consulting Services

 

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 AND AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE TO PROCEED WITH THE REQUEST FOR PROPOSALS FOR CONSULTING SERVICES FOR THE DISASTER RECOVERY GRANTS AND PROVIDING AN EFFECTIVE DATE.

 

Tammy Reed-Holguin said this is a request for an RFP for consulting services to manage the funding of two disaster recovery grants that the City received after Hurricane Wilma.  She said they are in the process of using one of those grants for Hampton Pines Park and part of the funding will be used to replace the marquee that was damaged; to purchase generators for some of the City’s facilities and the balance of the funding from both grants would be used for owner-occupied properties that were damaged by Hurricane Wilma and still need repairs.  Ms. Reed-Holguin stated that the reason it took so long was because they just received the grant award agreement from the County.  Further, she said part of the funding will be to harden structures that are owner-occupied to protect them from future storms.  Together the two grants are $1.7 million dollars, which is a substantial amount of funding to allocate to the residents and to operate the programs.  She said the RFP would be for a consulting firm that would assist in reviewing eligibility of applications received for the program; securing contractors to operate the program and to follow through on the paperwork required through the Community Development Block Grant program, which can be quite substantial.  She said the turn around on these grants is very quick and they want to get the request on the street so that they have one firm to work with, as they have until May of 2009 to spend the first grant and June of 2010 to spend the second one.  Mayor Brady asked if requirements were set for applicants and Tammy said yes, that they have the applications prepared and have set the maximum at $30,000.00 per household.  Mr. Sala asked Tammy to elaborate on the process.  She stated that the RFP process is that once the RFP is on the street, the firms would have until November 5th to respond, including price, and they would then have a selection committee to evaluate the applications which would include firms familiar with the CDBG process.  She said there are very few firms who do this type of work, so they will be limited, but would bring them in for presentations and rank them and bring the first ranked firm back to the Commission for approval and negotiation of contract would take place.  Ms. Reed-Holguin further said that the applicant process for residents would be a public notification that funding is available and they would be specific about what the funds could be used for. The applicant would have to bring documentation proving what the damage is; insurance documentation as to what was covered; what damage still exists and it will take a lot of investigation and follow-up by the consulting firm to make sure that they have met all the criteria, as well as being income eligible.  Tammy said that the consulting firm should also have staff which will go to the property and come up with a cost estimate for repairs and then put it out to bid.

 

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

 

RESOLUTION NO 08-10-5379

 

c.       RESOLUTION – Independent Contractor Professional Services Agreement City Attorney

 

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 THE MAYOR OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ON BEHALF OF THE CITY, TO EXECUTE AND TO OTHERWISE ENTER INTO THE ATTACHED INDEPENDENT CONTRACTOR PROFESSIONAL SERVICES EMPLOYMENT CONTRACT BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND SAMUEL STUART GOREN, A MEMBER OF THE LAW FIRM OF GOREN, CHEROF, DOODY & EZROL, P.A., PURSUANT TO WHICH CONTRACT THE CITY DOES EMPLOY SAMUEL STUART GOREN, A MEMBER OF THE LAW FIRM OF GOREN, CHEROF, DOODY & EZROL, P.A., AS "CITY ATTORNEY" FROM OCTOBER 1, 2008 TO SEPTEMBER 30, 2009 AUTHORIZING THE MAYOR TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION, AND, PROVIDING FOR AN EFFECTIVE DATE.

 

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

All yes.

 

Commissioner Frankel congratulated Attorney Goren for 30 years of service.  Mr. Goren offered his appreciation and gratitude for the 30 years of service to the City.  Mayor Brady said he appreciates that Mr. Goren is available at all times for counsel.  Commissioner Moyle said over all these years Mr. Goren has been the best and very trustworthy, does great work and knows that other Cities feel the same, and that Mr. Goren is loved and appreciated even by the employees.  Mr. Goren said his heart is with the City.

 

7.                  REPORTS

 

a.      Update on City’s Neighborhood Improvement Program and Potential

Funding through Federal Neighborhood Stabilization Program –

 

Kevin Pierson, Neighborhood Improvement Coordinator, gave a PowerPoint presentation overview of the foreclosure situation to date.  Mr. Pierson said that there are 228 lender possessed homes through October, 2008.  Currently there are 719 foreclosed or in the pre-foreclosure process, which breaks down to about 200 foreclosed and 500 in pre-foreclosure process.  He said they have hit a plateau and are starting to go down a little bit.  He said 9% of the properties in the city are financially distressed.  Days on market have lengthened from 10 months to 11 months, and we have the highest per capita rate of 226.  Mr. Pierson said to recap how we got into this situation, the City had over 75% subprime loans from 2004 through 2006, and consequently the foreclosure rate corresponds with that.  He said the County will use this information to determine who is going to get the funding of the 14 non-entitlement cities that get their funding through the County, and we are on top of the list because of the situation and our statistics.  Mr. Pierson said that with regard to the median price drop in the market, North Lauderdale is looking at a 40% reduction in equity right now.  He said the top real estate holders in the City went up slightly and all the lenders have been serviced, sometimes repeatedly for non-compliance, with certified letters concerning our vacancy Ordinance as of July.  He said the goal is to get 70% compliance by November, and 100% following that.  Mr. Pierson said that 60-70% of the vacancies are being maintained by the property owners, either bank or individuals, and the other 30% have spotty records and are being cited by Code Enforcement.  The City’s response to pre-foreclosures has been steady and we have been referring them to seminars, like the one in July, and providing an assistance package which refers them to agencies for help.  Mr. Pierson said the foreclosure problem is number one on the list, followed by HOA participation; Adopt a Street;  partnering with non-profits, such as churches which are helping to assist some elderly people who are in code violation by painting their house and doing renovations.  Mr. Pierson said in the Silver Lakes section the concrete has been poured to install new mailboxes that were donated from the Post Office which should help with some of the litter problem.  Mr. Pierson reiterated that the City was ahead of the curve when the County issued their recommendations and had already implemented 14 of their 23 recommendations, and the County is aware of it.  The other recommendations can only be done on a countywide level.   Mr. Pierson concluded his presentation and Mayor Brady said great job.

 

Ms. Tammy Reed-Holguin followed up with a PowerPoint presentation providing information on a new funding source called the Neighborhood Stabilization Program, which is one Title of many parts of a Housing and Economic Recovery Act of 2008 that the Federal Government put together.  She said Title III specifically speaks to foreclosed and abandoned properties, and the Federal Government allocated $3.92 billion for emergency assistance for the redevelopment, which $541 million earmarked for Florida.  She said a portion of that went directly to entitlement communities, and North Lauderdale is not an entitlement community because we don’t have 50,000 in population.  She said $17.767 million went to Broward County to be dispersed between the County and 14 non-entitlement cities that currently participate in the urban county CDBG program, of which we are one.  She said the State is still deciding on how to disperse the portion that went directly to them.  Tammy gave examples of what the funds could and couldn’t be used for, for instance it has to be used for low to moderate income areas and residents. She said what the government has done for this particular funding is increase the level that we can help families and areas that do no exceed 120% of the median income of Broward County, which expands our CDBG target area.  Ms. Reed-Holguin explained the income limits documentation system for assistance.  She also outlined the Neighborhood Stabilization Program’s eligible uses and said that it is pretty restrictive as to what the funds can be used for.  Further, Ms. Reed-Holguin outlined how North Lauderdale will receive the funding.   She said the City has to have a plan on how they will use the funding and submit it to HUD by December 1, 2008.  Tammy said further that what they feel strongly about is that wherever we apply for the funding from or wherever we pursue this and submit our program, that the City be in control and be able to be allowed to administer its own program, with assistance from either the State or the County.  She said she is seeking direction from the Commission to continue with our existing program, look into the other acquisition and rehabilitation which is eligible through this program and have discussions with the County that we be permitted to administer our program in house. 

 

Mayor Brady thanked Tammy and asked Kevin Pierson about getting cameras to monitor the new postal boxes, since they are often broken into.  Mr. Pierson said he has talked to BSO about that and said they are willing to help them out with that.

 

Attorney Goren said several entitlement cities have specific numbers of dollars going their way and the time constraints that Tammy described are the same for entitlement and non-entitlement cities.  He said local governments are concerned right now about buying property and land banking it due to the time constraints on receiving the money.  He asked if there was any application the City should file to get into the County mix.  Tammy said the County hasn’t decided that yet.  Mr. Goren also reminded about the publication deadline.

 

Commissioner Moyle made a motion to authorize the Staff to pursue all available funding through the Neighborhood Stabilization Program.  Vice Mayor Cangemi seconded.  Clerk polled Commission.  All yes.

 

b.      Jaycee Park Security  –

 

Michael Sargis, Parks and Recreation Director, followed up an issue brought to attention by Commissioner Hilton regarding concerns from residents about Jaycee Park off of 81st Avenue.  Mr. Sargis said there is a 4 foot fence on the North side and the South side, and on the East and West sides there is an 8ft hedge, which separates the park from homes. There are no gates and the concerns of the residents was that kids go into the park after hours.  Mr. Sargis said a simple solution is to put in four foot locking gates up and if anyone was beyond the gates after hours, BSO would have the opportunity to remove them.  He said that would eliminate the problem before it got worse in the park and if the problem continues, then they would go back and look at whether or not they need to increase lighting or install higher fences.  Mr. Sargis said he’ll report back in a couple of months to see how it goes.

 

8.                  COMMISSION COMMENTS

 

a.      SUBJECT:  Donation of $500.00 from the City Commission’s Promotional

Activities Account to City of North Lauderdale Parks and Recreation Department’s 1st Annual Golf Classic to benefit the Youth Athletic Clubs and Programs.

 

MOTION:  To approve the disbursement of $500.00 from the City Commission’s Promotional Activities fund to the North Lauderdale Parks and Recreation Department’s Annual Golf Classic fundraiser benefiting the youth athletics programs.

 

Commissioner Frankel made a motion to approve dispersal.  Seconded by Commissioner Hilton.  All yes.

 

9.                  CITY MANAGER COMMENTS - None

 

10.              CITY ATTORNEY COMMENTS

 

Attorney Goren stated that a week and a half ago the County Commission did approve $180,000.00 toward the Traffic Magistrate program which will commence again in January of 2009 until September.  Mr. Goren said he will be working with legislation to get a surcharge bill passed this session which will allow legislature to allow counties who choose to have the magistrate program to be able to effect a surcharge on parking and traffic tickets which would not be funded by the State, but by the user.

 

Also, Mr. Goren said as of October 1st, the Clerk of the Court is imposing a $10.00 fee for all Notices to Appear in Municipal prosecutions. 

 

11.              ADJOURNMENT – There being no further discussion, the meeting adjourned at 6:32 p.m.