CITY OF NORTH LAUDERDALE

 

REGULAR COMMISSION MEETING -7:00 P.M

 

THURSDAY, OCTOBER 25, 2007

 

MINUTES

 

The North Lauderdale City Commission met on October 9, 2007 at the Municipal Complex.  The meeting convened at 7:05 p.m.

 

 

1.                  INVOCATION AND PLEDGE OF ALLEGIANCE –  Commissioner Hilton

 

2.                  ROLL CALL

            Mayor Jack Brady

            Vice Mayor Rich Moyle

            Commissioner Gary Frankel

            Commissioner John R. Cangemi

            Commissioner David G. Hilton

            City Manager Richard D. Sala

            City Attorney Samuel Goren

            Acting City Clerk Patricia Vancheri

 

3.                  MINUTES – Commissioner Frankel moved to accept the September 19, 2007 and October 9, 2007 seconded by Commissioner Hilton. All yes

 

4.                  PRESENTATIONS - none

 

5.                  PUBLIC DISCUSSION –

 

1.      State Representative Ari Porth told Commissioners he was honored to represent North Lauderdale. He has one precinct in North Lauderdale and his office is located in Coral Springs and he is always available to help North Lauderdale and its residents.

 

2.      Keith Yacano told all the Commissioners about a new Wal-Mart in Coral Springs. He advised Public Works director Mike Shields that he gets wet every morning taking the bus to work because there are no bus shelters. He also advised the Commission that there were gangs hanging out at the USA Grocery and more police protection was needed. Mayor Brady advised Keith there are High School students who wanted to a project and the bus shelters might be something they could do.

 

6.                  QUASI-JUDICIAL ITEMS – none

 

7.                  ORDINANCES SECOND READING –

 

a.      Second Reading and Final Adoption:   Proposed Fee Schedule Revision (Appendix F) - To modify Building Permit, Land Development and Comprehensive Planning and Zoning Fees to provide for Expedited Permit Fee.

 

Commissioner Frankel moved to read the ordinance title.  Seconded by Commissioner Hilton.  All yes

 

Attorney read:

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING APPENDIX F, "FEES", OF THE CITY OF NORTH LAUDERDALE CODE OF ORDINANCES BY AMENDING ARTICLE I, ENTITLED "COMMUNITY DEVELOPMENT FEE SCHEDULE”; TO PROVIDE FOR EXPEDITED PERMIT FEE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.

 

Community Development Director Tammy Reed-Holguin told Commissioners this item for second reading was for the institution of an expedited permitting process for an additional fee to accommodate single-discipline permits that are relatively routine in nature.  This process will be available to homeowners, contractors and other property owners who are applying for a permit that requires review by one building discipline and who desire to obtain their permit in an expedited fashion. 

 

Motion to approve was made by Commissioner Frankel and seconded by Commissioner Cangemi.

 

ORDINANCE 07-10-1196 PASSED AND ADOPTED UNANIMOUSLY

 

8.                  CONSENT AGENDA

 

Motion to read Consent Agenda made by Commissioner Frankel and seconded by Commissioner Cangemi. All yes

 

Attorney read:

 

a.      RESOLUTION - Payment to Broward Sheriff’s Office (BSO) for City’s Youth Soccer Program – (Mike Sargis)

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND AUTHORIZING THE EXPENDITURE OF $18,000.00 TO THE BROWARD SHERIFF’S OFFICE TO COVER THE SHERIFF’S FEE FOR THE 2007-2008 YOUTH SOCCER PROGRAM AND, PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION 07-10-5268

 

b.      RESOLUTION- Purchase of Water Splash Play Equipment – (Mike Sargis) 

 

                                            i.       Authorizing the expenditure of $33,870.00 to Water Odyssey for the purchase of Water Splash Play area components out of the Parks and Recreation Department’s Capital Budget 1217074-563100.

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE AUTHORIZING THE EXPENDITURE OF $33,870.00 TO WATER ODYSSEY FOR THE PURCHASE OF WATER SPLASH PLAY AREA COMPONENTS UTILIZING THE FUNDING  AVAILABLE IN THE PARKS AND RECREATION DEPARTMENT CAPITAL BUDGET 1217074-563100; AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION 07-10-5269

 

                                          ii.       Authorizing the expenditure of $14,328.00 to Water Park Experts for the purchase of Water Splash Play area components out of the Parks and Recreation Department’s Capital Budget 1217074-563100.

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE AUTHORIZING THE EXPENDITURE OF $14,328.00 TO WATER PARK EXPERTS FOR THE PURCHASE OF WATER SPLASH PLAY AREA COMPONENTS.  FUNDING IS AVAILABLE IN THE PARKS AND RECREATION DEPARTMENT CAPITAL BUDGET 1217074-563100.

 

RESOLUTION 07-10-5270

 

c.       RESOLUTION- Purchase of Water Splash Play Area Filtration System – (Mike Sargis)

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE AUTHORIZING THE EXPENDITURE OF $37,485.20 TO COM PAC FILTRATION INC., FOR THE PURCHASE OF WATER SPLASH AREA FILTRATION SYSTEM.  FUNDING IS AVAILABLE IN THE PARKS AND RECREATION DEPARTMENT CAPITAL BUDGET 1217074-563100, AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION 07-10-5271

 

d.      Request to Extend Hours of Operation for New Year’s Eve Party at the Polish American Club on Rock Island Road – (Tammy Reed-Holguin)

 

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, subject to the requirements outlined in the staff memorandum.

 

e.      The Answer Group (TAG) Thanksgiving Employee Carnival – (Tammy Reed-Holguin)

 

MOTION:  To approve “The Answer Group Thanksgiving Special Event” to be held on Monday, November 19, 2007 from 2:00 PM to 9:00 PM subject to the requirements outlined in the staff memorandum.

 

Consent agenda moved as read by Commissioner Frankel seconded by Vice Mayor Moyle. All yes.

 

CONSENT AGENDA APPROVED UNANIMOUSLY

 

9.                  OTHER BUSINESS

 

a.      RESOLUTION - City of North Lauderdale (“City”) / Independent Contractor Professional Services Agreement for City Attorney

 

Commissioner Frankel motioned to read and seconded by Commissioner Cangemi. All yes.

 

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, 2007 TO SEPTEMBER 30, 2008 AUTHORIZING THE MAYOR TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION AND PROVIDING FOR AN EFFECTIVE DATE.

 

City Manager Richard Sala advised the Commission that his staff put this contract together and there are just a few minor adjustments. Thanked City Attorney Sam Goren on behalf of himself and his staff for all the help he has given the past year. Mayor Brady on behalf of the City Commission thanked Sam for always being available for them whether it is 6 am in the morning or 11 pm at night.

Motion to approve contract was made by Vice Mayor Moyle and seconded by Commissioner Cangemi. All yes. City Attorney Goren told the Commissioners it is an honor and a privilege to seat in this seat as your City Attorney. The staff and its professionalism are exemplary at all times. It is my pleasure to have served for 28 years which I celebrated a birthday yesterday and realized I have spent half my life in North Lauderdale and it has been a sincere pleasure. Thank you.

 

RESOLUTION 07-10-5272 PASSED AND ADOPTED UNANIMOUSLY.

 

b.      RESOLUTION - Law Enforcement Trust Fund Purchases – (Lt. Ed Sileo)

 

Motion to read made by Commissioner Frankel and seconded by Commissioner Hilton

 

Attorney read:

 

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 AN AMOUNT NOT TO EXCEED $64,500.00 FROM THE LAW ENFORCEMENT TRUST FUND FOR THE PURCHASE OF TWO (2) PORTABLE RADAR SPEED DISPLAYS; TWO (2) CARDIOVASCULAR EXERCISE EQUIPMENT;   ONE (1) DIGITAL CAMERA DETERRENT SYSTEM; AND (25 ) AR-15 PATROL RIFLES WITH A GUN  SAFE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

City Manager Richard Sala asked Broward Sheriff Lt. Ed Sileo to come forward and discuss the item. I want to first thank all of you for my first year here I have very warmly received and I do appreciate it. Chief Lou Cavallo is away at a conference and I am doing my best to fill in for him. Lt Sileo explained to the Commission what the Law Enforcement Trust was and stated at the present time there was $275,000 in the fund. All expenditure requests come from the Chief and then are approved by the City Commission. The expenditures are then reviewed by the City Attorney and BSO legal office. We are requesting four different items to purchase through the Law Enforcement Trust Fund two (2) portable radar speed displays: two (2) cardiovascular exercise equipment; one (1) digital camera deterrent system; and (25) AR-15 patrol rifles with a gun safe.  City Manager Richard Sala advised the Commission that all the property bought with the Trust will remain North Lauderdale property.

 

Motion to approve trust fund purchases made by Commissioner Frankel and seconded by Commissioner Cangemi. All yes.

 

RESOLUTION 07-10-5273 PASSED AND ADOPTED UNANIMOUSLY

 

a.      RESOLUTION - Water Splash Play Equipment Installer Contract – (Mike Sargis)

 

Motion to read made by Vice Mayor Moyle and seconded by Commissioner Cangemi. All yes.

 

Attorney read:

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE AUTHORIZING THE AWARDING OF A CONTRACT TO ULTIMATE POOLS IN AN AMOUNT NOT TO EXCEED $148,500.00 FOR THE INSTALLATION OF THE WATER SPLASH PLAY AREA AT THE JERRY RESNICK AQUATIC CENTER, AND PROVIDING FOR AN EFFECTIVE DATE.

 

Parks and Recreation Director Mike Sargis informed the Commission that this project is being funded through the Florida Recreation Development Assistance Program (FRDAP) grant of $400k - $200k in state grant & $200k City match. The final major step of completing this project is to select a vendor to install various components of the structure.  The City has selected 3 vendors to provide the splash equipment and filtration system.  The vendors selected provided the best prices through the RFQ process offered by the Project Engineer.  Installation of the play area is a rather detailed process that requires a professional installer to handle different components and systems of the water feature. Staff has done a lot of work to find the best installer and to insure it would be done with out problems and on time. The pool is scheduled to re-open March 1st and that is the deadline we gave them. Ultimate Pools is one of, if not the best pool renovation company in the area.  Ultimate Pools has completed numerous projects for the City at the Aquatic Center as well as the Senior Center Pool and their work has always met or exceeded our expectations.  Along with having worked closely with the City in the past, Ultimate Pools has also worked closely with the Project Engineer Aquatic Technologies and is extremely familiar with the splash area components and filtration system we are purchasing. The total cost is $148,500. Sargis showed pictures of the way the new splash and pool area will look once completed. This will be a huge addition and people are already looking forward to this project to be completed by March 2008.

 

Motion to approve the contract was made by Commissioner Frankel and seconded by Commissioner Cangemi. All yes.

 

RESOLUTION 07-10-5274 PASSED AND ADOPTED UNANIMOUSLY.

 

10.              REPORTS

 

a.      Wal-Mart Update – Attorney Susan Motley representing Wal-Mart told Commissioners that she knows all of you are very anxious to get this project started. Wal-Mart asked if we could delay this discussion until the Nov. 29th meeting. Motley said the reason for the delay is because Wal-Mart is working on the closing with John Mcgill who is the developer they selected and we have had some peaks and valleys, but Mcgill is very committed to the project. The plan is Mcgill will do the site work and build the pad for Wal-Mart and Wal-Mart will have its own developer build the store. We originally thought the closing would be the end of October beginning of November, but there are issues and document due to the duel developers, so we are looking at mid November. I will come back to that meeting because everything should be set by then and Mcgill will be on board to tell you the about the prospective tenants. Because it is not settled yet, I am not at liberty to discuss that this evening. It has been a very long road and we are well aware of our site plan deadline the end of February and we thank you for giving us that extension.

 

Mayor Brady question whether by the November meeting everything will be signed. Attorney Motley said the closing should be completed by then. Mayor Brady asked when Wal-Mart will start building their property and the hotel starting building their property. Attorney Motley said she could not answer on the hotel other than they are still committed. It will be two or three months for Wal-Mart to start their work, but Mcgill will be getting the site prepared before that. Attorney Motley said she would coordinate with the City Manager about a ground breaking. Mayor Brady said our residents were promised a nice new Wal-Mart where they can buy groceries, toys and such and we have been waiting months and months and we want this project to get started. Commissioner Cangemi questioned whether Motley would be the only one at the next meeting and Motley said no she anticipated more representation. Commissioner Cangemi said he would hope Wal-Mart would come back in November with some very concrete information, because this whole project is becoming very frustrating. Mayor Brady said that this Commission is very excited to have this wonderful project come into our city. City M

 

b.      Report on Vending Machine “Request For Proposal” (RFP) – Parks and Recreation Director Mike Sargis stated at July 17th, Commission meeting, the Parks and Recreation Department released a Non-Drink Vending Snack Machine RFP (Request for proposal) and only received on bid back. The vendor that submitted the bid raised all its prices. The vendor would need to charge between $0.70 and $0.85 per item.  This was a cost increase of about $0.30 to $0.40 cents per item. Staff has developed the following three (3) options and would like to seek Commission’s feedback and direction tonight to select one option. The City enters into an agreement with the only bidder that responded to the RFP and let the vendor charge the fees outlined above. City staff could go out and find a vendor to machines in the city and the third option would be the City could purchase the vending machines and run the service ourselves. This process in turn would result in 100% of the profit coming to the City.  At this point we are just looking for direction from the Commission. Mayor Brady questioned how much it would cost for us to purchase our own machines. Sargis said each machine is about $2,000 The vendors set the price for the items in the machine we have no control and the costs do keep going up. Mayor Brady said he likes the idea of the City purchasing the machine and Commissioner Hilton agreed. Commissioner Cangemi questioned whether the City could lease the machine. Sargis said he only had time to do a little research, but staff would research more on costs and possible leasing. City Manager Sala said to also analyze the cost of staff having to stock the machines. Sargis will bring back the findings at another meeting.

 

Mayor requested that two high school students be allowed to speak. They had intended on speaking under public discussion, but the bus ran late.

 

Taviann Josephs and Taylor Jackson said they were from Fort Lauderdale High School. We have political class public affairs and we have to go out into the community and find an issue to work with the city on. The issue we found are the bus shelters in the city…the rain and heat are not good for children and especially senior citizens. We would have to come up with a resolution to get some shelters and that would be really good. Mayor Brady said first go see Mr. Shields our Public Works Director who handles our bus benches. Another thing we are looking at is the Veteran’s Park we have a nice monument, but thinking a reef can be placed there and have a small ceremony to honor those who served and are serving.

 

11.              COMMISSION COMMENTS

 

Mayor Brady asked staff to research a four day workweek. Tamarac and Coconut Creek have it and there is money saved. Have staff to see if it worth us looking at this. I believe it is good for our residents if they come in at night and pay their water bill or to see some one. Not everyone can get off work to take care of business. I just want to see if it economically feasible. City Manager Richard Sala said there have been some successful models around Broward and out of state and staff will take a look at those. All yes to get more information.

 

12.              CITY MANAGER COMMENTS

 

a.      Event Dates

 

City Manager Richard Sala updated the Commission on the up coming events this weekend Haunted Hampton’s and later in the week the Orange Trail. Staff puts a lot of work into these events, so we would like to see you there or scare you there. I want to thank the Assistant City Manager and the City Clerk for pulling this agenda together. The Commission moved the meeting up a week, but it came out great.

 

We have scheduled upcoming events for Saturday, December 1st - Broadview Community Bazaar – 11:00 a.m. – 3:00 p.m. – Pompano Park Community Park –4100 Bailey Road;

Monday, December 3rd - Menorah Lighting - 3:30 PM - City Hall Commission Chambers and Wednesday, December 12th - Holiday Tree Lighting Ceremony - 7:15 PM - City Hall Front Lawn. Take a look at these dates and if there are no conflicts we will push head

 

13.              CITY ATTORNEY COMMENTS

 

One quick item, at the last Commission meeting I briefed you on the Stand case which involves how Cities, CRA’s and Counties can borrow money and if indeed they would have to go a Referendum to so. The case was argued before the Supreme Court on Oct. 9th and we believe a decision will be coming in the next couple of weeks. This is a very important decision for local and county government. I will keep you advised. Another item we discussed at the last meeting was the Hirsch case—the challenge by Mayor Hirsch of Weston in regards to the ballot question in January.  The district court ruled the language was unconstitutional and removed from the ballot. The State has filed an appeal with the Supreme Court. Mayor Hirsch also filed an appeal on the constitutionality of whether State Legislators have the right to require municipalities to roll back ad valorem tax rolls. These are very important issues and you will be briefed as it progresses.

 

City Manager Richard Sala said he wished he didn’t have to say this but he would much rather deal with a hurricane then deal with all this stuff come down from the State. We are in a stranglehold where Charter Counties will be able to exert power of local cities. This is really scary. The Strand Case, the proposed legislation coming from the State and the economy hitting a bump is getting real heavy on our backs. We need your patience and input to get through all of this.

 

14.              ADJOURNMENT— There being no further business, the meeting adjourned at 7:55 p.m.

 

Respectfully submitted,

 

 

 

Patricia Vancheri, Interim City Clerk

(Transcribed by Deputy Clerk Donovan)