CITY OF
COMMISSION MEETING
TUESDAY, MARCH 17,
2009
REGULAR MEETING –5:30 P.M.
MINUTES
The North Lauderdale City Commission met on Tuesday, March 17, 2009 at the Municipal Complex. The meeting convened at 5:35 p.m.
1. INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Moyle gave the invocation.
2.
ROLL CALL
Mayor
Vice Mayor
Commissioner
Commissioner Rich Moyle
Commissioner David G.
Hilton
City Manager
City Attorney
3.
APPROVAL OF MINUTES – None submitted
4.
PROCLAMATIONS
a.
Water Conservation Month – Clerk read Proclamation into the record.
Mayor Brady presented the Proclamation to Carole Morris, from the South Florida
Water Management District. Ms. Morris thanked the Commission on behalf of the
District and reminded everyone that we are coming out of a very dry season,
which is the 3rd driest on record and that it is very important to
keep water conservation in the forefront.
b.
14th Annual Children’s Week – Clerk read Proclamation into the record.
c.
National Crime Victim’s Rights Week – Clerk read Proclamation into the record.
5.
PUBLIC DISCUSSION
Mayor Brady – thanked Mr. Eric Battjer,
International MMA Boxing, for the event which was held in the gym on Saturday,
March 14th. Mayor Brady said that the
event ran orderly and smoothly and that $2,000.00 was donated to the Parks and
Recreation Department. He suggested
doing this regularly to raise funds for the kids.
Luis Davila -
Steve Hillebrand –
6.
QUASI-JUDICIAL ITEMS
a.
SPECIAL
EXCEPTION USE: SEU 08-06
NAME OF APPLICANT: Organizacion Cristiana Amor Viviente, Inc.
PROJECT NAME: Organizacion
Cristiana Amor Viviente,
Inc.
PROJECT LOCATION:
PROJECT DESCRIPTION: Special Exception Use request to permit a church,
which is a Community Facility (CF) use, in a Community Business (B-2)
Zoning District.
Clerk Vancheri swore in all
persons wishing to speak on the item.
Tammy Reed-Holquin, Community Development
Director, presented the item. She
reported that the church already has a couple of bays in Jefferson Square and
that in the applicant’s letter of intent, they indicated that they would add
Suite G & H at 6043 Kimberly Blvd to the existing church to be used as a
sanctuary and a classroom, and also add Suite A & B at 6045 Kimberly Blvd
to be used as offices. Ms. Reed-Holguin
said that one of the primary requirements for any CF use in a non-CF zoning
district is that such uses may not exceed 20% of the gross square footage of the
shopping center or business property.
She said this request would bring the total for
Commissioner Frankel made a motion to
approve the proposed Special Exception Use permit to operate a church in a
Community Business (B-2) Zoning District.
Vice Mayor Cangemi seconded. No
Commission discussion. Clerk polled
Commission. All yes.
7.
ORDINANCES SECOND
a.
ORDINANCE – Second
Commissioner Frankel moved to read. Seconded by Vice Mayor Cangemi.
Attorney read:
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER
70 OF THE NORTH LAUDERDALE CODE OF ORDINANCES, ENTITLED “UTILITIES”, BY
SPECIFICALLY AMENDING SECTION 70-6, ENTITLED “BILLING PROCEDURE, DELINQUENT
ACCOUNTS”: PROVIDING FOR AN AMENDMENT TO THE CITY’S BILLING PROCEDURES FOR
DELINQUENT UTILITY ACCOUNT PAYMENTS; PROVIDING FOR A LATE FEE FOR DELINQUENT
UTILITY PAYMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
Steven Chapman, Finance Director, presented
the item. Mr. Chapman said, as was
discussed at the first reading of this ordinance, this is going to be able to
increase slightly the amount of time people will have to pay their bills and
make it easier to administer the process.
He said it will also help to correct some of the resident complaints on
the situation. Public Hearing opened. No
comments. Public Hearing closed.
Commissioner
Moyle made a motion to approve. Seconded
by Vice Mayor Cangemi. Commissioner Moyle said in light of
complaints such as Mr. Hillebrand’s earlier, he was
concerned and wanted to know why US Water would allow a billing to go past due
for nine months. Also, he said since the
property owner is responsible for the water, shouldn’t they receive the bill as
well as the tenant. Commissioner Moyle
said he doesn’t recall these things happening to this degree in the past, and
it is a mistake on our part if property owners who have tenants don’t know what
is going on with billing, but being held responsible for the bill. He said he doesn’t see how the extension of
time is necessarily going to correct the situation, and would like more
understanding of the procedures. City Manager Sala said he needs the Commissions’
assistance because this has been brought before the Commission many times and
the pendulum swings from being lenient toward collection and being aggressive
with shutting off water, and even suggested having a workshop to get a
directive from the Commission.
Commissioner Moyle commented that water is essential to life, and it is
more important that people pay their water bill before phone or cable, and that
those services would be turned off immediately for non-payment. Commissioner
Moyle said he wants to do the right thing.
Commissioner Hilton commented that he agreed with Commissioner Moyle,
but there have been several problems come up in the past six months and would
like to know how many residents have bills that are old that nothing is being
done about. He said if water is shut
off, the bills will be paid.
Commissioner Frankel agreed with Commissioner Moyle and said there is a
bigger problem with dead-beat accounts and some accounts may have to be flagged
if they have gone too delinquent and should be turned off. City Manager Sala said he will have US Water
at the workshop and will look at several scenarios to get a consensus from the
Commission on procedures or changes.
Vice Mayor
Cangemi made a motion to schedule a workshop on the proposed ordinance. Seconded by Commissioner Moyle. All in favor.
Commissioner
Moyle made a motion to table the item until after the workshop. Commissioner
Frankel seconded. All in favor. Item was tabled to a time uncertain.
8.
CONSENT AGENDA
Commissioner Moyle removed
item 8(b) from Consent Agenda.
Commissioner Frankel moved to read Item 8(a). Vice Mayor Cangemi seconded.
Attorney read Item 8(a):
a.
SUBJECT: Special Event Permit (SPEV 09-01)
Our Lady Queen of
MOTION: To approve Our
Lady Queen of Heaven Church Classic Car Show to be held on Sunday, April 25,
2009 from 9:00 A.M to 3:00 P.M. on the church grounds, subject to conditions
listed in staff’s memorandum.
Commissioner Frankel made a motion to approve. Seconded by Vice Mayor Cangemi. All yes.
b.
ORDINANCE – First Reading:
SUBJECT: Amendment
to Chapter 26 of the City’s Code of Ordinances, entitled “Health and
Sanitation”, by specifically creating Article IV, to be entitled “Shopping
Carts”; requiring retail establishments to develop and implement plan for
containment and retrieval of shopping carts; requiring identification of
shopping carts; requiring posting of signs; providing for penalties; providing
for conflicts; providing for severability; and providing for an effective date.
APPLICANT: City of
Commissioner Frankel moved to read Item 8(b). Seconded by Commissioner Moyle.
Attorney read title:
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER
26 OF THE CITY’S CODE OF ORDINANCES, ENTITLED “HEALTH AND SANITATION”, BY
SPECIFICALLY CREATING ARTICLE IV, TO BE ENTITLED “SHOPPING CARTS”; REQUIRING
RETAIL ESTABLISHMENTS TO DEVELOP AND IMPLEMENT PLANS FOR CONTAINMENT AND
RETRIEVAL OF SHOPPING CARTS; REQUIRING IDENTIFICATION ON SHOPPING CARTS;
REQUIRING POSTING OF SIGNS; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Moyle said he thinks this is a real good idea because he was
having trouble many years ago with individuals stealing the shopping carts and
leaving them on his front lawn or pushing them into the canal. He said the Public Works department and City
Manager at that time had implemented a plan to pick up and contain the shopping
carts and then have the store owners retrieve them, until they found that state
law precluded them from doing that because the retail lobbyists made it so that
the cities could not have ordinances such as this, and asked if the law had
changed. City Attorney Horowitz state
law had changed with regard to regulating shopping carts and this ordinance is
consistent with state law. Commissioner
Moyle stated that this is stealing, but people cannot be prosecuted for it. Attorney Horowitz commented that this ordinance
puts an affirmative obligation on the retail establishments and that the
establishments may have alternate recourse against persons walking off with the
carts, but this puts owners at obligation to the City to post signs and have a
retrieval plan. Public Hearing
opened. No comments. Public Hearing closed.
Commissioner Moyle made a
motion to approve. Vice Mayor Cangemi
seconded the motion. Clerk polled
Commission. All in favor.
ORDINANCE PASSED UNANIMOUSLY
ON FIRST
9.
OTHER BUSINESS
a.
RESOLUTION - Financial Adjustments
Commissioner Hilton moved to read.
Seconded by Vice Mayor Cangemi.
Attorney read title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, PROVIDING FOR THE APPROPRIATION OF UNENCUMBERED FUNDS FOR THE
REPAYMENT OF OUTSTANDING CAPITAL LEASES AND INCURRED CAPITAL EXPENSES FOR
FIREHOUSE STATION 34 UP TO AND INCLUDING THE 2008/2009 FISCAL YEAR, TO PROVIDE
FOR THE RECOGNITION OF A LOAN FROM THE GENERAL FUND TO THE FIRE/RESCUE FUND IN
THE TOTAL AMOUNT OF $2,628,618; DESIGNATING THE SOURCES OF THE APPROPRIATIONS;
DESIGNATING THE AUTHORIZED EXPENDITURES AS PROVIDED HEREIN; PROVIDING FOR THE
FINANCE DIRECTOR TO MAKE ALL NECESSARY BUDGET AND ACCOUNTING ENTRIES NECESSARY
TO COMPLETE THE INTENT OF THIS RESOLUTION; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND, PROVIDING FOR AN EFFECTIVE DATE.
Steven Chapman, Finance Director, presented the item. Mr. Chapman said there are a number of items
that have come to his attention in looking at some of the financial changes
that need to be made to put the City in a good position going forward. Mr. Chapman indicated that there was an
outstanding loan agreement between the General Fund and the Fire/Rescue Fund. He said in November of 2006 the Commission
gave the City Manager and Finance Director to go forward with the completion of
Fire Station 34 and to determine what financing would be appropriate. The Fire
Station has now been built and the final reconciliation has been done and the
remainder that needs to be completed to final out the account is
$2,628,618. Mr. Chapman determined that
an internal loan between the general fund and the Fire/Rescue Fund would be the
most appropriate to finance this. The
general fund would loan the Fire/Rescue Fund the money and they would transfer
the funds to the Fire Station 34 construction fund to be finalized and
completed. Mr. Chapman reminded the
Commission that they had approved 3.1 million for construction, but final
accounting is only approximately 2.6 million, which is a savings. Mr. Chapman also said he reviewed the capital
leases the City has and in a very low interest rate environment, which we are
currently in, we have a number of capital leases outstanding where the interest
rates being paid presents an investment opportunity for the City. He said by paying down these capital leases
early we are able to bank the interest expenses that we would have had by going
out the full term of the lease. Mr.
Chapman said that the savings, if paid off early, would be almost $52,000 in
interest savings. Further, Mr. Chapman
said he wholly recommends doing this.
City Manager said the Finance Director and Controller have been looking
for ways to save dollars and have some additional financial strategies to bring
forth later. Commissioner Moyle said it
is a good idea.
Commissioner Frankel made a
motion to approve. Seconded by
Commissioner Hilton. Clerk polled
Commission. All yes.
RESOLUTION NO. 09-03-5413
PASSED AND ADOPTED UNANIMOUSLY
b.
ORDINANCE – First
Commissioner Moyle moved to read. Seconded by Commissioner Hilton.
Attorney read title:
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING
APPENDIX “F” OF THE CITY CODE OF ORDINANCES, ENTITLED “FEES,” AND IN PARTICULAR,
SECTION 60, THEREOF, ENTITLED “WATER AND SEWER GENERALLY,” OF THE CODE OF
ORDINANCES OF THE CITY OF NORTH LAUDERDALE, FLORIDA, IN ORDER TO REVISE THE
MONTHLY RATES AND CHARGES FOR WATER AND SEWER IN THE CITY OF NORTH LAUDERDALE,
FLORIDA; ACCEPTING THAT CERTAIN WATER AND WASTEWATER UTILITY RATE STUDY
PERFORMED AND PREPARED BY CALVIN, GIORDANO AND ASSOCIATES, INC., WHICH IN PART
FORMS THE BASIS OF THIS AMENDMENT TO THE WATER AND SEWER RATES OF THE CITY OF
NORTH LAUDERDALE, FLORIDA; PROVIDING FOR THE PROVISION OF NOTICE PURSUANT TO
SECTION 180.136, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE
DATE.
Finance Director, Steve Chapman, passed out a fully documented Water Rate
Study and reminded the Commission that a workshop was held on this item. He said the numbers have not changed since
the workshop presentation. The
consulting firm, Calvin, Girordano & Associates
was present to answer any questions. Mr.
Chapman said they are recommending a water rate increase to approximately
$68.00, and the rate right now is $51.00.
Mr. Chapman indicated that the rate increase is necessary to remain
financially viable in the water and utility system, primarily due to water
restrictions and conservation efforts.
Mr. Chapman reported that the expenses are going up and the revenues are
falling, and this will help balance it out and provide needed financing for
capital repairs to the water system.
Public hearing was
opened. No one from public
commented. Public hearing closed.
Commissioner Moyle made a
motion to adopt on first reading.
Seconded by Vice Mayor Cangemi.
Vice Mayor Cangemi asked if there was any way to defer the increase for a
while. Finance Director replied that the
longer you defer this, the longer you put off being able to do any maintenance
to the facility and the higher the risk you run of becoming insolvent. Commissioner Moyle asked about an item
mentioned during the workshop regarding 14% of the meters not being read and
uncollected revenue. City Manager Sala
said that figure was just in theory, that there is no evidence on that, and
they do not know for sure if that is actually money being lost and would not
want a decision made on theory.
Commissioner Moyle commented that he did not want to make a decision on
a water rate adjustment without knowing for certain. Mr. Bloetscher of
Calvin, Giordano explained that the 14% is the unaccounted for water in the
system, which is the difference between water leaving the plant and water that
is registered on someone’s meter. He
indicated that in looking at the billing, it appears that about 5-7% of meters
that are zero reads, which means they are not registering anything, and those
should be investigated to determine if they are people who are gone or people
who never turned the meter off such as a foreclosure house. Mr. Bloetscher said
that 14% is not unreasonable given the age of the system. Mike Shields added that unaccounted for does
not mean meters only, but could be leaks in pipes or fire flow since it is an
aging infrastructure. Commissioner Moyle
asked if this increase is based on water we’re losing? Mr. Bloetscher
explained that it doesn’t work that way and what they look at is the current
budget, which has a significant shortfall, because you are seeing the actual
water being sold in the system is about 15% less than it was in the prior rate
study three years ago, and even with 5% increases each year, as expenses
increase, you’ve lost traction. He said
the water being sold is continuing to decrease.
Commissioner Moyle asked if it was a feasible thing to project an
increase over three years, as done in the past, and Mr. Chapman replied that by
doing something like that is potentially putting off needed repairs to the
system for three years. Vice Mayor
Cangemi asked about the transfer of reserves.
Mr. Bloetscher gave an explanation. Mr. Shields reported that the two big
components they are trying to fix is the forty year old plant, which has had
minimal work done over the years and upgrade that, and on the sewer side they
need to spend money to maintain the sewer infrastructure, mainly the
underground pipes. Mr. Sala said this is
how the utility budget needs to adjust to get there, to get on a schedule to collect
the money that is needed to protect the water commodity that we produce. Further, Mr. Shields commented that the rates
are still lower than most countywide hefty increases. No further comments.
Clerk polled Commission. Commission vote:
Vice Mayor Cangemi Yes
Commissioner Moyle Yes
Commissioner Hilton Yes
Commissioner Frankel No
Mayor Brady No
ORDINANCE PASSED ON FIRST
c.
RESOLUTION -
Re-Negotiation of Agreement to outsource Aquatic Division Operations
Commissioner Frankel moved to read.
Seconded by Vice Mayor Cangemi.
Attorney read title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO THE
FIRST AMENDMENT OF THE EXISTING AGREEMENT WITH JEFF ELLIS AND ASSOCIATES INC.,
AKA JEFF ELLIS MANAGEMENT; FOR THE OPERATION OF THE NORTH LAUDERDALE JERRY
RESNICK AQUATIC CENTER FOR THE NEXT THREE YEAR TERM AND, PROVIDING AN EFFECTIVE
DATE.
Michael Sargis, Parks and Recreation Director, reported that back in June of 2006 the Commission authorized outsourcing the operation of the Aquatic Division in the Parks and Recreation Department for a way to save money because recreation amenities usually don’t pay for themselves and in this day and age it is important to make them as efficient as possible. Mr. Sargis said the savings in the first year of being contracted out was approximately $120,000. He said they have gone through the first three years of the contract and it is set to expire at the end of September of 2009. Mr. Sargis further stated that during the budget process the Commission authorized to negotiate with Jeff Ellis Management for a renewal of the three year contract and he is bringing forth a new agreement, along with the new three year rates. He said that basically each year the rates have gone up by about $12-14,000, but the year the pool service was contracted out, the total operating costs for staff and benefits was $302,000. Mr. Sargis commented that by contracting out the service, through the six years, the savings will be approximately $750,000 in staff and benefits costs, plus the service and customer satisfaction at the pool.
Commissioner Moyle moved to approve.
Seconded by Vice Mayor Cangemi. No Commission discussion. All yes.
RESOLUTION NO. 09-03-5414 PASSED AND APPROVED UNANIMOUSLY
10.
REPORTS
a.
Update on Agreement between the City and United
Homes for
Jesus Valdes, Code Enforcement Supervisor, reported that
at the February 24th meeting, Tony Mijares
of United Homes requested that a Summons to Appear at a Special Magistrate
Hearing issued by the Code Compliance Department be postponed to allow him time
to discuss the matter with his legal counsel.
Mr. Valdes said the City was very sensitive to the request and much
effort was made to accommodate the request, resulting in a mutual agreement
that satisfied the City requirements and gives Village Park reasonable time to
properly notice the owners of the RVs to remove the remaining recreational
vehicles from the property, prior to the start of hurricane season, which is
June 1st. He said the
pre-arranged agreement was possible after much communication and careful
consideration of the issue and with the assistance of legal counsel for both
parties.
11.
COMMISSION COMMENTS
a.
Discussion and possible Motion…Mobile Car
Washing
Mayor Brady - passed the gavel and made a motion to
direct the City Attorney to draft an ordinance changing the Code of Ordinances
to allow for permitting for mobile car washing. Commissioner Frankel
seconded the motion. City
Attorney Horowitz commented that there are a number of issues associated with a
mobile car wash concept, not the least of which is zoning and land use
ramifications that may be in place, as well as certain business license tax
implications. He said there is a
distinguishing factor between a mobile car wash that comes to someone’s house
and offers to wash cars, versus a permanently fixed establishment. Attorney Horowitz requested time to do research
before drafting an Ordinance to determine all the nuances that need to be
factored in. Commission was in
consensus.
Vice Mayor Cangemi – commented on the trip to Broward Days in
Vice Mayor Cangemi made a motion to bring on Ericks
Consultants as part of the lobbying team at no extra cost to the City. City Manager Sala said they would have to
look to see where the cost would fit into the budget, because you would have to
pay them at least what Mr. Sigerson gets. Commissioner Moyle said he knows Ericks is a good firm, but would like to see someone who
knows the other side. Mayor Brady said he has known of Candace Ericks for years and has seen the good job she does. Mr.
Sala asked what the Commission’s directive was.
Vice Mayor Cangemi said he would like to contact Ericks
Consultants and see if they can come on board for the rest of this year’s
session and to discuss a fee. Mr. Sala
asked if this motion would be to not exceed a $10,000.00 negotiation. Vice Mayor Cangemi replied yes. Commissioner Frankel seconded the
motion.
Vice Mayor Cangemi also discussed a policy for offering jobs within the
City to employees first before advertising.
City Attorney Horowitz said at the Commission’s direction, they will
research the concept and report back.
Vice Mayor Cangemi moved to direct the City Attorney’s office to look
into the issue of providing an opportunity for employees to apply for open job
positions before advertising outside.
Commissioner Frankel seconded the motion. All in favor.
Commissioner Rich Moyle – reported on a letter sent to the Broward
County Commission regarding having a hazardous waste facility here in
Commissioner Moyle also commented on the Newsletter and complimented
Commissioner Moyle read a statement about two issues brought to his
attention by the Florida League of Cities Attorney, Bruce Johnson, while he was
waiting to testify in a lawsuit brought against the City. Commissioner Moyle said he would like the
Commission to discuss the issues and later take action. The first issue was regarding a letter of
reference written by a board member on City letterhead on behalf of a former
employee and Commissioner Moyle suggested censuring Commissioner Frankel. The second issue was regarding the
irresponsible use of the City’s public records in that Attorney Johnson advised
Commissioner Moyle that the original recorded tape of the July 12, 2005
Commission meeting was given to the former employee for use in her lawsuit, and
Commissioner Moyle voiced concerns about the original tape. Commissioner Moyle made a motion to direct
the City Attorney’s office to prepare a resolution to start proceedings to
initiate an investigation on these two issues.
Vice Mayor Cangemi seconded the motion.
No Commission discussion. All in
favor.
1.
CITY MANAGER COMMENTS
City Manager Sala asked Fire Chief Kevin Bowman to make an announcement
to the Commission. Chief Bowman reported
that at the end of this month and the beginning of next month they will be having
some Firefighters Emergency Medical Service drills for varied multiple casualty
scenes to see how well they’re done to make sure that they are properly
trained.
2.
CITY ATTORNEY COMMENTS
a.
Discussion on Planning & Zoning Board
Member’s Failure to Comply with Florida Commission on Ethics Requirements
Attorney Horowitz reported that a Planning and Zoning Board member,
Carlton Jackson, failed to timely file a Form 1 Financial Disclosure with the
Florida Commission on Ethics, was found to be in violation and has since
appealed to the Commission. Mr. Horowitz
said we are waiting to hear from them as to the final outcome with regard to
imposing penalties, and he will monitor the situation to determine if any
action is required by the City Commission.
Mayor Brady said these people serve on our boards for free and asked if
there was anything the Commission could do to help. Attorney Horowitz said on these
quasi-judicial boards, the members are advised upon their appointment as to
their responsibility to file with the Commission on Ethics. He said to the extent that this member is
found to be fined, the Commission could make a statement to the Commission on
Ethics, but that ultimately it is their decision whether or not to impose
penalties and there is very little the City can do to adjust the fine. Mayor Brady passed the gavel and made a
motion for the City Commission to send a letter in support of Mr. Jackson to
the Florida Commission of Ethics.
Commissioner Frankel seconded the motion. Clerk polled Commission. All yes.
3.
ADJOURNMENT – There being no further discussion, the meeting adjourned at 7:11 p.m.
Respectfully submitted,
Patricia Vancheri
Interim City Clerk