CITY OF NORTH LAUDERDALE

COMMISSION MEETING

THURSDAY, JANUARY 24, 2008

REGULAR MEETING – 7:00 P.M.

 

 

MINUTES

 

 

1.                  INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Hilton gave the invocation.

 

2.                  ROLL CALL – All present

 

            Mayor Jack Brady

            Vice Mayor John R. Cangemi

            Commissioner Gary Frankel

            Commissioner Rich Moyle

            Commissioner David Hilton

            City Manager Richard Sala

            City Attorney Samuel Goren

            Interim City Clerk Patricia Vancheri

 

3.                  MINUTES –  January 8, 2008

 

Commissioner Frankel made a motion to approve the minutes of the Commission meeting of January 8, 2008 as submitted.  All in favor

 

4.                  PROCLAMATIONS –  

 

a.      Congenital Heart Defect Awareness Week – Proclamation was read by Clerk on behalf of Sonia Perez the founder of Angel’s Pediatric Heart House.

 

b.      Black History Month – Proclamation was read by Clerk and Mayor Brady presented the Proclamation to Ernest King in the City’s Human Resources Department.

 

5.                  PRESENTATIONS

 

a.      Lower East Coast Water Supply – (Elbert L. Waters, Broward Service Center Director)

 

Carol Morris, of the South Florida Water Management District, addressed the Commission to offer a brief power-point presentation regarding some of the comprehensive planning deadlines the City will face during the next year as they relate to water supply.  She said presently in the State of Florida we use approximately 6 billion gallons of water, and they anticipate that by 2025 it will increase to 8 billion gallons per day.  Ms. Morris said that about half of the increase of that water use will be within the confines of the South Florida Water Management District, which is roughly from Orlando to the Florida Keys, and they are one of five water management districts in the State.  She outlined the categories of water usage and said it is anticipated that by 2025 public water supply will overtake agriculture as the number one use.  She also mentioned that Senate Bills 360 and 444 that were passed in 2005 which set into motion a series of actions that culminate with deadlines in 2008.  Ms. Morris said these laws were to insure concurrency with respect to water, so that as development and re-development occur, the water supply is there to meet the needs of growing communities.  She indicated that these new laws increase focus on alternative water supplies, improve communication between utilities and planning departments and even cities that purchase their water from other agencies.  Ms. Morris said they want to take a proactive approach to meet future water needs, reduce the impact on the natural water system and prepare a 10 year water supply work plan.  This plan will need to address financial planning, facilities master planning, permitting and any activities involving working with other agencies or jurisdictions. Ms. Morris said in June of 2008, the local governments must come back to the SFWMD and tell them how they plan to meet the needs; in August of 2008 the local governments must have their water supply facilities work plan and comprehensive plan amendments adopted.  She also said beginning this year in November and every year thereafter, local governments will need to report to the District on the status of their projects.  Ms. Morris said the District has a role in reviewing and commenting on local government plans with regard to water resource issues.  She said they provide technical assistance and have some funding assistance available through the alternative water supply grant program.  Commissioner Moyle asked if it was true that the District drained four feet of Lake Okeechobee.  Ms. Morris replied that the Lake is operated by the Army Corps of Engineers on a regulation schedule and following Hurricane Wilma there was a decision made to lower Lake Okeechobee out of concerns for the levee.  She said they are putting in plans to repair Lake Okeechobee’s dyke and are presently seeking funding to do so and that it is estimated to take about 15 years to make the repairs.  Mr. Moyle wanted to know if the District drains the C-14 canal and Ms. Morris said it is used to relieve flooding. Vice-Mayor Cangemi asked about alternative water sources and Ms. Morris said that the most frequently talked about project is the Florida Aquifer projects which require a minimal amount of treatment and she explained the ways they treat the water for re-usage. She said there are a number of options out there, but they take a great deal of time to permit, are expensive to construct and the greater emphasis is on conservation.  She said there is even plumbing replacement projects and the grant cycle for those projects will be opening up in a couple of months.   Mayor Brady asked her to supply more information on that. Commission Moyle spoke of new construction reusing water to irrigate landscaping and asked if that is still permitted.  She said some areas do reuse the water.  She also answered question about grants.

 

6.                  PUBLIC DISCUSSION – No one signed up to speak.

 

 

7.                  QUASI-JUDICIAL ITEMS – None

8.                  ORDINANCES SECOND READING – None

 

9.                  CONSENT AGENDA

 

Mayor Brady asked if anyone wished to remove any item from the consent agenda and City Manager Sala said they may want to revisit item (b) if it was not titled to the proper agency.  City Attorney Goren said if he reads the item he will insert the appropriate correction from South Florida Water Management District to the Army Corps of Engineers and submit the document as corrected.  Commissioner Frankel moved to read the consent agenda; seconded by Commissioner Hilton.  All in favor.

Attorney read titles:

 

a.      RESOLUTION - Agreement with Rides, Slides and Games, Inc. to provide and operate rides/games at the 2008 North Lauderdale Days

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH RIDES, SLIDES AND GAMES, INC. TO PROVIDE AND OPERATE RIDES/GAMES AT THE 2008 NORTH LAUDERDALE DAYS, ANDPROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-01-5296

 

b.      RESOLUTION – SFWMD – City of North Lauderdale (“City”) / Lake Okeechobee Water Level Reduction Resolution

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, OPPOSING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT’S  ARMY CORPS OF ENGINEER’ FUTURE DEPLETION OR REDUCTION OF THE LEVELS OF LAKE OKEECHOBEE BY SENDING WATER INTO THE SOUTHERN BASINS UNLESS A DOCUMENTED, PROFESSIONAL BASIS EXISTS TO DO SO; URGING MUNICIPALITIES IN BROWARD COUNTY AND THROUGHOUT THE STATE OF FLORIDA TO JOIN IN THIS OPPOSITION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT , ARMY CORP OF ENGINEERS, THE GOVERNOR, AND ALL OTHER MUNICIPALITIES LOCATED IN BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

RESOLUTION NO.  08-01-5297

 

c.       RESOLUTION – Urging Members of the Florida Legislature to Support Florida League of Cities’ Priority Issues for 2008

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION, PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO.  08-01-5298

 

d.      SUBJECT:           Miss Broward Tri-City Beauty Pageant

 

MOTION: Authorizing and directing the City Administration to coordinate with South Florida Talent Search Inc., to hold a Miss Broward Tri-City Beauty Pageant on Friday and Saturday, March 29th and 30th, 2008.

 

Commissioner Frankel moved to approve the consent agenda as read.  Commissioner Hilton seconded.  All in favor.

 

CONSENT AGENDA APPROVED UNANIMOUSLY

 

 

10.              OTHER BUSINESS

 

Attorney read title.

 

a.      RESOLUTION - Creating Partial Non-Profit Status for Parks and Recreation Department

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY’S OFFICE TO TAKE THE NECESSARY STEPS TO SUBMIT A NON-PROFIT APPLICATION TO  APPROPRIATE STATE AND FEDERAL AGENCIES ON BEHALF OF THE PARKS AND RECREATION DEPARTMENT AND PROVIDING AN EFFECTIVE DATE.

 

Michael Sargis presented the item.  Mr. Sargis said they would like to submit an application for non-profit status.  He said there is very few State or Federal Grants that are available for parks improvement or recreation, but there are a great deal of private non-profit grants that are available, with the first requirement being a non-profit organization.  Mr. Sargis indicated that with a non-profit status he could apply for grant dollars that would help the City to keep programs going in the future.  Attorney Goren said he and Mike Sargis had conferred during the budget process this past year about the fiscal year 07/08 budget and potential lack of funds.  He said something local governments have attempted to do is to transit some of the operations of local government and convert them into a non-profit corporate status.  Mr. Goren gave some examples of entities that had applied for the non-profit status, such as the Regional Planning Council and the City of Coral Springs.   Mr. Goren further said that with the city administration, he could potentially prepare articles of incorporation to incorporate an entity that would be able do this for the recreation department.  He said board of directors would be the same members that sit on the current city commission, and would allow the city to apply through the City’s finance department or outside CPA to obtain 501(c-3) status as required, which would then enable the entity to apply for and get federal grant funds which cannot be obtained as a City.  Mr. Goren said it is a viable option and he would work with staff to explore its viability and report back.

 

Commissioner Frankel moved to adopt the Resolution; seconded by Commissioner Hilton.  All yes.

 

RESOLUTION NO. 08-01-5299 PASSED AND ADOPTED UNANIMOUSLY

 

11.              REPORTS

 

a.      Update on Garbage/Solid Waste Collection Contracts and direction to proceed

 

City Manager Sala gave the update on the issue and passed out a handout to follow along with his presentation.  He reminded the Commission that in November, their direction was for City Attorney, City Manager and Public Works Director to look at the current contracts and possibly extend them for three to five years; look at new rates in those extensions and review any inequities or inconsistencies between the two service areas.   Mr. Sala said meetings with each vendor took place in December and January, and several scenarios were looked at.

He presented five options for review by the Commission for further direction.  Mr. Sala said option “A” was a basic approach of extending both vendor’s contracts, “as is”, with minimal changes except equalizing the pricing.  He said All Service had a fifty cent increase in the first year of the contract which would start in October of 2008.  He said Waste Management was able to propose an extension at fifty cent reduction for the price in year one of the new contract.  Mr. Sala felt that the increase to the primary part of the city was not warranted at this time.  Mr. Sala said option “B” is a proposal for a modified service area which would increase All Service by $1.00, and decrease Waste Management by $1.50.  He said the downside of this proposal is raising the primary part of the city $1.00 per household which is unwarranted.  The next option “C” has two components and this was Staff’s recommendation.  Mr. Sala said in working with the City Attorney’s office they were able to come up with a scenario which would allow the Commission to entertain an extension of the primary vendor, which is All Service into the unincorporated areas.  Mr. Sala said he feels confident under this recommendation that they can preserve a citywide price of $26.50 for 21 months.

He said this decreases the unincorporated area and freezes the rate for a benefit to the whole city.  Mr. Sala said the second component of option “C” would be if staff is unable to come to an agreement that has been proposed, that they opt to bid out the unincorporated section of the city only.  Mr. Sala presented the last option, “D”, which would be to bid out the entire city and award it to one vendor. He said after checking out this option he feels that the rates across the board would be much higher.  Finally, Mr. Sala reiterated that his recommendation would be the first component of option “C” and if that can’t be accomplished in a month or month and a half, then he would like to be directed to go out for a full bid for the unincorporated area.  City Attorney Goren gave an analysis of the options outlined and said they are all viable options.  He indicated that the Commission had requested staff to find some parity between both contracts.  Mr. Goren said his comfort level with option “C” as recommended was that it could be done if the Commission so desires, but it would still require some additional negotiation.  Mr. Sala said the option would be a combination of the first component of option “C”; a fall back to the second component of option “C” or to look into a special assessment for the garbage which they already took action on.

Vice-Mayor Cangemi made a motion to accept the analysis and recommendation of the City Manager and Staff of Option “C” one; with a fall back of Option “C” two; and leaving open the option of doing a special assessment for waste collection.  Commissioner Frankel seconded the motion.  All in favor.

 

b.      Anti Littering Initiatives – (Jesus Valdes)

 

Jesus Valdes addressed the Commission and said he had been asked to address littering issues with regard to the City’s swales.  He outlined three causes contributing to the widespread litter.  Number one, he said, was litter being concentrated on streets leading directly to and from local schools from kids dropping litter on the ground.  He said it could be greatly reduced by initiating a trash disposal stations along these routes.  Secondly, he said litter is due to household trash in the residential areas by being set out early and in bags that sometimes rip and that the trash hauler drops some litter and just moves on.  Mr. Valdes said the third cause relates directly to bulk trash that is set out early and sits for long periods of time.  Mr. Valdes said they are recommending an anti-littering initiative which closely resembles one which was in place previously, which included a three step program.  Step one being an Anti-Littering Education program which targets the local schools and children.  Step two would be exercising and installing “No Littering” signs throughout the city.  And the third step would be to amend the Ordinance in requiring that trash be contained to containers. Mr. Valdes said right now residents have a choice of containers and/or bags and the bags are becoming a problem.  Mr. Valdes said he is seeking direction from the Commission on how to tackle the problem.  Mayor Brady asked if there was any grant money for signs.  Mr. Valdes said he would have to find out that information and also whether or not they can install signs on the right of way or if it had to be done by the County.  Mayor Brady suggested Mr. Valdes get the information and come back to the Commission in about a month and a half.  Commissioner Moyle said also to look into the schools and see about doing a presentation for the kids.  Mr. Valdes said it would have to be a coordinated effort with the Principals and would approach them and see how they feel about such a program and how they can help to initiate such a program.  He said then it could be created and implemented.  Mayor Brady said he thinks they would be receptive and it would be a good learning experience for the kids.  Commissioner Moyle said he once was responsible for initiating an Ordinance against throwing trash in the canals, which is another main concern.  He also said that the problem with waste containers is that they could be dragged down the street which is what happened when he experimented with a receptacle being placed on his street.  Commissioner Moyle said trash receptacles would have to be small enough so nothing big could be put in and that they would have to be immoveable.  Mr. Valdes said there are options on that type of trash station.  Commissioner Moyle also said maybe some type of award system would be beneficial to commend some civic minded people in the neighborhoods who do go around picking up trash, such as one of his neighbors.  Commissioner Hilton said 81st avenue is bad even though there are receptacles there.  He also wanted to know if people were being cited for putting out trash too early.  Mr. Valdes said yes, but it is a recurring event and is usually complied within a reasonable time. 

 

c.       Update on Hampton Pines Crossing Wal-Mart/Town Center – (Ambreen Bhatty)

 

Assistant City Manager gave the Commission a brief update and referenced a letter from Susan Motley which states that they are still reviewing changes to the plan and the Real Estate Committee will be making a decision on February 11, 2008.  She also stated that the site plan is due to expire on February 28, 2008.  City Manager Sala pointed out that the Commission has already extended that to the point of the deadline.

 

12.              COMMISSION COMMENTS

 

a.      Motion to approve attendance at Broward Days in Tallahassee on Tuesday, April 22 and Wednesday, April 23, 2008

 

A motion was made by Commissioner Frankel to approve attendance at Broward Days. Vice Mayor Cangemi seconded.  All yes.

 

b.      Motion to approve attendance at the Florida League of Cities Legislative Action Day in Tallahassee on Tuesday, March 25 and Wednesday, March 26, 2008

 

A motion was made by Commissioner Frankel to approve.  Motion died for lack of second.  There was no action on this item.

 

Commissioner Moyle said there was a mistake in a quote in his column, in the most current newsletter, by the omission of a very important word.  A discussion ensued on how to correct his column.  Mayor Brady suggested sending the correction to the residents along with the utility notices.

 

13.              CITY MANAGER COMMENTS

 

City Manager Sala passed out an administrative order declaring a zoning in progress which he worked on with the City Attorney for the ability to give a designation of zoning uses for community facilities.   He said he would like to postpone acceptance of any applications at this time while they are researching the uses and report back on special exception uses and zoning in progress. City Attorney advised the Commission on the laws applying to this order.

Commissioner Frankel made a motion to approve the City Manager’s request. Seconded by Vice Mayor Cangemi.  No Commission discussion.  All yes.

 

Mr. Sala further reminded the Commission that the Finance Department would be implementing the changes to the Utility Ordinance very soon and passed out the flyer which would be sent to the residents.

 

14.              CITY ATTORNEY COMMENTS

 

a.      Request for Qualifications for Emergency Push and Storm Debris Collection and Disposal From City Right-Of-Way (“RFQ”)

 

City Attorney Goren said under the direction of the Commission the previous proposers and vendors which were reviewed several months ago were rejected and a request was made to reinstitute the process to have a vendor on board by June 1, 2008.  Mr. Goren said all information for FEMA requirements was placed in the bid packet and he outlined the publication requirements for advertising the bid.  He said on approval of the RFQ documents, the Commission will retain the right to interview and short list the proposers, and the City Attorney’s office and the Clerk’s office will work together through the process... After Commission comments and discussion, a motion was made by Commissioner Frankel to authorize the RFQ documents and process.  Seconded by Vice Mayor Cangemi.  All yes.

 

15.              ADJOURNMENT – There being no further discussion, the meeting adjourned at 8:30 p.m.

 

Respectfully submitted,

 

Patricia Vancheri

Interim City Clerk