CITY OF NORTH LAUDERDALE

COMMISSION MEETING

 

TUESDAY, JUNE 10, 2008

 

REGULAR MEETING – 5:30 PM

 

 

MINUTES

 

The North Lauderdale City Commission met on Tuesday, June 10, 2008 at the Municipal Complex.

The meeting convened at 5:35 p.m.

 

 

1.                  INVOCATION AND PLEDGE OF ALLEGIANCE –Vice Mayor Cangemi gave the invocation.

 

2.                  ROLL CALL – Clerk called roll.  All present, with the exception that Commissioner Gary Frankel was conferenced in by telephone from England.

 

            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.                  MINUTES

 

a.      May 29, 2008 – A motion to approve the minutes as submitted was made by Commissioner Moyle.  Seconded by Vice-Mayor Cangemi.  All yes.

 

4.                  PRESENTATIONS - None

 

5.                  PROCLAMATIONS - None

 

6.                  PUBLIC DISCUSSION

 

            Sheriff Al Lamberti:  Sheriff Lamberti addressed the Commission to speak about the transition of a transfer of former North Lauderdale Police Officers’ City of North Lauderdale’s 40l Plan to the Florida Retirement System.  He said the City of Coconut Creek’s Police Department did a similar thing and it was successful and had no impact to the City.  Sheriff Lamberti said he supports this and offered the Broward Sheriff’s Office to be the conduit in transferring the funds, so that the City wouldn’t have to get involved with the transfer and that it would go from the City through the sheriff’s office and then to FRS.  He said, however, FRS said it has to come from the City of North Lauderdale directly to FRS.  Sheriff Lamberti said it makes common sense to allow the officers to merge their 401 Plan with FRS for their future financial security and asked for the consideration to make the transfer.  He then introduced Richard Brickman, President of the PBA.

 

            Richard Brickman, President – Broward County PBA:   Mr. Brickman said the PBA was totally involved in the Coconut Creek transfer and he sent a letter to Coconut Creek saying that they would hold them harmless as far as any liability, and that the members themselves would put up the money to buy their time, if there was not enough money in the 401 to pay for their time. Then the members would get the money to the PBA, the PBA would get the check to the City and the City would send the check to the FRS.  He said he would be happy to give the City of North Lauderdale a letter saying it would not cost anything to do this.  He said the individual members would pay out of their 401 account.  He said what they are asking the City to do is send a letter to FRS with the intent to change their plan, in order to buy the FRS time.  He said it is not a deep issue and there are about 43 officers it would involve.

 

Vice Mayor Cangemi said there are no out of pocket expenses to the City?  Mr. Brickman responded, no, that the money comes from the 401 Plan or the individual officers themselves.  He said the City would only be the conduit to write the check, and FRS only needs one check from the City.  Commissioner Moyle asked,  can we do this” and Mr. Sala said they have been working on this for the past several months and it is his understanding that the City can not do this.  Mr. Sala said he will send a formal letter to them, rejecting the request.  Mayor Brady said, if Coconut Creek did this, why can’t we if it is just a transfer of funds.  Commissioner Hilton said he is curious as to why it can’t be done.  Mr. Sala said he has a letter from Ronald Clare in Sheriff Lamberti’s office saying that the employee needs to go directly to FRS, and not through the City.  Further, Mr. Sala said he has had numerous conversations with Joyce Morgan in Tallahassee at the FRS, and that he is being told that administratively it can’t be done this way.  Mr. Sala suggested that BSO create a 401 Plan and then the City can transfer the funds there.  Vice Mayor Cangemi asked City Attorney Goren to interject and Mr. Goren said several months ago he drafted a letter to FRS specifically to ask them to consider a transition. He said these are separate pension plans and separate conditions which are controlled by the State of Florida or by the private pension fund, which is also governed under certain tax laws with regard to opening and closing plans.  Mr. Goren said under the Charter the City Manager has the authority administratively to look further into the issue. 

 

Vice Mayor Cangemi made a motion to direct the City Manager to arrange to meet with FRS to get the matter resolved as soon as possible.  Commissioner Hilton seconded the motion.  All in favor.

 

            Paula Hocenic:  Ms. Hocenic addressed the Commission regarding the Highland Court issue as to who has the rights to the water; proof of ownership; building plans and dedication of the easements to the City.  She also spoke of grants to get repairs done.  She said they have inherited the problem along with the City and wants the City to help resolve the issue regarding the burden of proof of ownership of private property. 

 

            Andrea Kennedy:  Ms. Kennedy addressed the Commission regarding Highland Court and said that they have provided the proof to the City that they believe they are not responsible for the pipes.  She indicated she would like proof as to how they are responsible.  She said she spoke with Mike Shields who confirmed that the easements were dedicated to the City, but not the pipes underneath.

 

            Marguerita Flajole:  Ms. Flajole said she has lived in her townhouse on Highland Court for thirty years and has addressed the problems many times about a foundation problem she has and feels that the pipes are leaking on her property as well and would like to have the City come check out the problem.

 

City Attorney Sam Goren said since the last Commission meeting he met with Public Works Director Mike Shields and looked at public record data.  He said it is an issue that Commissioner Frankel, City Commission and City Administration have been concerned about for a number of years.  Further he said the plat goes back to 1972 and said it is a unique piece of property.  Mr. Goren explained that there are no public streets in this development and although the easements were dedicated, there are no other publicly dedicated streets or roads, and the developer never conveyed the water and sewer lines or the laterals to the City.  Mr. Goren gave examples of other developments that did convey those items to the City.  Mr. Goren further said that the City, because of a health and safety issue, is making an exception and going ahead and repairing a leak and assessing the cost which is under a thousand dollars.  But, he said the bigger fix is to have the community form a homeowners association to have a unified voice and Mr. Goren offered his pro bono services to assist in doing that.  Further he said that you cannot fix water and sewer lines on a per property basis, because they are all connected.  Mr. Goren also explained that they could individually offer the city a conveyance to the property, if the City wished to accept it.  Mr. Goren further stated that the Commission, Administration and Staff are not taking the issue lightly and want to work to resolve the issue.  Mr. Goren said a first step is that all the owners must be identified.  Andrea Kennedy spoke again and said she will try to contact the owners to urge them to convey their property but is concerned about future financial responsibilities.  Mr. Goren said that the conundrum here is that they do not know what the costs will be, until the problem is defined.  City Manager Sala said that the City needs a release from the homeowners before the City can go on the private property to do repairs.

 

            Ronald Johnson:  Mr. Johnson questioned what the conveyance of the property means and why they have to do that.  Attorney Goren and City Manager Sala explained that the City has only permission to walk on the easements, but doesn’t have permission to touch the pipes.  Mr. Johnson spoke of the problems with the water leaks as well as the problems in the roads.

 

 

            Bruce Tumin, 1225 Hampton Blvd.:  Mr. Tumin addressed the Commission referencing the letter received from the City Attorney regarding the shirt issue and freedom of speech.  Mr. Tumin asked the Commission to vote to allow him to wear the shirt with the modified seal.  Mr. Tumin voiced his opinion regarding his right to free speech and made comments regarding City projects and the City budget. 

 

            Luis Carrillo, 6268 Blvd. of Champions:  (Signed up, but did not address the Commission)

 

 

7.                  OTHER BUSINESS

 

a.      ORDINANCE – First Reading:  Mid-Year (3/31/08) Review and Budget Amendment

 

Commissioner Moyle made a motion to read.  Seconded by Commissioner Hilton.

Attorney read title:

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING ORDINANCE NO. 07-09-1193 BY WHICH THE CITY COMMISSION DID ADOPT THE BUDGET OF THE CITY OF NORTH LAUDERDALE FOR THE 2007/2008 FISCAL YEAR, PROVIDING FOR THE APPROPRIATION AND AUTHORIZATION OF ADDITIONAL EXPENDITURES IN THE TOTAL AMOUNT OF $280,000; PROVIDING FOR THE FUNDING OF CERTAIN CAPITAL ASSETS; PROVIDING FOR THE TRANSFER OF CERTAIN EXPENDITURES BETWEEN DEPARTMENTS AS PROVIDED HEREIN; PROVIDING FOR CONFLICTS, SEVERABILITY, AND, PROVIDING FOR AN EFFECTIVE DATE.

 

Mr. Sala asked the Finance Director, Debbie Sears, to give an overview of the mid-year budget. Ms. Sears gave a power-point presentation.  She highlighted some of the items that were a part of the agenda backup which was a detailed explanation of the four different operating funds which are General Fund; Fire/Rescue Special Revenue Fund; Utilities Enterprise Fund and the Information Technology Internal Services Fund.  Ms. Sears showed the mid-year review and went over some year-end projections and asked for some amendments for the 2008 year.  She said over all the budget is being achieved, but there are a couple of “housekeeping” items which require Commission approval to move funds within two departments.  Ms. Sears showed some of the favorable and unfavorable variances.  She said clearly a lot of the reason for the favorable variances is the pro-active approach that the City Administration has provided to get the costs down in various departments.  She said also, in the revenue section, some of the reasons for the decrease in revenue from what was expected are due to the economy.  But she said the costs coming down in some departments are offsetting the loss of revenue in other departments. 

 

Commissioner Moyle made a motion to approve the mid year budget amendment on first reading.  Seconded by Commissioner Hilton.  No discussion.  Clerk polled Commission.  All yes.

 

 

b.      RESOLUTION - Preliminary Fire/Rescue Special Assessment Program

 

Commissioner Moyle made a motion to read.  Seconded by Commissioner Hilton.

Attorney read title:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF NORTH LAUDERDALE, FLORIDA; ESTABLISHING THE ESTIMATED RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE.

 

Debbie Sears gave a power-point presentation overview of the Fire Department highlights and said the main difference from last year is the opening of the Public Safety Complex.  She outlined some of the Fire Rescue statistics and reminded the Commission about the assessment itself and said there was a 3 year rate study done last year.  She said this is the second year of the three year rate study.  She said basically you recognize that your need a rate increase in the first year, and then smooth it over in the next two years.  She said the small increase from last year is $6.00 per year for single family and $10.00 per year for multi-family and also small increases in the Commercial, Industrial-Warehouse and Institutional Property Use categories.  Mr. Sala said this is the second year, however, the third year, looking ahead, there may be a possibility they will come back to the Commission to allow an adjustment.

 

Commissioner Moyle made a motion to adopt.  Seconded by Commissioner Hilton. No discussion.  Clerk polled Commission.  All yes.

 

RESOLUTION NO. 08-06-5337   PASSED AND ADOPTED UNANIMOUSLY

 

City Attorney Goren said that at the next Commission meeting the North Lauderdale Water Control District will present an assessment to be considered at the September 12th meeting.

 

 

8.                  REPORTS

 

a.      Summer Camp –Mike Sargis gave a verbal report on the start of the Summer Camp program and said they have a little over 500 kids registered for the first session and a little over 550 for the second session.  He said they are using the second floor of the high school building, and invited the Commission to visit any time, as the kids enjoy when the Commissioners come by.  Mr. Sargis said they will have some activities in the evenings and he will put in on the Commissioners’ calendar so they can participate.  Mr. Sargis also said that as part of the budget process last year they did raise the fees for the program which is $450.00 for eight weeks and is still one of the less expensive in the area, which is one reason why it maxed its capacity early on in the registration process.  He said there is a waiting list of just under 100 kids, and that of those registered, 97% are North Lauderdale residents.

 

 

9.                  COMMISSION COMMENTS

 

Vice Mayor Cangemi thanked Mike Shields and Mike Sargis for the help of their crews in working on the wall project.  He said mostly he would like to thank City Manager, Richard Sala.  He said he doesn’t think most people know that this is a wonderful thing and spoke about the accolades he has heard regarding bringing Wyland to our City and getting this done.  He also said there are many things going on which are positive, such as the new Fire House.  Mr. Sala said we have to bolster the investment and protect it and that the wall is a cornerstone of the community and that surrounding cities would have loved to have the opportunity.

 

Mayor Brady also thanked the city manager and said Wyland is a great artist and said most of the services for the project were donated.

 

Commissioner Moyle said that some have said it is a foolish expenditure, but that it is short-sighted to not realize what a historic honor it is to have Wyland in our City.  He said this is something given to our community and for Broward County and beyond and will be enjoyed for years.  Mr. Sala said there were a lot of people who made it happen and he thanked the Commission for their support and he was happy that everything fell into place.  Mr. Sala spoke of the comments he received from some of the residents who were proud that this is in their city.

 

Commissioner Moyle further spoke about a resident’s comment about not going to the voters for specific things such as the wall project and he would like residents to understand that they are a democracy in a republic and that essentially it means the general election for elected officials takes place and that is a democracy.  He said once the officials are elected everything that is allowed by State Law to be done as a project or repair is up to the officials sitting on the dais.  Commissioner Moyle further said that the reason they sit on the dais is to make decisions in a democratic way.


 

10.              CITY MANAGER COMMENTS

 

Mr. Sala reminded the Commission about the events of the week with regard to the Wyland Wall.

 

11.              CITY ATTORNEY COMMENTS

 

Mr. Goren said he will provide a memorandum, in rebuttal to Mr. Tumin’s assail on the Commission, regarding the facts and findings that he addressed with the Finance Director.  Mr. Goren said the City is totally above board, is consistent with the constitution and that there was nothing that required voter approval except the’79 bond issue and the ’04 bond issue for the fire station which were validated by a court proceeding and voted on by the public.

 

 

12.              ADJOURNMENT – There being no further discussion, the meeting adjourned at 7:11 p.m.

 

 

Respectfully submitted,

 

 

 

Patricia Vancheri

Interim City Clerk