CITY OF NORTH LAUDERDALE

COMMISSION MEETING

 

TUESDAY, JUNE 24, 2008

REGULAR MEETING – 7:00 PM

NORTH LAUDERDALE WATER CONTROL DISTRICT

(Immediately following Regular Meeting)

 

MINUTES

 

The North Lauderdale City Commission met on Tuesday, June 24, 2008 at the Municipal Complex. The meeting convened at 7:00 p.m.

 

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

 

2.                  ROLL CALL – Clerk called roll.  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.                  MINUTES

 

a.      June 10, 2008 – Commissioner Frankel moved to approve the minutes as submitted. Seconded by Vice Mayor Cangemi.  All yes.

 

 

4.                  PROCLAMATIONS

 

a.      Florida Water Professionals Week –Clerk read the Proclamation proclaiming August 4th through August 8th as Florida Water Professionals Week and Mayor Brady presented it to Gene Riley of the North Lauderdale Water Plant.

 

5.                  PUBLIC DISCUSSION

 

            Keith Yacano – 8160 SW 7 Ct. – Keith spoke about a gator sighting in North Lauderdale.  Mayor Brady advised that a gator had been trapped.

            Milli Dyer – Retired City Clerk Emeritus – Addressed the Commission and said that the current Interim Clerk is doing a very good job and she is proud of her.  She said the job is a difficult one and that the Interim Clerk is handling it very well with two people in the department.

 

            Paula Hocenic – 6268 Highland Court – Ms. Hocenic addressed the Commission regarding the issue of her neighborhood being private property and the problem with the drainage issues.  Ms. Hocenic presented a letter to the Clerk requesting records and listing questions she would like answered in reference to the issue.  Mr. Goren accepted the letter into the record and said staff will respond in accordance with Chapter 119 as a records request.

 

 

6.                  ORDINANCES: SECOND READING

 

a.      Subject: Mid-Year Budget Review (3/31/08) and Year-End Financial Forecast

 

Commissioner Frankel made a motion to read.  Seconded by Vice Mayor Cangemi. 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 $280,000.00; PROVIDING FOR THE TRANSFER OF CERTAIN EXPENDITURES BETWEEN DEPARTMENTS AS PROVIDED HEREIN; PROVIDING FOR CONFLICTS, SEVERABILITY, AND, PROVIDING FOR AN EFFECTIVE DATE.

 

Finance Director, Debbie Sears, stated that the transfer is between two departments; the General Fund Non-departmental to the City Attorney’s Dept. for $80,000.00 and the Information Technology Internal Services Fund, $280,000.00 that was originally going to be capitalized, needs to be expensed with authorization and an additional $63,000.00 for the purchase of a fixed asset.  Public hearing opened.  No discussion.  Public hearing closed.

 

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

 

ORDINANCE NO. 08-06-1209  PASSED AND ADOPTED UNANIMOUSLY

 

b.      Subject: Granting Florida Power and Light (FPL) a Non-exclusive Franchise Agreement

 

Commissioner Hilton made a motion to read.  Seconded by Vice Mayor Cangemi.

Attorney read title.

 

AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR QUALIFIED SEVERABILITY, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF NORTH LAUDERDALE, AND PROVIDING FOR AN EFFECTIVE DATE.

 

Mike Shields, Public Works Director, said this is the second reading of the Ordinance to grant another franchise to FPL as the current franchise is due to expire in May of next year.  He said FPL wanted to renew a little earlier and the basic highlights are the fact that the percentage is a bit lower than what the City gets right now.  He said the percentage right now is a 6% franchise fee and the new franchise is 5.9% and the way it is calculated brings in a greater amount of revenue to the City.  Mr. Shields said there is a “me too” or “most favorite nations” clause in the contract, which is any other city in Broward County receives a greater percent, then we would be entitled to that also. Mr. Shields said the franchise is for thirty years.  Public hearing opened.  No discussion.  Public hearing closed. 

 

Motion to adopt was made by Commissioner Frankel.  Seconded by Vice Mayor Cangemi.  No Commission discussion.  Clerk polled Commission.  All yes.

 

ORDINANCE NO. 08-06-1210  PASSED AND ADOPTED UNANIMOUSLY

 

 

c.       Subject:  Change in Emergency Patient Transport Fee Structure

 

Commissioner Frankel moved to read.  Seconded by Vice-Mayor Cangemi.

Attorney read title:

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, PROVIDING FOR AMENDED SERVICE CHARGES AND ANNUAL ADJUSTMENT (TIED TO THE INCREASE IN THE CONSUMER PRICING INDEX) FOR EMERGENCY PATIENT TRANSPORTATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.

 

Fire Chief, Kevin Bowman, addressed the Commission and said that it has been a few years since the fees were changed for rescue transport.  He said North Lauderdale is charging less than two-thirds of the other cities in Broward County while providing the exact same services.  He said they are looking to increase the fees as are other cities in Broward County.  Chief Bowman said they are trying to keep up with the rising costs of fuel, personnel, insurance, medications carried on the vehicles, and vehicle maintenance.  He said if the fees aren’t changed they will be tapping into the general fund to pay for transports and that would not be appropriate.  He said he is seeking consideration to approve the increase of fees.  Public hearing opened.  Sherrie Strong of 7662 Kimberly Boulevard questioned if there was a specific amount of the increase.  Chief Bowman answered that the amount varied depending on the amount of care given and the location of the hospital they transport to.  Ms. Strong said “So if it’s approved, it’s like a blank check”.  Chief Bowman said, no, it depends of the amount of treatment provided to the patient.  Ms. Strong asked is that per person?  Chief Bowman replied yes.  For clarification, Attorney Goren said the way the Ordinance is drafted, it provides a sliding scale, and does not give a set amount for each item, but is an increase.  He also said the Governor just signed a bill regarding transportation charges which allows the cities to charge the insurance company for direct pay, which will increase the ability to collect on the people that are insured for a better recovery for the city.  Further, Mr. Goren said this does not preclude Medicare reimbursement or Medicaid reimbursement for those who qualify and otherwise have no insurance.  Chief Bowman said there are ceilings for that and they cannot charge more than what the government is willing to pay.

 

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

 

ORDINANCE NO. 08-06-1211  PASSED AND ADOPTED UNANIMOUSLY

 

 

7.                  CONSENT AGENDA

 

Commissioner Moyle made a motion to read Consent Agenda.  Seconded by Commissioner Frankel. 

Attorney Goren read consent agenda:

 

a.      Motion to direct the City Attorney to amend the Interim City Clerk’s contract to provide for salary adjustment compensation to $45,000.00 per year, effective June 1, 2008, for work performed effectively.

 

No Commission discussion.  Clerk polled Commission for approval of the motion.  All yes.

 

Attorney Goren said he will bring back an amendment to the contract of the Interim Clerk at the next Commission meeting for approval of the adjustment at the requested value.

 

 

8.                  REPORTS

 

a.      2008 Legislative Session Update – David Sigerson

 

Ambreen Bhatty, Assistant City Manager, addressed the Commission and said that the lobbyist, David Sigerson, and she, will be giving a brief overview of the 2008 legislative session which ended on May 2, 2008.  Ms. Bhatty said through the workshop held prior to the trip to Tallahassee for Broward Days, the agenda package prepared for that trip, and what the Commission actually witnessed in Tallahassee, they should have gotten a pretty good idea of the wide range of the legislative bills that were filed this session.  She said the Commission got a crash course on some of the bills and all together there were about 2,156 bills that were filed.  Ms. Bhatty said that of those bills, only 313 got approved in the House and the Senate.  She said they did not have time in the session to review some of the more significant bills which may have helped us.  Further, she said those bills may come back next year, so it is very critical that we continue to share our concerns with the local delegation and our State Representatives.  She said Mr. Sigerson will discuss some of the bills that did not get passed but may come back next year.  Ms. Bhatty said some of the bills were overlooked that may have helped our residents, for example, about 10 affordable housing bills which were filed this year, and not one was passed.  Ms. Bhatty said a last minute “property tax glitch bill” was introduced and approved just before the session ended.  She said one of the provisions of that bill will alter or change some of the Commissioners voting requirements for local tax base, and that will be discussed during budget workshops.  Further, she said they are watching for some of the 313 bills, once they are signed into law, and will prepare a package for the Commission that will include a listing of all those bills.

 

Mr. Sala thanked Ambreen for her work behind the scenes in working with the lobbyist, and said it is an important role. David Sigerson said Ms. Bhatty transmitted to him a list of the bills which would be affecting our City and said it is extraordinarily thorough. 

 

Mr. Sigerson said the legislation session was dominated by budget cuts that had to be made.  He said six billion dollars had to be cut from last year’s budget, before they even started cutting this year’s budget.  Mr. Sigerson said just to understand where cities and counties and school boards find themselves in the legislative cross-hairs.  He said the leadership is continuing to press for property tax reform/reductions.  Mr. Sigerson gave an overview of some of the bills and the impacts.  He said a complete report will be done showing the disposition of all of the bills and a recap of all that affect local governments.

 

9.                  COMMISSION COMMENTS

 

a.      Discussion/ Consensus - Florida League of Cities Conference – Tampa - August 14-16, 2008

 

City Attorney Goren said during the discussion about going to the conference a motion should be made to appoint a voting delegate and an alternate delegate.  Commissioner Moyle said he would like to attend.  Commissioner Frankel said this is a good conference to go to for the networking with other people regarding the State’s problems with the legislature and allow for those who wish to go. 

 

Commissioner Frankel made a motion to authorize the Commissioners who wish to attend the Tampa Conference be allowed to do so.  Vice Mayor Cangemi seconded. All yes. 

Commissioner Frankel made a motion to appoint Commissioner Moyle as the voting delegate.  Seconded by Vice Mayor Cangemi.  All in favor.

 

 

b.      RESOLUTION -  Vice Mayor Pat Larkins – Pompano Beach

 

Attorney read title:

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE, BROWARD COUNTY, RECOGNIZING AND EXPRESSING ITS CONGRATULATIONS TO COMMISSIONER PAT LARKINS OF THE CITY OF POMPANO BEACH FOR HIS 25 YEARS OF SERVICE TO THE PEOPLE OF POMPANO BEACH AND BROWARD COUNTY; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.

 

Commissioner Frankel made a motion to approve.  Seconded by Vice Mayor Cangemi.  All yes.

 

 

c.       Walk-on Item – Block Party Request

 

Mayor Brady received a request from the Da Costa family to hold a block party because they won an “Edy’s Slow Churned Neighborhood Salute Ice Cream Summer Block Party” for submitting a winning essay they submitted telling why their neighborhood deserved a party.  Mayor Brady said this family also raises money for Juvenile Diabetes Research Foundation.  Mayor Brady said it would be better to have it at Hampton Pines Park rather than on the Boulevard of Champions and asked the Commission to waive the fee for the pavilion.  Mayor Brady extended invitations to the event the weekend of July 13th.

 

Motion to approve was made by Commissioner Frankel.  Commissioner Hilton seconded.  All in favor.

 

 

10.              CITY MANAGER COMMENTS

 

 

a.      Re-scheduling of Commission Meeting – Tuesday, July 8, 2008 to Wednesday, July 16, 2008 at 5:30 p.m.

 

City Manager Sala requested the rescheduling to correspond with numbers coming from the County to incorporate with a budget workshop at 4:30 p.m. prior to the regular Commission meeting at 5:30 p.m.

 

Commissioner Moyle moved to approve the rescheduling.  Seconded by Commissioner Frankel.  All yes.

 

 

b.      Grant from County

 

City Manager Sala asked Tammy Reed Holguin, Community Development Director, to explain a grant received from the County.  Ms. Holguin said they received a letter informing that the supplemental disaster funds that they have been working with the County on had been approved.  She said this will provide for another 1.2 million dollars in disaster relief funding and that 5 projects have been slated to be undertaken with the money.  Ms. Holguin said they include impact resistant windows and shutters for Hampton Pines and Pompano Park; the scrolling marquee to be replaced along Rock Island Road; a generator for the Teen Center; portable traffic lights and rehabilitation assistance for residents homes to be protected from future storms.  Commissioner Moyle asked what the criteria were for the homeowners to use this for their homes.  Ms. Holguin replied that she would have to check on the income guidelines.

 

 

c.       Wyland Wall and Wyland Walk Project

 

City Manager Sala advised that the second phase of the Wyland Wall and Walk project will be brought to the Commission in July as they are currently looking at costs involved and the capital project funding, and he would like to go over the item with each Commissioner prior to the next commission meeting.

 

11.              CITY ATTORNEY COMMENTS

 

a.      Status Report:  Police Assessment Fee

 

City Attorney Goren gave an update regarding legislative budget reviews and other workshops and public commentary, among other solutions and recommendations to Tallahassee, which was to begin to consider having legislation adopted which would create a police assessment fee.  He said under current law there is no provision authorizing local government to do that, but the objective of the Commission was to adopt a resolution to do that, because of the expense of police protection.  Mr. Goren said the commission adopted the resolution which was sent to Tallahassee, but the legislation failed to listen.  Further he said there were other options to gain support for this such as the Florida League of Cities, Broward League of Cities and the BCCMA and consulting with lobbyist, David Sigerson..  Further Mr. Goren said this would have to be a statewide bill to provide a mechanism for local government to find a method and manner for assessing for police services which is currently part of the general fund budget.

 

A motion was made by Vice Mayor Cangemi to direct the City Attorney and City Manager to collaborate to implement and proceed further with the options.  Seconded by Commissioner Hilton.  Clerk polled Commission.  All yes.

 

 

b.      Walk-on Item:  ORDINANCE – First Reading – Changing City Logo

 

Attorney read title:

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 2, “ADMINISTRATION”, ARTICLE 1, SECTION 2-1, ENTITLED “CORPORATE SEAL” TO PROVIDE FOR A CHANGE TO THE CITY’S LOGO FROM “CITY OF TOMORROW” TO “BUILDING A FUTURE”; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Commissioner Frankel made a motion to approve.  Seconded by Vice Mayor Cangemi.  All in favor.

 

 

c.       Update on Traffic Magistrate Program

 

Attorney Goren stated that the legislature did fund the Traffic Magistrate Program statewide for those counties that had magistrates, with some minimal diminution in dollars.  Further, he stated that some administration took the allocated funds and put them into a reserve account, which collapsed the program effective July 1st.  Mr. Goren said Judge Tobin was going before the Board of County Commissioners to ask permission to fund the program through October 1st.  Mr. Goren said absent the funding, the gap between July 1st and October 1st will become a hiatus this summer, or a ticket freeze, and they will be heard in September or October in the central courthouse.

 

 

12.              ADJOURNMENT – There being no further matters to discuss, the meeting adjourned at 8:20 p.m. and convened to Water Control District meeting.

 

Respectfully submitted,

 

 

 

Patricia Vancheri

Interim City Clerk

NORTH LAUDERDALE WATER CONTROL DISTRICT

BOARD OF SUPERVISORS MEETING

ANNUAL MEETING

JUNE 24, 2008

(Immediately following Commission Meeting)

 

1.         CALL TO ORDER – Chairman Moyle called the meeting to order at 8:20 p.m.

 

2.         ROLL CALL – All Present

            Chairman Moyle

            Secretary Brady

            Supervisor Frankel

            Supervisor Cangemi

            Supervisor Hilton

            Administrator Shields

            City Manager Sala

            City Attorney Goren

            Interim City Clerk Vancheri

 

3.         MINUTES – Special Meeting Minutes-April 8, 2008

 

Secretary Brady made a motion to approve the minutes of the Special Meeting of April 8, 2008 as submitted.  Seconded by Supervisor Frankel.  All in favor.

 

4.         ELECTION OF CHAIRMAN & SECRETARY

·           Call from Chair for Board Member nominations

·           Close of nominations

·           Board discussions and vote:

·        Board Secretary

·        Board Chairman

 

Supervisor Frankel made a motion to keep Jack Brady as Board Secretary.  Seconded by Supervisor Cangemi.  All in favor.

Secretary Brady made a motion to keep Rich Moyle as Chairman.  Seconded by Supervisor Frankel.  All in favor.

 

5.         RESOLUTION -Preliminary Water Control District Assessment Rate FY 2008/09

 

Supervisor Frankel made a motion to read.  Seconded by Secretary Brady.

Attorney read title:

 

A RESOLUTION OF THE NORTH LAUDERDALE WATER CONTROL DISTRICT, RELATING TO THE PROVISION OF WATER CONTROL AND DRAINAGE SERVICES, FACILITIES AND PROGRAMS (THE “WATER MANAGEMENT SYSTEM”) WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE DISTRICT; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR WATER MANAGEMENT SYSTEM 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; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Debbie Sears, Finance Director, gave a power point presentation to go over the background and highlight the rate proposed for this year.  She said the Water Control District is the same area as the City boundaries and the purpose is to maintain the canal systems.  Ms. Sears said some of the highlights from the past were very large effects from Hurricane Wilma and there was an inter-fund loan between the general fund to the District that is being paid over a five year period.  Further, she said the District has about 5 canal maintenance workers.  They are proposing this year to have the rates be consistent with last year, so that would be a no rate increase at $55.15 per unit.  She also said there is a slight increase in the revenues due to the numbers received from the County as far as applying the rate and the amount of assessment we would be receiving; and there is a slight increase in the expenditures primarily due to increase in the cost of living items such as salaries, contracts and things of that nature. 

 

Supervisor Frankel made a motion to adopt.  Seconded by Supervisor Cangemi.  All in favor.

 

 

6.         ADJOURNMENT – There being no other business, the meeting adjourned at 8:35 p.m.

 

Respectfully submitted,

 

 

 

Patricia Vancheri

Interim City Clerk