CITY OF NORTH LAUDERDALE

COMMISSION MEETING

JULY 16, 2008

REGULAR MEETING

MINUTES

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

2. ROLL CALL – 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. PUBLIC DISCUSSION

Paula Hocenic – 6268 Highland Court, North Lauderdale

Ms. Hocenic addressed the Commission to respond to a letter she received from City Attorney, Sam Goren. She requested the building plans and documents and requested no fees be charged to them until they receive documents referred to in her previous letter. Ms. Hocenic also referred to repairs done 1998 and said it was one of three repairs done in Highland Court, but only one was documented. She said a repair was done in 2004 in front of Marguerite Fijoles at 6200 Highland Court, also not documented, but repaired at no cost to residents. She said they are not ignoring the offer of help with an association, but it is not an option at this time.

Ian Sargent – 3430 SW 19 Street, Fort Lauderdale

Mr. Sargent said he is employed by the City of North Lauderdale, Fire Rescue/Firefighter Paramedic and is the District Vice President of Local 3080 District 7. Mr. Sargent said he met with almost everyone individually, but wanted to come before the whole council. He thanked the Commission for ratifying their contract and said the morale at the fire department is much better and they are re-building. Mr. Sargent said City Manager Sala has been great about his open door policy and said he and some of the NLFD employees were here to support the proposed Comprehensive Pay Plan which they had agreed to become a part of. He said the 5% is important to them and asked the Commission to consider it.

Bianca Chang-Gentile – 7111 Tam O’Shanter Blvd., North Lauderdale

Ms. Chang-Gentile said the reason she was here to ask the city to place a barricade on the corner of Tam O’Shanter Blvd. and Rock Island Road. She said there are many car accidents there, 5 of which she documented and witnessed herself, and the last one she brought pictures of. Ms. Chang-Gentile said a woman drove over the sidewalk and through the shrubs and into the parking lot driveway. She said it is very dangerous and children cannot play in front of their homes there because of this. She said there were prior accidents where one man hit a cement pole right there and another car drove through the shrubs and did not stop. She said they are seeking the city’s help. Mayor Brady referred her to Lt. Ed Sileo of the Broward Sheriff’s Office, who was present, to discuss the matter further.

4. BUDGET RELATED ITEMS

a. RESOLUTION - Comprehensive Pay and Classification Plan - Fiscal Year 2009

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

Attorney read title:

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, REPEALING RESOLUTION 07-07-5243 WHICH RESOLUTION DID ADOPT THE CITY OF NORTH LAUDERDALE COMPREHENSIVE PAY AND CLASSIFICATION PLAN FOR FISCAL YEAR 2008, AND AS AMENDED FROM TIME TO TIME, AND HEREBY ESTABLISHING A REVISED PAY AND CLASSIFICATION PLAN FOR FISCAL YEAR 2009 COMMENCING ON OCTOBER 1, 2008; PROVIDING FOR THE ESTABLISHMENT OF A NEW CLASSIFICATION; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

Ernest King, Human Resources Director, gave a power point presentation highlighting the employee groups covered by the Comprehensive Pay Plan, which includes General and Management Employees, Federation of Public Employees and the MetroBroward Professional Fire Fighters. Mr. King also listed the benefits provided by the City and said there will be no changes to the benefits. However, he said there are two requests for changes. One request is to discontinue the health insurance retirement program which was offered for the past two years, due to lack of participation. Mr. King recommends replacing that program with a Roth IRA, at no cost to the City, because it is a voluntary program. He said this program could be utilized for health insurance or loans as another option so that employees can allow their 401 and 457 plans to grow for retirement. Mr. King also spoke about payroll changes. He said the changes resulted in a reduction of two million dollars. Mr. Sala said this is a milestone for North Lauderdale for all the bargaining groups to be on one page looking at the budget and it puts all the longevity, merits, cola increases, under the Commission control for a once a year review and increase. Mr. King also said that 44 positions out of 170 have been outsourced from 2006 to 2008. He said going forward to the 2009 pay plan, they are requesting permission to eliminate 5 additional positions, which would be two full time positions; one vacant Division Chief position in the Fire Department, and the vacant Assistant to the Director of Finance position. Further, Mr. King said the three part-time positions would be eliminated; two bus drivers and one code officer. He said this would result in 49 positions eliminated, over a three year period, leaving a staff of approximately 130 people. Mr. King said although no new positions are proposed, they are freezing 7 positions; four full time positions which are grant coordinator, two fire-fighter paramedics and one community service worker; and three contractual deputy positions from the Broward Sheriff’s Office. Mr. King said reclassification of two positions in the fire department will result in no financial impact, but they will assume the load of the eliminated division chief position. A reclassification of one position in Public Works will result in a savings. In this regard, Mr. King said they are recommending a 5% salary adjustment, across the board for all employee groups. Mr. King said the inflation rate is at 5.03% in South Florida, and they conducted a survey of neighboring cities in the tri-county area, and the average increase was 6.78%. Mr. King said they are proposing to pay for the increase based on rebates received from ICMA Forfeiture Fund and the insurance fund. Mr. Sala reiterated that these rebates are generated by dollars that the employees put into these funds. Mr. King said they are seeking approval of the comprehensive pay plan as a whole.

There were no questions and no public discussion.

Commissioner Moyle made a motion to approve. Seconded by Vice Mayor Cangemi.

City Attorney Goren reiterated for the record, that as in the title, this is the amended Comprehensive Pay and Classification Plan and there were minor changes and deletions, but the substance is compatible with the motion and second made.

Commissioner Moyle said it is a great accomplishment that all the employee groups and City administration have agreed to this pay plan and since the money has been found to do this, it is a good idea to give this across the board as promised, since no one knows what will happen next year. Further he applauded the employees and administration for working together on this. Vice Mayor Cangemi said he agrees 150% and has no problem making this decision.

Clerk polled Commission. All yes.

RESOLUTION NO. 08-07-5339 PASSED AND APPROVED UNANIMOUSLY

b. RESOLUTION - Adoption of a Tentative Millage Rate for the General Operating Budget and Debt Service for Fiscal Year 2008/2009

Attorney Goren said this item was discussed earlier in the workshop.

Commissioner Frankel moved to read. Seconded by Commissioner Hilton.

Attorney read title:

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ADOPTING A TENTATIVE MILLAGE RATE OF 6.1875 MILS FOR GENERAL OPERATING BUDGET PURPOSES AND A TENTATIVE MILLAGE RATE OF .2448 MILS FOR DEBT SERVICE FOR A TOTAL COMBINED MILLAGE RATE OF 6.4323 MILS FOR FISCAL YEAR 2008/2009 PROVIDING FOR THE ESTABLISHMENT OF AND SETTING FORTH THE DATE, TIME AND PLACE OF THE FIRST PUBLIC HEARING TO FORMALLY ADOPT THE FISCAL YEAR 2008/2009 MILLAGE RATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

No public discussion. No Commission discussion.

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

RESOLUTION NO. 08-07-5340 PASSED AND ADOPTED UNANIMOUSLY

5. QUASI-JUDICIAL ITEMS

a. VARIANCE VAR – 08-01 - Application withdrawn by Applicant Albert Brennan – See attached.

For the record, Attorney Goren said this item was withdrawn by the Applicant and may or may not arise in the future.

b. WALMART SPECIAL EXEPTION USE PERMIT – SEU 08-03 – Applicant requested the item to be tabled – See attached.

Attorney Goren stated there was a letter, a copy of which was provided for the record, from Susan B. Motley, Council for Wal-Mart, requesting the item be tabled. He said in light of the discussion with administration regarding approval of the beer and wine permit for Wal-Mart, their representatives are working to address the City’s concerns and it may come back in the near future.

Vice Mayor Cangemi made a motion to accept the request of the applicant to table the item for a time uncertain. Commissioner Hilton seconded. All yes.

6. CONSENT AGENDA

No items were removed from consent agenda. Commissioner Frankel moved to read. Seconded by Vice Mayor Cangemi.

Attorney read:

a. SUBJECT – Authorization to Re-Negotiate a Service Contract for the Aquatic Division Operations

MOTION: To authorize the City Manager and/or his designee to start negotiation with Jeff Ellis Management for a new three-year agreement effective October 1, 2009.

b. RESOLUTION – Community Shuttle Operations Contract Extension with Limousines of South Florida

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER, TO ENTER INTO A 1-YEAR CONTRACT EXTENSION FOR THE OPERATION OF THE NORTH LAUDERDALE COMMUNITY SHUTTLE PROGRAM WITH LIMOUSINES OF SOUTH FLORIDA IN AN AMOUNT NOT TO EXCEED $147,447.00; PROVIDING FOR FUNDING; AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION NO. 08-07-5341

c. RESOLUTION - Law Enforcement Trust Fund Purchases

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 THE AMOUNT NOT TO EXCEED $ 44,300 FROM THE LAW ENFORCEMENT TRUST FUND FOR THE PURCHASE OF TWO (2) SATELLITE TELEPHONES; FIFTY EIGHT (58) AIR CARDS FOR LAPTOP COMPUTERS; TWO HUNDRED FIFTY (250) BICYCLE HELMETS; FUNDING FOR NATIONAL NIGHT OUT; TWO HUNDRED FIFTY (250) VOUCHERS FOR THE BOYS AND GIRLS CLUB MEMBERSHIPS; AND ONE (1) NIGHT VISION BINOCULARS; AND PROVIDING FOR AN EFFECTIVE DATE.

RESOLUTION NO. 08-07-5342

d. SUBJECT – Purchase and Installation of a Virtual Network System

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AN IBM VIRTUAL NETWORK SYSTEM FOR A PURCHASE PRICE NOT TO EXCEED $63,997 FROM IDT – IBM ; PROVIDING FOR THE ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.

RESOLUTION NO. 08-07-5343

e. RESOLUTION- Appointing Diana M. Farrar to the North Lauderdale Housing Authority

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA APPOINTING DIANA M. FARRAR (SPONSORED BY VICE MAYOR CANGEMI) AS A REGULAR MEMBER OF THE NORTH LAUDERDALE HOUSING AUTHORITY; AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION NO. 08-07-5344

f. RESOLUTION – Re-appointing Nivia Roldan to the North Lauderdale Housing Authority

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA RE-APPOINTING NIVIA ROLDAN (SPONSORED BY COMMISSIONER GARY FRANKEL) AS A REGULAR MEMBER OF THE NORTH LAUDERDALE HOUSING AUTHORITY; AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION NO. 08-07-5345

g. RESOLUTION – Re-appointing Ram Maharaj to the North Lauderdale Housing Authority

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA RE-APPOINTING RAM MAHARAJ (SPONSORED BY COMMISSIONER DAVID HILTON) AS A REGULAR MEMBER OF THE NORTH LAUDERDALE HOUSING AUTHORITY; AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION NO. 08-07-5346

h. RESOLUTION – Re-appointing Joyce Clyde to the North Lauderdale Code Enforcement Board

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, RE-APPOINTING JOYCE CLYDE WHO RESIDES AT 6201 SW 18 COURT, AS A REGULAR MEMBER OF THE NORTH LAUDERDALE CODE ENFORCEMENT BOARD (SPONSORED BY VICE MAYOR CANGEMI); PROVIDING FOR TERM OF OFFICE; AND, PROVIDING AN EFFECTIVE DATE.

RESOLUTION NO. 08-07-5347

i. RESOLUTION – Re-appointing Stan Kinsley to the North Lauderdale Code Enforcement Board

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, RE-APPOINTING STAN KINSLEY WHO RESIDES AT 8004 SW 4 PLACE, AS A REGULAR MEMBER OF THE NORTH LAUDERDALE CODE ENFORCEMENT BOARD (SPONSORED BY COMMISSIONER MOYLE); PROVIDING FOR TERM OF OFFICE; AND, PROVIDING AN EFFECTIVE DATE.

RESOLUTION NO. 08-07-5348

j. RESOLUTION – Re-appointing Aletrice Mann to the North Lauderdale Planning and Zoning Board

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, RE-APPOINTING ALETRICE DARCEL MANN WHO RESIDES AT 812 E. PALM RUN DRIVE (SPONSORED BY COMMISSIONER FRANKEL) AS A MEMBER OF THE NORTH LAUDERDALE PLANNING AND ZONING BOARD; PROVIDING FOR TERM OF OFFICE AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION NO. 08-07-5349

k. RESOLUTION.-.Re-appointing Barbara Thomas to the North Lauderdale Planning and Zoning Board

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, RE-APPOINTING BARBARA THOMAS WHO RESIDES AT 7921 SOUTHGATE BOULEVARD, NORTH LAUDERDALE, FLORIDA, (SPONSORED BY COMMISSIONER MOYLE) AS A MEMBER OF THE NORTH LAUDERDALE PLANNING AND ZONING BOARD; PROVIDING FOR TERM OF OFFICE AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION NO. 08-07-5350

l. RESOLUTION.-.Re-appointing Carlton Jackson to the North Lauderdale Planning and Zoning Board

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, RE-APPOINTING CARLTON JACKSON, (SPONSORED BY MAYOR BRADY) AS A MEMBER OF THE NORTH LAUDERDALE PLANNING AND ZONING BOARD; PROVIDING FOR TERM OF OFFICE AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION NO. 08-07-5351

m. RESOLUTION.-. Re-appointing Alex Ortiz to the North Lauderdale Planning and Zoning Board

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, RE-APPOINTING ALEX ORTIZ, (SPONSORED BY COMMISSIONER HILTON) AS A MEMBER OF THE NORTH LAUDERDALE PLANNING AND ZONING BOARD; PROVIDING FOR TERM OF OFFICE AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION NO. 08-07-5352

n. RESOLUTION - Re-appointing Joe Janosik to the North Lauderdale Planning and Zoning Board

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, RE-APPOINTING JOE JANOSIK, (SPONSORED BY VICE MAYOR CANGEMI) AS A MEMBER OF THE NORTH LAUDERDALE PLANNING AND ZONING BOARD; PROVIDING FOR TERM OF OFFICE AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION NO. 08-07-5353

Commissioner Frankel made a motion to approve the consent agenda as read. Vice Mayor Cangemi seconded the motion. Clerk polled Commission. All yes.

CONSENT AGENDA PASSED AND ADOPTED UNANIMOUSLY

7. OTHER BUSINESS

a. RESOLUTION - 2008 Byrne Justice Assistance Grant

Commissioner Frankel moved to read. Seconded by Commissioner Cangemi.

Attorney read title:

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND ACCEPTING THE 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) FUNDS AND AUTHORIZING THE BROWARD SHERIFF’S OFFICE TO UTILIZE THOSE FUNDS TO UNDERWRITE PROJECTS THAT REDUCE CRIME AND IMPROVE SAFETY; AND PROVIDING FOR AN EFFECTIVE DATE.

No staff presentation. Public discussion opened. No one spoke. Public discussion closed.

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

RESOLUTION NO. 08-07-5354 PASSED AND ADOPTED UNANIMOUSLY

b. SUBJECT - Second Amendment to Employment Contract - Patricia Vancheri

Mr. Goren stated that at the last Commission meeting the city attorney’s office was requested to prepare an amendment to the employment contract with Interim City Clerk. He said what is on the dais tonight is the proposed second amendment which reflects the specific dollar value of the requested increase retroactive to June 1, 2008. Further, Mr. Goren said that in the context of the contractual relationship it would be appropriate for the Commission to implement a review of Ms. Vancheri, record comments of that review, and consider the amendment to the contract. Mayor Brady had prepared an employee evaluation which gave Ms. Vancheri five commendable and two satisfactory ratings. He said Ms. Vancheri has good attendance, is helpful with residents, very professional, and does whatever it takes to get a job done. He said she is learning more every day and gives one hundred and ten percent.

MOTION: To approve the Second Amendment to Interim City Clerk Vancheri’s Employment Contract. Commissioner Moyle made the motion to approve. Commissioner Frankel seconded. Clerk polled Commission. Motion approved unanimously.

Ms. Vancheri thanked the Commission and said she and Deputy Clerk Donovan make a good team in the Clerk’s Office.

8. REPORTS- None

9. COMMISSION COMMENTS

Commissioner Moyle: He said the Mayor received a letter from Mayor Wexler, of Broward County Commission, requesting a delegate be designated from the City Commission as a policy maker to sit on the Board that will have four workshops. Mayor Brady passed the gavel and nominated Commissioner Moyle to be the delegate. Commission consensus was all in favor of Commissioner Moyle.

Mayor Brady: He said he would like budget workshops in August to go through the budget items department by department, as well as some other topics. City Manager Sala passed out a calendar which provided workshop dates of July 29, 2008 at 5:30 and August 7, 2008, at 5:30 p.m.

MOTION: To approve the recommended dates for the workshops. Commissioner Frankel moved to approve. Seconded by Commissioner Hilton. All yes.

10. CITY MANAGER COMMENTS

City Manager Sala: Reported that no City funds have been used toward the Wyland Wall Project. He provided a power-point presentation on the second phase of the Wyland Walk project. He said the residents have expressed their pride in having the artist come to the City to do this project. Mr. Sala said the second phase is to take the art and put some type of frame around it, and that the proposal is to create the Wyland Walk which relates to the mural. Mr. Sala said the Wyland staff commented that North Lauderdale was one of the best cities they worked in and even Wyland was impressed that the City was going to take his project to the next level to showcase the gift that they gave us. Mayor Brady said if we had to pay Wyland and Guy Harvey for this project it would have cost approximately 3.5 million for a thousand foot wall. Further, Mr. Sala said there are still outstanding bonds for the citywide wall project but they have been paid down substantially. He said the initial bond for the citywide wall project was 5 million dollars and as of today, they have collected over $400,000.00 in interest. Mr. Sala said the balance is approximately 1.3 million dollars including interest and there are still some projects to be completed. Mr. Sala showed a rendering of the proposed walk and commented on the materials, lighting, security and maintenance which would be required to accomplish the project. He said they are projecting that the improvement will not exceed $300,000.00, and is seeking the Commission’s commitment to help complete this, using the interest accumulated on the bond. Further, Mr. Sala said there is another segment of wall that they would like to complete on McNab Road, approximately 600 feet, and mentioned some other future enhancements with existing walls, such as update and maintenance. Mr. Sala said in a few months when these projects are completed, they may then recommend that the balance remaining be put it in the general fund for other uses or expenses.

City Attorney Goren said that these aspects of capital improvements would require Commission’s approval and further said that they would require certain contractual obligations to third parties which would follow the charter and the city code and would require one motion. Further Mr. Goren advised that completion of the Wyland Walk project as proposed and the expenditure of $300,000.00 would require a second motion, and a third motion for a future transfer to the 2009/2010 budget of $550,000.00 for future improvement projects which would later require Commission review and approval, and that the City Manager is requesting clarification and approval of those three items.

Commissioner Moyle made a motion to approve all three items as outlined:

• Approval of future capital roadway projects
• Authorization of the expenditure of $300,000.00 to complete Wyland Walk
• Authorization of the reallocation of $550,000.00 to the 2009/10 budget for capital improvements yet to be determined

Vice Mayor Cangemi seconded the motion. Motion approved unanimously.

Mayor Brady: Commented that at Braeburn there is a need for speed humps because he witnessed speeding on several nights. He said he talked to the police chief about it. Also, Mayor Brady mentioned closing Braeburn Park at dusk because there are a lot of complaints from residents about undesirable activities. Mayor Brady also suggested that an alleyway there may be able to be closed, and that Code Enforcement is keeping the other alleyway clear. He also said that with regard to Braeburn Park, BSO will enforce a no tolerance policy if the park is closed. Mr. Sala said if the Commission agrees, he can have staff meet with Mayor Brady on some of these issues and follow up and those that can be handled administratively, they will do and others, such as speed bumps, may have to come back to the Commission. Mr. Sala said they can meet with BSO and Parks and Recreation to address Braeburn Park issue. Commission consensus was in favor of City Manager doing that.

City Manager Sala: Mr. Sala gave a follow up on a workshop issue where they discussed a rate study. He said the Finance Director pointed out a loss of revenue under the water and the Public Works Director mentioned, in working with the City Engineer, that a rate study would be needed to present to the Commission, with some possible increases to make up for the shortfall. Mr. Sala said the costs were not to exceed $20,000.00 to Calvin Giordano to do the study. City Attorney Goren said a motion would be in order for the City Commission to accept the recommendation of the City Administration to contract with Calvin Giordano to do a rate study and analysis for water service.

MOTION: To authorize a rate study by Calvin Giordano. Vice Mayor Cangemi moved to approve. Seconded by Commissioner Hilton. All yes.

11. CITY ATTORNEY COMMENTS

Mr. Goren said there was nothing to report at this time, but will work with the City Administration to brief the Commission on some pending issues at the next Commission meeting.

12. ADJOURNMENT: There being no further discussion, the meeting adjourned at approximately 7:05 p.m.

Respectfully submitted,

Patricia Vancheri

Interim City Clerk