CITY OF NORTH LAUDERDALE

COMMISSION MEETING

 

SEPTEMBER 12, 2008

 

REGULAR MEETING – 5:30 P.M.

 

MINUTES

 

The North Lauderdale City Commission met on September 12, 2008 at the Municipal Complex.  The meeting convened at 5:44 p.m.

 

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

 

2.                  ROLL CALL – All present, with the exception that Vice Mayor Cangemi was conferenced in by telephone.

 

            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 – None to be approved at this time.

 

4.                  PRESENTATIONS

a.                  Honoring Jack Naparano as a Public Certified Chief Information Officer- City Manager Sala recognized and congratulated IT Director, Jack Naparano, for his certification achievement received from the Florida Institute of Government as a Chief Information Officer of the State of Florida.  Mr. Sala said this award has gone to only 61 other members across the state.  Mr. Naparano thanked the City Manager and Commission for their recognition.

 

5.                  PROCLAMATIONS

a.      Firefighter Appreciation Month – Clerk read the Proclamation supporting Firefighter Appreciation Month for the Month of August, 2008, and recognizing their “Fill the Boot” campaign to assist the Muscular Dystrophy Association and their daily service to communities.  Mayor Brady presented the Proclamation to Chief Kevin Bowman.

 

6.                  PUBLIC DISCUSSION

 

·        DeeAnn Nevares – 8241 SW 8 Street – Ms. Nevares addressed the Commission to thank them for their past support on behalf of Family Central.  She asked for continued support for Family Central which is the Administrator for the Child Care Subsidy for the working poor families in Broward County.  She said it is mandated by the State and they are contractually obligated to raise local matching dollars to support the subsidized child care program.  Ms. Nevares said every dollar is matched by the State and the Federal Government up to $57.99, and a $1,000.00 contribution can draw down as much as $57,990.00.  She said last year the City’s generous donation allowed Family Central to provide child care subsidies for 163 children in North Lauderdale, which allowed the families to remain employed because a safe place was provided for the children to learn.  Family Central is requesting that the City contribute $7,776.00 which is the amount to insure that 196 children will be served.  Ms. Nevares said that they are proud that less than 1.5% of the dollars are used for administrative expenses.  She said Family Central thanks the City for their continued commitment to the children and families of North Lauderdale.

 

·        Steve Holt – 12060 NW 62 Court – Representative of the Board of Family Central – Mr. Holt also thanked the Commission for their past support and said Family Central does a terrific job providing services to some of the poorest families of the community and they are glad to be a member of North Lauderdale.

 

7.                  BUDGET RELATED MATTERS

 

Commissioner Frankel made a motion to read budget related matters.  Seconded by Commissioner Hilton.

 

Attorney Goren read all three budget items which are all public hearing related items regarding TRIM compliance, Chapter 200, and the Commission would act on each item separately:

 

a.      ORDINANCE - First Reading – Adoption of Millage Rate

 

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF NORTH LAUDERDALE AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 6.1875 MILLS FOR THE 2008 TAX YEAR REPRESENTING AN INCREASE OF 2.00% FROM THE PRIOR YEAR’S ROLLED BACK RATE, AND ESTABLISHING AND ADOPTING THE CITY OF NORTH LAUDERDALE AD VALOREM TAX DEBT SERVICE MILLAGE LEVY RATE AT 0.2448 MILLS FOR THE 2008 TAX YEAR, SPECIFICALLY TO SERVICE, AND ONLY TO SERVICE, THE DEBT INCURRED BY THE NORTH LAUDERDALE 1979 AND THE 2004 GENERAL OBLIGATION BOND ISSUES, FOR A TOTAL CITY OF NORTH LAUDERDALE 2008 TAX YEAR AD VALOREM TAX MILLAGE LEVY RATE OF 6.4323 MILLS FOR ALL PURPOSES OR $6.4323 PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

 

Commissioner Frankel made a motion to approve Millage Rate.  Seconded by Commissioner Hilton.  
 
Attorney Goren said, for the record, that there was a small glitch in the TRIM notification that was published by the Broward Property Appraiser and the Department of Revenue has reviewed that and the City’s notifications were compatible with State Statute.  He said there was a provision that was minimally missed in the TRIM notification, but the Property Appraiser posted in the newspaper and there is no issue with that and the City has complied with Chapter 200 of the Florida Statutes and the DOR and Property Appraiser have found that to be consistent.
 
Public hearing opened.  No one from the public spoke.  Public hearing closed.
Clerk polled the Commission.  All yes.
 
ORDINANCE PASSED AND ADOPTED UNANIMOUSLY ON FIRST READING

 

 

b.      RESOLUTION - Fire Rescue Assessment Annual Rate FY 2008/09

 

 

A RESOLUTION 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; IMPOSING FIRE RESCUE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF NORTH LAUDERDALE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Commissioner Frankel made a motion to approve the Fire Rescue Assessment.  Commissioner Hilton seconded.  Public hearing opened.  No one from the public spoke.  Public hearing closed.

 

Clerk polled Commission.  All yes.

 

RESOLUTION NO. 08-09-5357 PASSED AND ADOPTED UNANIMOUSLY

 

c.       ORDINANCE - First Reading - Adoption of Annual Budget FY 2008/09

      (Please refer to the Proposed Budget FY2009 previously provided to you at the Workshop on July 16th)

 

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ADOPTING THE ATTACHED ANNUAL BUDGET, REVIEWED BY THE CITY COMMISSION AT THE MEETING HELD ON JULY 16, 2008, AND AS REVISED AND APPROVED ON SEPTEMBER 12, 2008 AS THE CITY OF NORTH LAUDERDALE’S FINAL BUDGET FOR THE 2008/09 FISCAL YEAR, ALLOCATING, APPROPRIATING, AND AUTHORIZING EXPENDITURES IN ACCORDANCE WITH AND FOR THE PURPOSES AS STATED IN SAID BUDGET, EXCEPTING CERTAIN APPROPRIATIONS AND EXPENDITURES REQUIRING FURTHER CITY COMMISSION ACTION AND/OR AUTHORIZATION; AUTHORIZING BUDGETARY CONTROL BY DEPARTMENTAL FUND TOTAL FOR ALL APPROPRIATIONS EXCEPT FOR AMOUNTS ALLOCATED FOR CAPITAL OUTLAY ITEMS; PROVIDING FOR THE AUTHORIZATION OF ALL BUDGETED EMPLOYMENT POSITIONS AND THE AUTHORIZATION FOR THE CITY MANAGER TO MAKE TEMPORARY APPOINTMENTS TO BUDGETED POSITIONS; PROVIDING FOR THE CREATION OF TRUST FUND(S) FOR RECEIPT OF MONIES BY GIFT, GRANT, OR OTHERWISE, WHEN THE SAME CONTAINS AS A CONDITION OF ACCEPTANCE, A LIMITATION OR RESTRICTION REGARDING THE USE OR EXPENDITURE OF THE SAME AND THE MANAGEMENT AND DISBURSEMENT THEREOF; PROVIDING FOR A TEMPORARY OR PERMANENT SUSPENSION OF THE OMNIBUS APPROPRIATION AND EXPENDITURE AUTHORIZATION CONTAINED HEREIN BY CITY COMMISSION RESOLUTION; PROVIDING THAT THE BUDGET HEREBY ADOPTED MAY BE ADJUSTED OR MODIFIED BY SUBSEQUENT RESOLUTION OF THIS CITY COMMISSION SO LONG AS SUCH ADJUSTMENT OR MODIFICATION SHALL NOT RESULT IN A VARIATION OF THE TOTAL BUDGET, PROVIDING THAT IN THE EVENT A VARIATION FROM THE TOTAL BUDGET IS OR BECOMES NECESSARY, THIS ORDINANCE SHALL BE AMENDED ONLY BY A SUBSEQUENT ORDINANCE CONSISTENT WITH CHAPTER 166, FLORIDA STATUTES, THE CHARTER AND CODE OF ORDINANCES OF THE CITY OF NORTH LAUDERDALE, FLORIDA; PROVIDING FOR THE AUTHORIZATION TO LAPSE ALL ENCUMBRANCES OUTSTANDING AT SEPTEMBER 30, 2008, AND AUTHORIZATION TO RE-APPROPRIATE ALL UNEXPENDED CAPITAL APPROPRIATIONS, INCLUDING LAPSED CAPITAL OUTLAY ENCUMBRANCES, IN THE 2008/09 BUDGET YEAR PROVIDING FOR SEVERABILITY; AND, PROVIDING AN EFFECTIVE DATE.

 

Commissioner Frankel made a motion to approve the Annual Budget FY 2008/09.  Seconded by Commissioner Hilton.

 

Mr. Sala said he would like the Commission to consider the Mayor’s amendment which would allow the transfer of one line item to another on the City Clerk’s salary budget.

 

Public hearing opened.  No one from the public spoke.  Public hearing closed.  Clerk polled Commission.  All yes.

 

Attorney Goren said, for the record, the budget and millage Ordinance which have been adopted by the Commission by appropriate vote, will be heard on second and final hearing on the 25th day of September, 2008, at 5:30 p.m. and will be so advertised.

 

ORDINANCE PASSED AND ADOPTED UNANIMOUSLY ON FIRST READING

 

 

8.                  CONSENT AGENDA

 

No items were removed from Consent Agenda.  Commissioner Moyle made a motion to read.  Seconded by Commissioner Frankel.

 

Attorney read:

 

a.      RESOLUTION – Bill Daly’s Insurance Agency Contract Renewal 2008/09

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO RENEW THE CONTRACT BETWEEN THE CITY AND BILL DALY’S INSURANCE AGENCY TO ASSIGN BILL DALY’S INSURANCE AGENCY AS THE AGENT OF RECORD FOR GROUP HEALTH AND DENTAL INSURANCE FOR THE CITY OF NORTH LAUDERDALE FOR FISCAL YEAR 2008/2009; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-09-5358

 

 

b.      RESOLUTION - Flexible Spending Account Plan

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BY AND BETWEEN THE CITY AND AMERIFLEX AS AN ADJUNCT TO THE AGREEMENT PREVIOUSLY APPROVED BY RESOLUTION 06-09-5044 WITH COLONIAL INSURANCE TO ADMINISTER A FLEXIBLE SPENDING ACCOUNT PROGRAM FOR THE EMPLOYEES OF NORTH LAUDERDALE; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-09-5359

 

c.       RESOLUTION – Renewal of Lift Stations Maintenance Contract

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER TO AMEND THE CURRENT AGREEMENT WITH BUTLER NATIONAL SERVICES AND RENEWING THE CONTRACT FOR A PERIOD OF ONE YEAR STARTING FROM OCTOBER 1, 2008 TO SEPTEMBER 30, 2009; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-09-5360

 

 

d.      RESOLUTION – Tyler Technology Annual Maintenance / License Payment

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING payment of the “MUNIS” maintenance fee in the amount of $58,000 for the period STARTING MARCH 08, 2008 - MARCH 07, 2009 AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-09-5361

 

 

e.      RESOLUTION - Approval to Update Access List to the Information Technology Safe Deposit Box

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL SUNTRUST SAFE DEPOSIT ACCOUNTS AND THE SAFE DEPOSIT ACCOUNT SIGNATURE CARD, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-09-5362

 

f.        RESOLUTION –  Vendor Change for Purchase of Virtual Network System

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA AUTHORIZING THE VENDOR CHANGE (APPROVED PER RESOLUTION 08-07-5343) FROM IDT- IBM TO CHAMPION SOLUTIONS GROUP FOR THE PURCHASE OF VIRTUAL NETWORK SYSTEM INFRASTRUCTURE AT A COST NOT TO EXCEED $63,990; PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-09-5363

 

g.      RESOLUTION - Repealing Code Enforcement Board Appointment

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA REPEALING RESOLUTION NO. 06-04-4998, WHICH APPOINTED CARLTON JACKSON AS A REGULAR MEMBER OF THE NORTH LAUDERDALE CODE ENFORCEMENT BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-09-5364

 

 

h.      RESOLUTION -  Reappointing Lorenzo Wood to Code Enforcement Board

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA REAPPOINTING LORENZO WOOD, WHO RESIDES AT 730 HOLLY STREET, TO SERVE AS A REGULAR MEMBER OF THE CITY OF NORTH LAUDERDALE CODE ENFORCEMENT BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-09-5365

 

 

i.        RESOLUTION - Appointing Paul W. Ames to Code Enforcement Board

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPOINTING PAUL W. AMES AS AN ALTERNATE MEMBER OF THE NORTH LAUDERDALE CODE ENFORCEMENT BOARD (SPONSORED BY MAYOR BRADY); PROVIDING FOR TERM OF OFFICE; AND, PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-09-5366

 

 

j.         SUBJECT -  Pollo Tropical Special Event

8096 W McNab Rd (Shoppes of McNab)

 

MOTION: To approve “Pollo Operations, Inc. Special Event” to be held on Saturday, September 20, 2008 from 11:00 AM to 5:00 PM subject to the requirements outlined in the staff memorandum.

 

MOTION APPROVED

 

k.      SUBJECT – Changing Braeburn Park Operating Hours

 

MOTION – To authorize the City Manager to change hours of Braeburn Park from 7:00 AM to 9:00 PM to Dawn to Dusk.

 

MOTION APPROVED

 

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

 

Mayor Brady introduced Daniel Lessem from Pollo Tropical and thanked him for coming into the community and said he toured it and it was a fantastic building.  Mr. Sala also said it was nice and he appreciated the great working relationship they had with Mr. Bill Laystrom during construction.

 

CONSENT AGENDA PASSED AND APPROVED UNANIMOUSLY

 

 

9.                  OTHER BUSINESS

 

a.      RESOLUTION - Employee Group Insurance Renewal - Fiscal Year 2008/09

 

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

Attorney read title:

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO RENEWAL CONTRACTS BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND THE FLORIDA LEAGUE OF CITIES, COMP BENEFITS, RELIANCE STANDARD AND LINCOLN FINANCIAL GROUP FOR EMPLOYEE GROUP INSURANCE AS OUTLINED IN SECTION 1 OF THIS RESOLUTION FOR FISCAL YEAR 2008/2009; AND PROVIDING AN EFFECTIVE DATE.

 

 

Commissioner Moyle made a motion to approve as presented in the workshop.  Seconded by Commissioner Frankel.  No Commission discussion.  No public discussion.  Clerk polled Commission.  All yes.

 

RESOLUTION NO. 08-09-5367   PASSED AND APPROVED UNANIMOUSLY

 

 

b.      RESOLUTION - Florida League of Cities Insurance Contract Renewal – FY 08/09 General/Professional Liability, Automobile Liability/Physical

Damage, Property and Workers’ Compensation

 

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

Attorney read title:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN ACCEPTABLE AGREEMENT BY AND BETWEEN THE CITY AND THE FLORIDA LEAGUES OF CITIES FOR THE CITY’S GENERAL LIABILITY, AUTOMOBILE, PROPERTY AND WORKERS’ COMPENSATION INSURANCE COVERAGE FOR FISCAL YEAR 2008/2009, PROVIDING FOR A PREMIUM OF NOT MORE THAN $715,200 AND PROVIDING AN EFFECTIVE DATE.

 

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

 

RESOLUTION NO. 08-09-5368   PASSED AND APPROVED UNANIMOUSLY

 

 

10.              REPORTS

 

a.      SUBJECT: Community Shuttle Program Update - (Mike Sargis) –Discussion and possible motion for further direction

 

Mike Sargis, Parks and Recreation Director, addressed Commission.  He said back in October of 2001 they started the service of the Community Shuttle with one bus which travelled the entire City, running 9 hours a day Tuesday through Saturday.  Mr. Sargis said the initial route was about 60 minutes, with 59 stops.  Further, he said in 2003, with the annexation of Broadview/Pompano Park area, a second route was added, and the City was divided in half with an East and West route with Rock Island Road as the dividing point.  Mr. Sargis said as part of an agreement, the County provides $20.00 per operating hour, and with the contract the City has with the vendor, Limousines of South Florida, the total operating cost per bus, per hour, is $32.00, so the City contributes $12.00 per hour.  Another part of the agreement is the shuttle bus is required to maintain a minimum number of riders and right now the number of riders are 5 riders per hour for the East bus and the West bus falls well below the rider requirement.  Mr. Sargis said the County has notified him that as of October 1st they are no longer going to be funding the West route.  Mr. Sargis offered some options to the Commission.  He said the total contribution for the City to run the two busses was $53,000.00, not counting the County money, and by eliminating one bus, there would be a savings to the City of $26,000.00.  Further, he said the County will be increasing the rider requirement to 7.1 riders per hour, and the City may no longer meet the requirement, and the County may raise it to a double-digit requirement.  Another option Mr. Sargis offered was to develop a one route system to cover the entire City.  He said they met with the County on that and the County will not allow you to run a route longer than 60 minutes, and the estimate right now would be about an hour and a half.  Mr. Sargis said the third option would be to allow the County to continue to fund the East route and the City fund the West route completely, which would require a contribution by the Commission of about $100,000.00.  Mr. Sargis said the last option, as the County eliminates the West route, would be for the City to eliminate the East route, because we wouldn’t be able to service the entire City, and the savings would be $53,000.00 by eliminating the Community Shuttle service.  He said if that happens, they would want to step up the Senior Shopping Program, which was started in 1992, which stops at all the condominiums twice a week and goes to Publix and Wal-Mart.  Mr. Sargis said that with these four options, all require a reduction in service.  He said other cities are also losing busses as the County gets stricter for the rider requirements.

 

Mr. Sargis said he is looking for direction from the Commission as to how they would like to proceed before October 1st.  Also, Mr. Sargis said the total dollar amount of $53,000.00 is available in the budget. 

 

Mayor Brady said he would still like to have the East route since it has the riders and can service at least that part of the City.  Mr. Sala said, that is option one.  Commissioner Hilton said he would be in agreement with that.  Mr. Sargis said the County will be sending over an agreement which will carry over for the next three months and that it will be an evolving thing, and in January they will send an agreement which will be a lot tighter.

 

The consensus of the Commission was to keep the East Route for the next three months and review the County’s proposed agreement in January.

 

11.              COMMISSION COMMENTS

 

Commissioner Moyle asked the Commission for permission to attend the National League of Cities Convention in November in Orlando.  Mayor Brady suggested allowing any member of the Commission who wished to attend to do so.

 

MOTION:  Commissioner Moyle made a motion to approve attendance by anyone interested in attending the National League of Cities Conference in Orlando in November.

Seconded by Commissioner Frankel.  Clerk polled Commission.  All yes.

 

MOTION APPROVED BY UNANIMOUS VOTE

 

Commissioner Moyle gave a report on the Florida League of Cities, also attended by Mayor Brady.  He said they presented the Police/Fire Assessment Resolution to the Financial Committee of the FLC and to the membership and there were many questions which they answered, but no action was taken.  He said there were many members who were interested and would possibly be contacting our City Attorney’s office for additional information.  City Manager Sala gave an update that Pam Donovan was currently representing the City in Tallahassee and they took up the item and the Executive Committee passed it very strongly to move it forward, so the league support is there and it becomes one of their main agenda items.  Commissioner Moyle further said that he and Commissioner Mallozzi of Cooper City spoke at length to Senator Ted Deutch and he was very interested in the issue and may offer support of it.  Further, Commissioner Moyle said the convention as a whole was successful and he attended a workshop which involved the aspects of changing assessment rates and lack of revenue for cities and it was an excellent presentation of those issues.  He said he represented the City as a voting delegate at the meetings and opposed one thing on the agenda relating to a school for civic service, because the funding was going to come from the Federal Government, and he felt the funding should come from local government, but it passed. 

 

Mayor Brady said he spoke at the Gold Coast League and the topic was dividing the State of Florida and he said many were interested.  He said he doesn’t believe we get our fair share of funding and will see which cities agree with the Resolution and which do not.

 

Commissioner Hilton said he got a complaint from a resident by Jaycee Park, west of 81st Avenue, complaining about people in the park at night and he wants to look at securing the park at night after hours, by putting gates on or raising the fence heights.  City Manager said Parks and Recreation Dept. will take a look at that and report back and put it on an agenda in the future.

 

12.              CITY MANAGER COMMENTS

 

Mr. Sala thanked the Mayor and Commission for standing up in front of their peers by suggesting the splitting of the State and adding additional fees to cover the cost of police and said it is a bold move, but commended them for trying to save the fiscal health of the City.

 

Mr. Sala said after reviewing the calendar with the City Clerk, the following motion is in order and requested Commission’s support:

 

a.      MOTION - To approve scheduling of future Commission Meetings as follows:

                                            i.       Combine two November Commission meetings to one meeting scheduled for Tuesday, November 18th at 5:30 p.m., due to the holidays

 

                                          ii.       Combine two December Commission meetings to one meeting scheduled for Tuesday, December  9th at 5:30 p.m., due to the holidays

 

Commissioner Hilton moved to approve the dates for the meetings in November and December as suggested.  Seconded by Commissioner Frankel. 

 

MOTION APPROVED BY UNANIMOUS VOTE

 

Mr. Sala thanked the Finance and Human Resource Staff for putting together the workshop and items on the agenda.  He said it was very difficult and time consuming and congratulated them on putting it together.

 

13.              CITY ATTORNEY COMMENTS

 

a.      Report – Trim Notice Issue

Attorney Goren updated on the issue of error of the Property Appraiser regarding the missing notification on the ad valorem assessments for Fire Rescue and Water Control District Assessment and said the error had been corrected by publication in the newspaper today.

 

b.      Update –Registration of City Trademark

Attorney Goren updated on the deferral of the trademark registration situation brought up at the last meeting regarding the issue of the City Seal v. the “Building a Future” trademark.  The item was pulled because there was confusion.   Mr. Goren said on September 4th they filed with the State of Florida to preserve the City’s logo, which includes the City Seal which has not changed and reference to the “Building a Future” trademark, to protect the City’s rights to those words in the future.

 

c.       Update – Florida Supreme Court decision on Amendment 5

Mr. Goren said Amendment 5 is a serious issue which could have affected City, County and School Boards.  He said the tax swap amendment was taken off the ballot by the Florida Supreme Court on September 3rd.  Mr. Goren said that the potential for having property taxes deducted from property tax billing will not occur unless otherwise changed by the Constitution at some future time.  He said the consequence is that the legislature will not be required this coming session to create a sales tax or find other taxes to supplant the vacancy of dollars that would otherwise have occurred, had the item gone to the ballot.  He said the Supreme Court actually found that the items were unclear, misinformed the voter and create voter confusion.

 

d.      Traffic Magistrate Update

 

Mr. Goren said on September 23, the Broward County Commissioners will be considering in their budget preparation whether or not to fund Traffic Magistrates on an interim basis through the end of fiscal year 2009, or the end of legislative session.  Mr. Goren said he appeared before the County Commission on behalf of the Broward League of Cities, along with Colonel Warder, Second in Command at BSO; Judge Tobin, Clerk of the Court Howard Forman.  Further, he said the cases are being heard in the County Courthouses, not the satellites.  He said because the cases are being heard this way, most of the money from costs goes to Tallahassee, and no dollars for fines are being kept locally.  He said this is money issue as well as a traffic and safety issue.  He said Chief Cavallo will concur that they are concerned as it has an impact on the City, the County and public safety as a whole.

 

 

14.              ADJOURNMENT – There being no further discussion, the meeting adjourned at 6:42 p.m.

 

 

Respectfully submitted,

 

 

 

Patricia Vancheri

Interim City Clerk