CITY OF
COMMISSION
MEETING
TUESDAY, MARCH 17,
2009
REGULAR MEETING –5:30 P.M.
MINUTES
The North Lauderdale City Commission met on Tuesday, March 17, 2009 at the Municipal Complex. The meeting convened at 5:35 p.m.
1. INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Moyle gave the invocation.
2.
ROLL CALL
Mayor
Vice Mayor
Commissioner
Commissioner Rich Moyle
Commissioner David G. Hilton
City Manager
City Attorney
3.
APPROVAL OF MINUTES – None submitted
4.
PROCLAMATIONS
a.
Water Conservation Month – Clerk read Proclamation into the record.
Mayor Brady presented the Proclamation to Carole Morris, from the South
Florida Water Management District. Ms. Morris thanked the Commission on behalf
of the District and reminded everyone that we are coming out of a very dry
season, which is the 3rd driest on record and that it is very
important to keep water conservation in the
forefront.
b.
14th Annual Children’s Week –
Clerk read Proclamation into the
record.
c.
National Crime Victim’s Rights Week – Clerk read Proclamation into the
record.
5.
PUBLIC DISCUSSION
Mayor Brady – thanked Mr. Eric Battjer, International MMA
Boxing, for the event which was held in the gym on Saturday, March 14th. Mayor Brady said that the event ran
orderly and smoothly and that $2,000.00 was donated to the Parks and Recreation
Department. He suggested doing this
regularly to raise funds for the kids.
Luis Davila -
Steve
Hillebrand –
6.
QUASI-JUDICIAL ITEMS
a.
SPECIAL
EXCEPTION USE: SEU
08-06
NAME OF APPLICANT:
Organizacion Cristiana Amor Viviente, Inc.
PROJECT NAME:
Organizacion Cristiana Amor Viviente, Inc.
PROJECT LOCATION:
PROJECT DESCRIPTION: Special Exception
Use request to permit a
church, which is a Community Facility (CF)
use, in a Community Business (B-2) Zoning
District.
Clerk Vancheri swore in all
persons wishing to speak on the item.
Tammy Reed-Holquin, Community Development Director, presented the
item. She reported that the church
already has a couple of bays in Jefferson Square and that in the applicant’s
letter of intent, they indicated that they would add Suite G & H at 6043
Kimberly Blvd to the existing church to be used as a sanctuary and a classroom,
and also add Suite A & B at 6045 Kimberly Blvd to be used as offices. Ms. Reed-Holguin said that one of the
primary requirements for any CF use in a non-CF zoning district is that such
uses may not exceed 20% of the gross square footage of the shopping center or
business property. She said this
request would bring the total for
Commissioner Frankel made a motion to
approve the proposed Special Exception Use permit to operate a church in a
Community Business (B-2) Zoning District.
Vice Mayor Cangemi seconded.
No Commission discussion.
Clerk polled Commission. All
yes.
7.
ORDINANCES SECOND
a.
ORDINANCE – Second
Commissioner Frankel moved to read. Seconded by Vice Mayor Cangemi.
Attorney read:
AN ORDINANCE OF THE CITY OF NORTH
LAUDERDALE, FLORIDA, AMENDING CHAPTER 70 OF THE NORTH LAUDERDALE CODE OF
ORDINANCES, ENTITLED “UTILITIES”, BY SPECIFICALLY AMENDING SECTION 70-6,
ENTITLED “BILLING PROCEDURE, DELINQUENT ACCOUNTS”: PROVIDING FOR AN AMENDMENT TO
THE CITY’S BILLING PROCEDURES FOR DELINQUENT UTILITY ACCOUNT PAYMENTS; PROVIDING
FOR A LATE FEE FOR DELINQUENT UTILITY PAYMENTS; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
Steven Chapman, Finance Director, presented
the item. Mr. Chapman said, as was
discussed at the first reading of this ordinance, this is going to be able to
increase slightly the amount of time people will have to pay their bills and
make it easier to administer the process.
He said it will also help to correct some of the resident complaints on
the situation. Public Hearing opened.
No comments. Public Hearing closed.
Commissioner Moyle made a
motion to approve. Seconded by Vice
Mayor Cangemi. Commissioner Moyle said in light of
complaints such as Mr. Hillebrand’s earlier, he was concerned and wanted to know
why US Water would allow a billing to go past due for nine months. Also, he said since the property owner
is responsible for the water, shouldn’t they receive the bill as well as the
tenant. Commissioner Moyle said he
doesn’t recall these things happening to this degree in the past, and it is a
mistake on our part if property owners who have tenants don’t know what is going
on with billing, but being held responsible for the bill. He said he doesn’t see how the extension
of time is necessarily going to correct the situation, and would like more
understanding of the procedures. City Manager Sala said he needs the
Commissions’ assistance because this has been brought before the Commission many
times and the pendulum swings from being lenient toward collection and being
aggressive with shutting off water, and even suggested having a workshop to get
a directive from the Commission.
Commissioner Moyle commented that water is essential to life, and it is
more important that people pay their water bill before phone or cable, and that
those services would be turned off immediately for non-payment. Commissioner
Moyle said he wants to do the right thing.
Commissioner Hilton commented that he agreed with Commissioner Moyle, but
there have been several problems come up in the past six months and would like
to know how many residents have bills that are old that nothing is being done
about. He said if water is shut
off, the bills will be paid.
Commissioner Frankel agreed with Commissioner Moyle and said there is a
bigger problem with dead-beat accounts and some accounts may have to be flagged
if they have gone too delinquent and should be turned off. City Manager Sala said he will have US
Water at the workshop and will look at several scenarios to get a consensus from
the Commission on procedures or changes.
Vice
Mayor Cangemi made a motion to schedule a workshop on the proposed
ordinance. Seconded by Commissioner
Moyle. All in
favor.
Commissioner Moyle made a
motion to table the item until after the workshop. Commissioner Frankel
seconded. All in favor. Item was tabled to a time
uncertain.
8.
CONSENT AGENDA
Commissioner Moyle removed
item 8(b) from Consent Agenda.
Commissioner Frankel moved to read Item
8(a). Vice Mayor Cangemi
seconded.
Attorney read Item
8(a):
a.
SUBJECT:
Special Event Permit (SPEV
09-01)
Our Lady Queen of
MOTION: To approve Our Lady Queen of
Heaven Church Classic Car Show to be held on Sunday, April 25, 2009 from 9:00
A.M to 3:00 P.M. on the church grounds, subject to conditions listed in staff’s
memorandum.
Commissioner Frankel made a motion to
approve. Seconded by Vice Mayor
Cangemi. All
yes.
b.
ORDINANCE – First Reading:
SUBJECT:
Amendment to Chapter 26 of the City’s Code of Ordinances, entitled
“Health and Sanitation”, by specifically creating Article IV, to be entitled
“Shopping Carts”; requiring retail establishments to develop and implement plan
for containment and retrieval of shopping carts; requiring identification of
shopping carts; requiring posting of signs; providing for penalties; providing
for conflicts; providing for severability; and providing for an effective
date.
APPLICANT: City of
Commissioner Frankel moved to read Item 8(b). Seconded by Commissioner Moyle.
Attorney read title:
AN ORDINANCE OF THE CITY OF NORTH
LAUDERDALE, FLORIDA, AMENDING CHAPTER 26 OF THE CITY’S CODE OF ORDINANCES,
ENTITLED “HEALTH AND SANITATION”, BY SPECIFICALLY CREATING ARTICLE IV, TO BE
ENTITLED “SHOPPING CARTS”; REQUIRING RETAIL ESTABLISHMENTS TO DEVELOP AND
IMPLEMENT PLANS FOR CONTAINMENT AND RETRIEVAL OF SHOPPING CARTS; REQUIRING
IDENTIFICATION ON SHOPPING CARTS; REQUIRING POSTING OF SIGNS; PROVIDING FOR
PENALTIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Commissioner Moyle said he thinks this is a
real good idea because he was having trouble many years ago with individuals
stealing the shopping carts and leaving them on his front lawn or pushing them
into the canal. He said the Public
Works department and City Manager at that time had implemented a plan to pick up
and contain the shopping carts and then have the store owners retrieve them,
until they found that state law precluded them from doing that because the
retail lobbyists made it so that the cities could not have ordinances such as
this, and asked if the law had changed.
City Attorney Horowitz state law had changed with regard to regulating
shopping carts and this ordinance is consistent with state law. Commissioner Moyle stated that this is
stealing, but people cannot be prosecuted for it. Attorney Horowitz commented that this
ordinance puts an affirmative obligation on the retail establishments and that
the establishments may have alternate recourse against persons walking off with
the carts, but this puts owners at obligation to the City to post signs and have
a retrieval plan. Public Hearing
opened. No comments. Public Hearing
closed.
Commissioner Moyle made a
motion to approve. Vice Mayor
Cangemi seconded the motion. Clerk
polled Commission. All in
favor.
ORDINANCE PASSED UNANIMOUSLY
ON FIRST
9.
OTHER BUSINESS
a.
RESOLUTION - Financial Adjustments
Commissioner Hilton moved to read. Seconded by Vice Mayor
Cangemi.
Attorney read title:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF NORTH LAUDERDALE, FLORIDA, PROVIDING FOR THE APPROPRIATION OF
UNENCUMBERED FUNDS FOR THE REPAYMENT OF OUTSTANDING CAPITAL LEASES AND INCURRED
CAPITAL EXPENSES FOR FIREHOUSE STATION 34 UP TO AND INCLUDING THE 2008/2009
FISCAL YEAR, TO PROVIDE FOR THE RECOGNITION OF A LOAN FROM THE GENERAL FUND TO
THE FIRE/RESCUE FUND IN THE TOTAL AMOUNT OF $2,628,618; DESIGNATING THE SOURCES
OF THE APPROPRIATIONS; DESIGNATING THE AUTHORIZED EXPENDITURES AS PROVIDED
HEREIN; PROVIDING FOR THE FINANCE DIRECTOR TO MAKE ALL NECESSARY BUDGET AND
ACCOUNTING ENTRIES NECESSARY TO COMPLETE THE INTENT OF THIS RESOLUTION;
PROVIDING FOR CONFLICTS, SEVERABILITY, AND, PROVIDING FOR AN EFFECTIVE
DATE.
Steven Chapman, Finance Director, presented
the item. Mr. Chapman said there
are a number of items that have come to his attention in looking at some of the
financial changes that need to be made to put the City in a good position going
forward. Mr. Chapman indicated that
there was an outstanding loan agreement between the General Fund and the
Fire/Rescue Fund. He said in
November of 2006 the Commission gave the City Manager and Finance Director to go
forward with the completion of Fire Station 34 and to determine what financing
would be appropriate. The Fire Station has now been built and the final
reconciliation has been done and the remainder that needs to be completed to
final out the account is $2,628,618.
Mr. Chapman determined that an internal loan between the general fund and
the Fire/Rescue Fund would be the most appropriate to finance this. The general fund would loan the
Fire/Rescue Fund the money and they would transfer the funds to the Fire Station
34 construction fund to be finalized and completed. Mr. Chapman reminded the Commission that
they had approved 3.1 million for construction, but final accounting is only
approximately 2.6 million, which is a savings. Mr. Chapman also said he reviewed the
capital leases the City has and in a very low interest rate environment, which
we are currently in, we have a number of capital leases outstanding where the
interest rates being paid presents an investment opportunity for the City. He said by paying down these capital
leases early we are able to bank the interest expenses that we would have had by
going out the full term of the lease.
Mr. Chapman said that the savings, if paid off early, would be almost
$52,000 in interest savings.
Further, Mr. Chapman said he wholly recommends doing this. City Manager said the Finance Director
and Controller have been looking for ways to save dollars and have some
additional financial strategies to bring forth later. Commissioner Moyle said it is a good
idea.
Commissioner Frankel made a
motion to approve. Seconded by
Commissioner Hilton. Clerk polled
Commission. All
yes.
RESOLUTION NO. 09-03-5413 PASSED AND ADOPTED
UNANIMOUSLY
b.
ORDINANCE –
First
Commissioner Moyle moved to read. Seconded by Commissioner Hilton.
Attorney read title:
AN ORDINANCE OF THE CITY OF NORTH
LAUDERDALE, FLORIDA, AMENDING APPENDIX “F” OF THE CITY CODE OF ORDINANCES,
ENTITLED “FEES,” AND IN PARTICULAR, SECTION 60, THEREOF, ENTITLED “WATER AND
SEWER GENERALLY,” OF THE CODE OF ORDINANCES OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, IN ORDER TO REVISE THE MONTHLY RATES AND CHARGES FOR WATER AND SEWER IN
THE CITY OF NORTH LAUDERDALE, FLORIDA; ACCEPTING THAT CERTAIN WATER AND
WASTEWATER UTILITY RATE STUDY PERFORMED AND PREPARED BY CALVIN, GIORDANO AND
ASSOCIATES, INC., WHICH IN PART FORMS THE BASIS OF THIS AMENDMENT TO THE WATER
AND SEWER RATES OF THE CITY OF NORTH LAUDERDALE, FLORIDA; PROVIDING FOR THE
PROVISION OF NOTICE PURSUANT TO SECTION 180.136, FLORIDA STATUTES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS;
PROVIDING FOR AN EFFECTIVE DATE.
Finance Director, Steve Chapman, passed out a
fully documented Water Rate Study and reminded the Commission that a workshop
was held on this item. He said the
numbers have not changed since the workshop presentation. The consulting firm, Calvin, Girordano
& Associates was present to answer any questions. Mr. Chapman said they are recommending a
water rate increase to approximately $68.00, and the rate right now is
$51.00. Mr. Chapman indicated that
the rate increase is necessary to remain financially viable in the water and
utility system, primarily due to water restrictions and conservation
efforts. Mr. Chapman reported that
the expenses are going up and the revenues are falling, and this will help
balance it out and provide needed financing for capital repairs to the water
system.
Public hearing was
opened. No one from public
commented. Public hearing
closed.
Commissioner Moyle made a
motion to adopt on first reading.
Seconded by Vice Mayor Cangemi.
Vice Mayor Cangemi asked if there was any way
to defer the increase for a while.
Finance Director replied that the longer you defer this, the longer you
put off being able to do any maintenance to the facility and the higher the risk
you run of becoming insolvent.
Commissioner Moyle asked about an item mentioned during the workshop
regarding 14% of the meters not being read and uncollected revenue. City Manager Sala said that figure was
just in theory, that there is no evidence on that, and they do not know for sure
if that is actually money being lost and would not want a decision made on
theory. Commissioner Moyle
commented that he did not want to make a decision on a water rate adjustment
without knowing for certain. Mr.
Bloetscher of Calvin, Giordano explained that the 14% is the unaccounted for
water in the system, which is the difference between water leaving the plant and
water that is registered on someone’s meter. He indicated that in looking at the
billing, it appears that about 5-7% of meters that are zero reads, which means
they are not registering anything, and those should be investigated to determine
if they are people who are gone or people who never turned the meter off such as
a foreclosure house. Mr. Bloetscher
said that 14% is not unreasonable given the age of the system. Mike Shields added that unaccounted for
does not mean meters only, but could be leaks in pipes or fire flow since it is
an aging infrastructure.
Commissioner Moyle asked if this increase is based on water we’re
losing? Mr. Bloetscher explained
that it doesn’t work that way and what they look at is the current budget, which
has a significant shortfall, because you are seeing the actual water being sold
in the system is about 15% less than it was in the prior rate study three years
ago, and even with 5% increases each year, as expenses increase, you’ve lost
traction. He said the water being
sold is continuing to decrease.
Commissioner Moyle asked if it was a feasible thing to project an
increase over three years, as done in the past, and Mr. Chapman replied that by
doing something like that is potentially putting off needed repairs to the
system for three years. Vice Mayor
Cangemi asked about the transfer of reserves. Mr. Bloetscher gave an explanation. Mr. Shields reported that the two big
components they are trying to fix is the forty year old plant, which has had
minimal work done over the years and upgrade that, and on the sewer side they
need to spend money to maintain the sewer infrastructure, mainly the underground
pipes. Mr. Sala said this is how
the utility budget needs to adjust to get there, to get on a schedule to collect
the money that is needed to protect the water commodity that we produce. Further, Mr. Shields commented that the
rates are still lower than most countywide hefty increases. No further
comments.
Clerk polled Commission. Commission vote:
Vice Mayor Cangemi
Yes
Commissioner Moyle
Yes
Commissioner Hilton
Yes
Commissioner Frankel
No
Mayor Brady
No
ORDINANCE PASSED ON FIRST
c.
RESOLUTION -
Re-Negotiation of Agreement to outsource Aquatic Division Operations
Commissioner Frankel moved to read. Seconded by Vice Mayor
Cangemi.
Attorney read title:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY
MANAGER TO ENTER INTO THE FIRST AMENDMENT OF THE EXISTING AGREEMENT WITH JEFF
ELLIS AND ASSOCIATES INC., AKA JEFF ELLIS MANAGEMENT; FOR THE OPERATION OF THE
NORTH LAUDERDALE JERRY RESNICK AQUATIC CENTER FOR THE NEXT THREE YEAR TERM AND,
PROVIDING AN EFFECTIVE DATE.
Michael Sargis, Parks and Recreation Director, reported that back in June of 2006 the Commission authorized outsourcing the operation of the Aquatic Division in the Parks and Recreation Department for a way to save money because recreation amenities usually don’t pay for themselves and in this day and age it is important to make them as efficient as possible. Mr. Sargis said the savings in the first year of being contracted out was approximately $120,000. He said they have gone through the first three years of the contract and it is set to expire at the end of September of 2009. Mr. Sargis further stated that during the budget process the Commission authorized to negotiate with Jeff Ellis Management for a renewal of the three year contract and he is bringing forth a new agreement, along with the new three year rates. He said that basically each year the rates have gone up by about $12-14,000, but the year the pool service was contracted out, the total operating costs for staff and benefits was $302,000. Mr. Sargis commented that by contracting out the service, through the six years, the savings will be approximately $750,000 in staff and benefits costs, plus the service and customer satisfaction at the pool.
Commissioner Moyle moved to approve. Seconded by Vice Mayor Cangemi. No
Commission discussion. All
yes.
RESOLUTION NO. 09-03-5414 PASSED AND APPROVED
UNANIMOUSLY
10.
REPORTS
a.
Update on Agreement between the City and United
Homes for
Jesus Valdes, Code Enforcement Supervisor, reported that
at the February 24th meeting, Tony Mijares of United Homes requested
that a Summons to Appear at a Special Magistrate Hearing issued by the Code
Compliance Department be postponed to allow him time to discuss the matter with
his legal counsel. Mr. Valdes said
the City was very sensitive to the request and much effort was made to
accommodate the request, resulting in a mutual agreement that satisfied the City
requirements and gives Village Park reasonable time to properly notice the
owners of the RVs to remove the remaining recreational vehicles from the
property, prior to the start of hurricane season, which is June
1st. He said the
pre-arranged agreement was possible after much communication and careful
consideration of the issue and with the assistance of legal counsel for both
parties.
11.
COMMISSION COMMENTS
a.
Discussion and possible Motion…Mobile Car Washing
Mayor Brady - passed the gavel and made a motion to
direct the City Attorney to draft an ordinance changing the Code of Ordinances
to allow for permitting for mobile car washing. Commissioner Frankel
seconded the motion. City
Attorney Horowitz commented that there are a number of issues associated with a
mobile car wash concept, not the least of which is zoning and land use
ramifications that may be in place, as well as certain business license tax
implications. He said there is a
distinguishing factor between a mobile car wash that comes to someone’s house
and offers to wash cars, versus a permanently fixed establishment. Attorney Horowitz requested time to do
research before drafting an Ordinance to determine all the nuances that need to
be factored in. Commission was in
consensus.
Vice Mayor
Cangemi – commented on the trip
to Broward Days in
Vice Mayor Cangemi made a motion to bring on
Ericks Consultants as part of the lobbying team at no extra cost to the
City. City Manager Sala said they
would have to look to see where the cost would fit into the budget, because you
would have to pay them at least what Mr. Sigerson gets. Commissioner Moyle said he knows Ericks
is a good firm, but would like to see someone who knows the other side. Mayor
Brady said he has known of Candace Ericks for years and has seen the good job
she does. Mr. Sala asked what the Commission’s directive was. Vice Mayor Cangemi said he would like to
contact Ericks Consultants and see if they can come on board for the rest of
this year’s session and to discuss a fee.
Mr. Sala asked if this motion would be to not exceed a $10,000.00
negotiation. Vice Mayor Cangemi
replied yes. Commissioner Frankel
seconded the motion.
Vice Mayor Cangemi also discussed a policy
for offering jobs within the City to employees first before advertising. City Attorney Horowitz said at the
Commission’s direction, they will research the concept and report back. Vice Mayor Cangemi moved to direct the
City Attorney’s office to look into the issue of providing an opportunity for
employees to apply for open job positions before advertising outside. Commissioner Frankel seconded the
motion. All in
favor.
Commissioner Rich
Moyle – reported on a letter
sent to the Broward County Commission regarding having a hazardous waste
facility here in
Commissioner Moyle also commented on the
Newsletter and complimented
Commissioner Moyle read a statement about two
issues brought to his attention by the Florida League of Cities Attorney, Bruce
Johnson, while he was waiting to testify in a lawsuit brought against the
City. Commissioner Moyle said he
would like the Commission to discuss the issues and later take action. The first issue was regarding a letter
of reference written by a board member on City letterhead on behalf of a former
employee and Commissioner Moyle suggested censuring Commissioner Frankel. The second issue was regarding the
irresponsible use of the City’s public records in that Attorney Johnson advised
Commissioner Moyle that the original recorded tape of the July 12, 2005
Commission meeting was given to the former employee for use in her lawsuit, and
Commissioner Moyle voiced concerns about the original tape. Commissioner Moyle made a motion to
direct the City Attorney’s office to prepare a resolution to start proceedings
to initiate an investigation on these two issues. Vice Mayor Cangemi seconded the
motion. No Commission
discussion. All in
favor.
12.
CITY MANAGER COMMENTS
City Manager Sala asked Fire Chief Kevin
Bowman to make an announcement to the Commission. Chief Bowman reported that at the end of
this month and the beginning of next month they will be having some Firefighters
Emergency Medical Service drills for varied multiple casualty scenes to see how
well they’re done to make sure that they are properly
trained.
13.
CITY ATTORNEY COMMENTS
a.
Discussion on Planning & Zoning Board
Member’s Failure to Comply with Florida Commission on Ethics
Requirements
Attorney Horowitz reported that a Planning
and Zoning Board member, Carlton Jackson, failed to timely file a Form 1
Financial Disclosure with the Florida Commission on Ethics, was found to be in
violation and has since appealed to the Commission. Mr. Horowitz said we are waiting to hear
from them as to the final outcome with regard to imposing penalties, and he will
monitor the situation to determine if any action is required by the City
Commission. Mayor Brady said these
people serve on our boards for free and asked if there was anything the
Commission could do to help.
Attorney Horowitz said on these quasi-judicial boards, the members are
advised upon their appointment as to their responsibility to file with the
Commission on Ethics. He said to
the extent that this member is found to be fined, the Commission could make a
statement to the Commission on Ethics, but that ultimately it is their decision
whether or not to impose penalties and there is very little the City can do to
adjust the fine. Mayor Brady passed
the gavel and made a motion for the City Commission to send a letter in support
of Mr. Jackson to the Florida Commission of Ethics. Commissioner Frankel seconded the
motion. Clerk polled
Commission. All yes.
14.
ADJOURNMENT – There being no further discussion, the
meeting adjourned at 7:11 p.m.
Respectfully submitted,
Patricia Vancheri
Interim City Clerk