Notes of the Commission Meeting of June 9

On June 9, the City Commission met, and the following items of interest were discussed:

PRESENTATIONS:

A. A PRESENTATION/UPDATE BY ALBERT TUCKER ON THE GOSPEL COMPLEX FOR EDUCATION AND PRESERVATION

B. A PRESENTATION BY THE ARTS, CULTURAL AND TOURISM (A.C.T.) BOARD TO RECOGNIZE PARKWAY MIDDLE SCHOOL STUDENTS AND DAVID RIVERA FOR THEIR PARTICIPATION IN THE EVENT “CELEBRATION OF THE ARTS”.

ORDINANCES & PUBLIC HEARINGS ----- FIRST READING:

1. ORDINANCE NO. 08O-05-118: APPROVED AN ORDINANCE APPROVING THE AMENDMENT TO THE SCHEDULE OF RATES, FEES AND CHARGES PURSUANT TO THE FRANCHISE AGREEMENTS WITH WASTE MANAGEMENT, INC.

2. ORDINANCE NO. 08O-05-119: APPROVED AN ORDINANCE APPROVING THE AMENDMENT TO THE SCHEDULE OF RATES, FEES AND CHARGES PURSUANT TO THE FRANCHISE AGREEMENTS WITH ALL SERVICE REFUSE COMPANY, INC.

3. ORDINANCE NO. 08O-06-123: ULTIMATELY APPROVING AN ORDINANCE TO ELIMINATE THE POSITION OF DEPUTY VICE MAYOR TO APPEAR ON THE GENERAL MUNICIPAL ELECTION BALLOT NOVEMBER 4, 2008. Originally it failed on a 2-3 vote. Commissioner Benson and Berger voted in favor. Later on reconsideration it passed 4-1, Mayor Kaplan voting against. (REQUESTED BY THE CITY COMMISSION). Statements were made that even though there may be a need for the position, which costs no money to have, the voters should have a right to weigh in on this. The position was created to provide someone to run a Commission Meeting in the absence of the Mayor and Vice-Mayor, which, though rare, has occurred. Mayor Kaplan stated that without the position, there can be a problem on who will run the meeting under such circumstances.

4. ORDINANCE NO 08O-06-124: APPROVED AN ORDINANCE CALLING FOR A REFERENDUM PROVIDING TERM LIMITS FOR CITY COMMISSIONERS TO SERVE NO MORE THAN THREE (3) CONSECUTIVE FOUR-YEAR TERMS. Passed 4-1, Commission Berger voted against. (REQUESTED BY COMMISSIONER BENSON). Several Commissioners expressed no endorsement for this proposal, but it was the voters right to consider. Note: If this proposal was already law in Lauderhill, it would not, as of this date, had ever had an impact since no elected official has ever served more than 12 consecutive years in a particular office.

5. ORDINANCE NO. 08O-06-126: APPROVED AN ORDINANCE TO PROVIDE THAT A PUBLIC REPRIMAND, OR LESSER PUNISHMENT, OF A COMMISSIONER, WHEN THAT COMMISSIONER VIOLATES THE CHARTER BY INTERFERING WITH THE ADMINISTRATION, SHALL BE PURSUANT TO ORDINANCE(S) WHICH WILL REQUIRE A UNANIMOUSLY VOTE OF THE REMAINING MEMBERS OF THE CITY COMMISSION ON A 4-1 VOTE. Commissioner Berger voted against it. (REQUESTED BY THE CITY COMMISSION). The Mayor brought this forward because presently the Charter prohibits Commissioners from Interfering with Administration. However, the Charter provides no penalties if they do. It was brought to the Mayor's attention that a Commissioner had "Interfered with the Administration," but being there was no penalty for doing it, the city could not pursue and remedial action against the Commissioner, but it did against the employee for complying with the Commissioners orders.

6. ORDINANCE NO. 08O-06-127: APPROVED AN ORDINANCE AMENDING THE PROCEDURE FOR DETERMINING WHEN TO HOLD THE FIRST MEETING OF THE NEW CITY COMMISSION, TO BE 14 DAYS AFTER THE ELECTION(REQUESTED BY THE CITY COMMISSION). This is to accommodate the Supervisor of Election, who has stated that they cannot certify a city election within the present 3 days required under Lauderhill's Charter. That by giving the 14 days should be sufficient to certify the election for a properly set swearing in ceremony.

ORDINANCES & PUBLIC HEARINGS --- SECOND READING:

8. REMOVE ORDINANCE NO. 08O-02-105 FROM THE TABLE AND REPLACE WITH THE FOLLOWING:

ORDINANCE NO. 08O-02-105: APPROVED AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS AND PERTAINING GENERALLY TO CHILDCARE AND FAMILY DAY CARE HOME, AND AMENDING SCHEDULE A TO PROHIBIT LARGE FAMILY DAY CARE HOME UNLESS VESTED BEFORE FEBRUARY 15TH, 2008; ADDING PROVISIONS REGARDING PERSONNEL, PRE-REQUISITES, GROUPS, AND OTHER REQUIREMENTS. BASED UPON PRIOR MEETINGS, THE COMMISSION AMENDED THE ORDINANCE TO ADD NEW LANGUAGE. THEREBY REQUIRING A 3RD READING.

RESOLUTIONS

COMMISSION

9. RESOLUTION NO. 08R-06-128: APPROVED A RESOLUTION OF THE CITY OF LAUDERHILL, FLORIDA ADOPTING THE U.S. GREEN BUILDING COUNCIL’S LEED FOR EXISTING BUILDINGS: OPERATIONS & MAINTENANCE SILVER STANDARDS TO REDUCE OPERATIONAL COSTS AND TO CONSERVE ENERGY AND WATER; ADOPTING THE FLORIDA GREEN BUILDING COALITION’S GREEN LOCAL GOVERNMENT STANDARD RELATING TO OPERATIONAL EXPENDITURES IN FLEET MAINTENANCE AND LANDSCAPING TO REDUCE OPERATIONAL COSTS AND CONSERVE ENERGY AND WATER; PROVIDING THAT THESE ARE VOLUNTARY GOALS AND STANDARDS AND THAT THE CITY IS NOT REQUIRED TO GO THROUGH CERTIFICATION PROCESS; SUPPORTING THE DEVELOPMENT OF AN INCENTIVE PROGRAM TO ENCOURAGE OTHER DEVELOPMENT IN THE CITY TO ADOPT THESE STANDARDS(REQUESTED BY MAYOR RICHARD J. KAPLAN).

10. RESOLUTION NO. 08R-06-129 & 130: APPROVED A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA, SUPPORTING HOUSE AND SENATE BILLS; SUPPORTING INCREASED AWARENESS, EDUCATION AND HEALTHCARE COVERAGE FOR AUTISM SPECTRUM DISORDER (REQUESTED BY VICE MAYOR M. MARGARET BATES).

11. RESOLUTION NO. 08R-06-131: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL REQUESTING THE CITY ATTORNEY TO REVIEW THE LEGAL REQUIREMENTS REGARDING THE COMPOSITION OF ALL CITY BOARDS AND COMMITTEES IN ORDER TO MAKE A RECOMMENDATION TO THE CITY COMMISSION REGARDING WHAT BOARDS OR COMMITTEES COULD BE MODIFIED TO BROADEN OR LIBERALIZE THE NECESSARY QUALIFICATIONS IN ORDER TO SERVE AS A MEMBER.

12. RESOLUTION NO. 08R-06-132: APPROVED A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL EXPRESSING THANKS AND APPRECIATION TO THE MEMBERS OF THE CHARTER REVIEW BOARD; ACCEPTING THE TRANSMITTAL OF THE PROPOSED CHARTER AMENDMENTS FROM THE CHARTER REVIEW BOARD(REQUESTED BY THE CITY COMMISSION).

13. RESOLUTION NO. 08R-06-133: APPROVED A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE MEDITATION PARK GROUND LEASE AGREEMENT BETWEEN THE CITY OF LAUDERHILL AND THE INVERRARY ASSOCIATION.

14. RESOLUTION NO. 08R-06-134: APPROVED A RESOLUTION APPROVING THE START UP BUDGET OF $10,700, FOR THE CITY OF LAUDERHILL’S 50TH ANNIVERSARY EVENT TO BE HELD ON JUNE 20, 2009. (REQUESTED BY CITY MANAGER, CHARLES FARANDA). THE ORIGINAL REQUEST WAS FOR $154,743, BUT WILL BE DISCUSSED WITHIN THE NEXT BUDGET. THE MAYOR AND SOME RESIDENTS EXPRESSED DEEP CONCERN OVER SPENDING SUCH LARGE SUMS OF MONEY DURING A PERIOD WHEN THE CITY IS FACING SIGNIFICANT MANDATORY AND ECONOMIC REVENUE CUTBACKS.

15. RESOLUTION NO. 08R-06-137: APPROVED A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPOINTING SEVERAL MEMBERS TO THE MASTER PLAN TASK FORCE FOR THE CITY OF LAUDERHILL (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Additional positions are still available on this Board, as well as other Boards. Those interested can submit their resume to the City Clerk to be considered for appointments.

D.E.E.S.

16. RESOLUTION NO. 08R-06-139: APPROVED A RESOLUTION APPROVING THE AWARD OF BID (P2008-005) TO DYNASERVE FLORIDA, INC. TO PROVIDE GROUND MAINTENANCE FOR MEDIANS, RIGHT-OF-WAYS, DRAINAGE DITCHES, AND CITY-OWNED COMMON AREAS.

17. RESOLUTION NO. 08R-06-140: APPROVED A RESOLUTION APPROVING THE AWARD OF BID TO TENEX ENTERPRISES, INC. IN THE AMOUNT OF $177,026.60 FOR MEDIAN IMPROVEMENTS TO N.W. 31ST AVENUE AT N.W. 12TH PLACE, N.W. 14TH STREET, N.W. 16TH STREET AND FOR THE WIDENING ON N.W. 14TH STREET

FINANCE

18. RESOLUTION NO. 08R-06-141: APPROVED A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING, AND APPROVING THE AWARD OF CONTRACTS TO BV OIL COMPANY AS THE PRIMARY VENDOR AND TO MACMILLAN COMPANY OF FLORIDA AS THE SECONDARY VENDOR TO ALLOW FOR THE PURCHASE OF DIESEL FUEL, ON AN AS NEEDED BASIS, BASED UPON THE BIDS SOLICITED BY THE CITY OF CORAL SPRINGS AS “LEAD AGENCY” FOR THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING CO-OPERATIVE GROUP

POLICE

19. RESOLUTION NO. 08R-06-144: APPROVED A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF LAUDERHILL AND GEORGETOWN COMMUNITY ASSOCIATION, INC. FOR LOCAL TRAFFIC CONTROL AND PUBLIC SAFETY IN THE AREA KNOWN AS THE GEORGETOWN COMMUNITY.


QUASI-JUDICIAL MATTERS, FIRST READING:

20. RESOLUTION NO. 08R-06-145: APPROVED A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA RESCINDING AND REPLACING RESOLUTION NO. 06R-02-257; CHANGING THE NAME OF THE TENANT FROM “OASIS GAMES, INC.” TO “OASIS BINGO, INC.” AND APPROVING THE SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, TO ALLOW IN THE GENERAL COMMERCIAL (C-3) ZONING DISTRICT A BINGO HALL AND GAME ROOM, MORE COMMONLY KNOWN AS THE FORMER 10 CENT BINGO LOCATED AT 4475 NORTH UNIVERSITY DRIVE, LAUDERHILL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.

21. RESOLUTION NO. 08R-06-146: APPROVED A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA RESCINDING AND REPLACING RESOLUTION NO. 08R-02-53; CHANGING THE NAME OF THE LESSEE AND APPLICANT FROM “FINE ENTERTAINMENT AND ELEGANT AFFAIRS” TO “FINE ENTERTAINMENT & ELEGANT AFFAIRS II, LLC”, APPROVING THE SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, TO ALLOW IN THE GENERAL COMMERCIAL (C-3) ZONING DISTRICT AN APPROXIMATE 3,173 SQUARE FOOT PRE-EXISTING PUBLIC DANCE BALLROOM LOCATED ON ROCK ISLAND ROAD AND 44TH STREET.

OLD BUSINESS:

22. RESOLUTION NO. 08R-05-120: APPROVED A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPOINTING MOST OF THE MEMBERS TO THE LAUDERHILL LOCAL AFFORDABLE HOUSING ADVISORY COMMITTEE AS REQUIRED BY FLORIDA STATUTES, SECTION 420.9076; PROVIDING THAT THE COMMITTEE SHALL CONSIST OF ELEVEN MEMBERS AND PROVIDING REQUIREMENTS FOR COMPOSITION OF BOARD MEMBERS. There still remains a position for a person involved in Labor and Affordable Housing. If interested, please send your resume to the City Clerk.


NEW BUSINESS

23. SCHEDULED THE ANNUAL BUDGET WORKSHOPS ON JULY 15,2008 AT CITY HALL STARTING AT 11 AM.