CITY OF NORTH
LAUDERDALE
COMMISSION MEETING
MONDAY, SEPTEMBER
14, 2009
BUDGET WORKSHOP –
4:30 p.m.
REGULAR MEETING –
5:30 p.m.
WATER CONTROL
DISTRICT
(Immediately
following regular meeting)
MINUTES
1. INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Moyle gave the invocation. Mayor Brady asked for a moment of silence for Alina Medina, a North Lauderdale resident, nineteen years old, who passed away in an automobile accident this week.
2.
ROLL CALL – Clerk called roll. All present.
Mayor
Vice Mayor
Commissioner Gary
Frankel
Commissioner Rich Moyle
Commissioner David G.
Hilton
Interim City Manager Ambreen
Bhatty
City Attorney Jacob
Horowitz
3.
APPROVAL OF MINUTES – None Submitted
4.
PRESENTATIONS
a.
Community Improvement Awards - Kevin Pierson, Neighborhood Improvement
Coordinator, presented awards for the Neighborhood Beautification Program. Mr. Pierson commented that several properties
are selected by the Code Enforcement personnel in their patrol zones. The properties are selected for their
outstanding appearance, which reflects a high degree of maintenance. He said photographs of the properties are
presented to the Housing Authority, who chooses the best of the three categories,
and once selected, the recipients are acknowledged by the City with a
Certificate of Appreciation, along with a gift card from Home Depot, and a
photograph of the property will be placed on the City’s website; also a sign
will be placed on the property for 30 days designating it as an award
recipient. The following people received the award:
i.
Residential – Willy & Dina Dolce and Dino
& Claire Compare
ii.
Multifamily – Lakeview Cove – Property Mgr.
Karen Miller
iii.
Commercial – Foam Factory Inc./American Visual –
Stanley and Lori Regent
Mr. Pierson showed photographs of the properties and the recipients
received their awards.
5.
PUBLIC DISCUSSION
Micheal Brown: 7504
SW 5 Street. Mr. Brown thanked the
Commission and City Manager for the time given to him to present his plans for
reopening the school and is hoping that he has made progress in creating some
understanding in what he is trying to do. He said he understands that there is
no commitment. Also Mr. Brown commented
that he attended the workshop and was impressed with what was accomplished on
the budget. He said he has not given up
with trying to move forward on a proposal he has for the school.
Bruce Tumin: 1225
Hampton Blvd. Mr. Tumin commented on the
cost of the Wyland Wall and voiced concerns about the sidewalks and possible
trip hazards. Mr. Tumin said he thinks
there are problems with the drainage and the irrigation is subject to
vandalism. Mr. Tumin made suggestions on how the problems he portends can be
solved with regard to the sidewalk and lighting.
Te Andre Gomion: 7921
SW 5 Street. Mr. Gomion addressed the
Commission to publicly confirm his decision to withdraw from the upcoming Mayor
race. Mr. Gomion stated that after
serious consideration and consultation, he has made a somewhat painful and
personal decision and his aspirations were not meant as an affront to the
Commission but as an opportunity to participate in the political process. He said, however, it does appear that his
campaign may have had an unintended consequence that is not beneficial to the
City, which of course is his first concern.
Mr. Gomion further stated that he hopes to contribute in the future and
thanked the Commission for their time for letting him speak tonight. Mr. Gomion said with the Commission’s
permission he would like to shake each one’s hand as they lead us into the
future. Mr. Gomion shook hands with
each member on the dais and Mayor Brady and the Commission thanked him.
6.
BUDGET RELATED MATTERS
a. ORDINANCE - First Reading - Ad
Valorem Tax Rate
Commissioner Frankel moved to read.
Seconded by Vice Mayor Cangemi.
Attorney read:
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 6.9185 MILLS FOR THE 2009 TAX YEAR REPRESENTING
A DECREASE OF 4.67% 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 0.2363 MILLS FOR THE 2009
TAX YEAR, SPECIFICALLY TO SERVICE, AND ONLY TO SERVICE, THE DEBT INCURRED BY
THE NORTH LAUDERDALE 2004 GENERAL OBLIGATION BOND ISSUE, FOR A TOTAL CITY OF
NORTH LAUDERDALE 2009 TAX YEAR AD VALOREM TAX
MILLAGE LEVY RATE OF 7.1548 MILLS FOR ALL PURPOSES OR $7.1548 PER
THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE; PROVIDING FOR CONFLICTS;
AND, PROVIDING AN EFFECTIVE DATE.
Steven Chapman, Director of Finance, presented the item. Mr. Chapman said that as explained in the
workshop, a tentative preliminary millage has been set at 6.9185 mills for the
general fund operating, and .2363 mills for the debt service. Mr. Chapman said this is the highest level
you can go at and the millage accepted this evening on first reading must be
passed by 4 votes due to the City Charter, and will lower property taxes from
the same period last year and will be at 4.67% below the rolled back rate which
was 7.225 mills, which equates to about a $400,000.00 tax reduction in property
tax millage.
Mayor Brady opened public
hearing.
Mr. Bruce Tumin commented that the budget didn’t address specific
salaries and asked for information on administration and city clerk’s
office. City Manager advised that he
could make a public records request for the information. Also, Mr. Tumin questioned the debt service
on the school and wall loans and asked if they are paid from ad valorem
tax. Mr. Chapman responded that those
loans are covered under non-ad valorem taxes and no property tax revenues go
toward payment of the loans. Mr. Tumin
also questioned fire assessments.
No one else from public
spoke. Public hearing closed.
Commissioner Moyle moved to
adopt. Seconded by Commissioner Frankel.
Mayor Brady asked if there was no
tax increase and Mr. Chapman reiterated that if the Commission chooses to adopt
the rate of 6.9185 mills, it is 4.67% less than the roll back rate and they
will be collecting 4.67% less property tax revenue in fiscal year 2010 than we
did in 2009, which means the City will see a drop in property tax revenue, so
it is a property tax cut. Mayor Brady
said that is good because in these economic times he will not vote for a tax
increase. Mr. Chapman stated that
because of the Save our Homes Laws, the impact will be felt differently by
different residents.
Clerk polled Commission. Rich
Moyle – Yes. Commissioner Hilton – Yes.
Commissioner Frankel – Yes. Vice
Mayor Cangemi – Yes. Mayor Brady – No.
ORDINANCE PASSES ON FIRST
READING – 4-1 VOTE – MAYOR BRADY DISSENTING.
b.
RESOLUTION - Fire Rescue Assessment Annual Rate
Resolution for the Fiscal Year beginning October 1, 2009
Commissioner Frankel moved to read.
Seconded by Commissioner Hilton.
Attorney read:
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, 2009; APPROVING THE RATE OF
ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Steve Chapman, Director of Finance, presented the item. Mr. Chapman stated that the assessment will
have an increase for residential properties from $212.00 to $220.00, which is
$8.00 a year or $0.67 per month; for multi-family properties it goes from
$333.00 to $345.00, which is $12.00 a year or $1.00 per month; for commercial,
institutional and other properties it is based on a scale. Mr. Chapman said the City is in its third
year of a four year consulting contract that has taken into consideration a
number of items with respect to the fire assessment and this is very regulated
and we follow the consultants recommendations closely. Further Mr. Chapman said we have to provide
our assessment to the County by September 15th so it needs to be
considered this evening.
Public hearing opened. Terry
Halligan, 6502 Pebble Beach, addressed the Commission and asked the status of
the old fire house that the City owns.
Mike Shields, Public Works Director, advised that the City has plans to
use that property for other purposes.
No one else spoke. Public hearing closed. Commissioner Frankel made a motion to
approve. Seconded by Commissioner
Hilton. No Commission discussion. Clerk polled Commission. Commissioner Hilton – Yes. Commissioner Frankel – Yes. Vice Mayor Cangemi – Yes. Commissioner Moyle – Yes. Mayor Brady – No.
RESOLUTION NO. 09-09-5477 PASSED AND APPROVED – 4-1 VOTE – MAYOR BRADY
DISSENTING
c. RESOLUTION
- Comprehensive Pay and Classification Plan - Fiscal Year 2010
Commissioner Frankel moved to read. Seconded by Commissioner Hilton.
Attorney read:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, REPEALING RESOLUTION 08-07-5339 WHICH RESOLUTION DID ADOPT THE CITY OF NORTH LAUDERDALE COMPREHENSIVE PAY AND CLASSIFICATION PLAN FOR FISCAL YEAR 2009, AND AS AMENDED FROM TIME TO TIME, AND HEREBY ESTABLISHING A REVISED PAY AND CLASSIFICATION PLAN FOR FISCAL YEAR 2010 COMMENCING ON OCTOBER 1, 2009; PROVIDING FOR THE ESTABLISHMENT OF NEW CLASSIFICATIONS; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.
Jennifer Yarmitzky, Human Resources Manager, presented the item. She indicated that the detailed presentation
was given at the workshop, but would be happy to answer any questions.
Commissioner Frankel moved to
approve. Seconded by Commissioner Hilton. No Commission discussion. Clerk polled Commission. All yes.
RESOLUTION NO. 09-09-5478 PASSED AND ADOPTED UNANIMOUSLY
d.
ORDINANCE - First
Reading –Budget Adoption
Commissioner Hilton moved to read. Seconded by Commissioner Hilton.
Attorney read:
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 14, 2009, AND AS REVISED AND APPROVED ON SEPTEMBER 14, 2009 AS THE CITY OF NORTH LAUDERDALE’S FINAL BUDGET FOR THE 2009/10 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, 2009, AND AUTHORIZATION TO RE-APPROPRIATE ALL UNEXPENDED CAPITAL APPROPRIATIONS, INCLUDING LAPSED CAPITAL OUTLAY ENCUMBRANCES, IN THE 2009/10 BUDGET YEAR PROVIDING FOR SEVERABILITY; AND, PROVIDING AN EFFECTIVE DATE.
Steve Chapman, Finance Director, presented
the item. Mr. Chapman indicated that the
ordinance is before the Commission tonight on first reading and the budget
includes all amendments and changes that have been discussed between the July
14th and the present meeting to date; it incorporates the millage
that is currently set at 6.9185 mills; provides for payment of all debt and
leases and provides for operating expenditures from October 1, 2009 through
September 30, 2010. Mr. Chapman said the
budget for general fund, property tax fund, is a decrease of one million
dollars, going from 24.2 million down to 23.2 million dollars. Mr. Chapman said the budget is good and
thanked all departments, the direction of the City Commission and City Manager
to be able to provide this fiscally sound budget for FY 2010.
Public
hearing opened. Bruce Tumin spoke on two items; one
concerning the hurricane loan, a one million dollar transfer from the general
fund for hurricane damage and he wanted to know why there wasn’t a referendum,
and the other one concerning depreciation of utilities, sewer, stormwater, and
asked if City Hall, parks and fire
station were also depreciated. Steve
Chapman responded that the hurricane loan was made after Wilma and that the Water
Control District incurred about a million dollars of expenses that were not
reimbursed by FEMA, so at that point in time, the general fund loaned the Water
Control District fund money, which requires no public referendum for one fund
to loan to another fund, because it is normal accounting, based on action of
Commission. Mr. Chapman stated that the
Water Control District is paying the money back to the general fund and will be
paid in two years. With regard to the
question of depreciation, Mr. Chapman advised that the utilities funds are run
like businesses and revenues are collected as fees for services provided, i.e.
water, and general accounting standards require that enterprise funds
depreciate their assets much like a business.
He said every other fund, such as general fund or special revenue funds
are governmental type funds and they do not have depreciation expense.
No one
else spoke. Public hearing closed. Commissioner Frankel moved to adopt. Seconded by Commissioner Moyle. No Commission discussion. Clerk polled Commission. All yes.
ORDINANCE
PASSED AND ADOPTED UNANIMOUSLY ON FIRST READING
7.
CONSENT AGENDA
No items were pulled from consent.
Commissioner Hilton. Seconded by
Commissioner Frankel.
Attorney read:
a.
RESOLUTION –Highlands Court Water and Sewer
Project
A
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA
DIRECTING THE CITY ADMINISTRATION AND CITY ATTORNEY’S OFFICE TO INITIATE THE
PROCESS FOR THE CITY TO TAKE OWNERSHIP AND CONTROL OF THE WATER AND SEWER MAINS
LOCATED WITHIN THE HIGHLANDS OF TAM O’SHANTER, SECTION ONE, SUBJECT TO THE
COORDINATION AND COOPERATION OF ALL OF THE OWNERS OF PROPERTY THEREIN;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
RESOLUTION NO. 09-09-5479
b.
RESOLUTION - SWAV
09-01B Sign Waiver Request
Family Dollar, 8076 W
McNab Rd
Applicant: Sign Solutions on
behalf of Family Dollar
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF NORTH LAUDERDALE, FLORIDA, APPROVING A SIGN WAIVER REQUEST FOR FAMILY
DOLLAR, LOCATED AT 8076 W MCNAB ROAD, NORTH LAUDERDALE, FLORIDA, THEREBY
PERMITTING THE INSTALLATION AND MAINTENANCE OF ONE SIGN WITH 22” HIGH CAPITAL
LETTERS, WHEREAS MAXIMUM 16 INCHES HIGH LETTERS ARE ALLOWED BY SECTION 94-16
(C) (2) (C) OF THE CITY’S CODE OF ORDINANCE WITHIN A COMMUNITY BUSINESS (B-2)
ZONING DISTRICT.
RESOLUTION NO. 09-09-5480
c. RESOLUTION
– SWAV 09-04 Sign
Waiver Request for Chase Bank, 1319 S. State Road 7
APPLICANT: NW Sign Industries on behalf of Chase Bank
Sign waiver request to permit 30” high capital
letters on two wall signs, whereas maximum 16 inches in height letters
and one wall sign are allowed by Code within a General Business (B-3) Zoning
District.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF NORTH LAUDERDALE, FLORIDA, APPROVING A SIGN WAIVER REQUEST FOR CHASE BANK,
LOCATED AT 1319 SOUTH STATE ROAD 7, NORTH LAUDERDALE, FLORIDA, THEREBY
PERMITTING THE INSTALLATION AND MAINTENANCE OF TWO WALL SIGNS WITH 30” HIGH CAPITAL LETTERS WHERE
MAXIMUM 16 INCHES HIGH LETTERS ARE ALLOWED BY SECTION 94-16 (C) (2) c OF THE CITY’S CODE OF ORDINANCE WITHIN A
GENERAL BUSINESS (B-3) ZONING DISTRICT.
RESOLUTION NO. 09-09-5481
d.
RESOLUTION - SWAV
09-05 Sign Waiver Request for Altis a/k/a Granada Apartments, 1700 S
State Road 7
APPLICANT: Granada at North
Lauderdale (Altman Development)
To allow 30 inches in
height letters l and t and two residential identification signs whereas a
maximum 16 inches in height letters and one identification sign are allowed by Code
within a Planned Unit
Development (PUD) Zoning District.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF NORTH LAUDERDALE, FLORIDA, APPROVING A SIGN WAIVER REQUEST FOR ALTIS a.k.a. Granada Apartments,
LOCATED AT 1700 SOUTH STATE ROAD 7, NORTH LAUDERDALE, FLORIDA, THEREBY
PERMITTING THE INSTALLATION AND MAINTENANCE OF TWO RESIDENTIAL SIGNS WITH 30”
HIGH CAPITAL LETTERS L AND T WHEREAS
MAXIMUM 16 INCHES HIGH LETTERS ARE ALLOWED BY SECTION 94-16 (C) (2) c OF THE CITY’S CODE OF ORDINANCE WITHIN A PLANNED
UNIT DEVELOPMENT (PUD) ZONING DISTRICT.
RESOLUTION NO. 09-09-5482
e. RESOLUTION
– Award of Sanitary Sewer Rehabilitation
Bid #09-08-303
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 OF NORTH LAUDERDALE AND TELE-VAC SOUTH INC. FOR
SANITARY SEWER REHABILITATION PROJECT (BID#09-08-303) AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. 09-09-5483
f.
RESOLUTION – Florida League of Cities Insurance Contract Renewal – FY 09/10 - General/Professional
Liability, Automobile Liability/Physical
Damage, Property and Workers’ Compensation
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 2009/10, PROVIDING FOR A PREMIUM OF NOT MORE THAN $549,464 AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. 09-09-5484
g.
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 08-09-5359 WITH COLONIAL INSURANCE TO ADMINISTER A FLEXIBLE SPENDING ACCOUNT PROGRAM FOR THE EMPLOYEES OF NORTH LAUDERDALE; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. 09-09-5485
h.
RESOLUTION – Bill Daly’s Insurance Agency Contract Renewal 2009/10
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 2009/10; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. 09-09-5486
i.
RESOLUTION – Employee Group Insurance Renewal - Fiscal Year 2009/10
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 FOR EMPLOYEE
GROUP INSURANCE AS OUTLINED IN SECTION 1 OF THIS RESOLUTION FOR FISCAL YEAR 2009/10;
AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. 09-09-5487
Commissioner Frankel moved to
approve consent agenda as read.
Commissioner Moyle seconded.
Clerk polled Commission. All yes.
CONSENT AGENDA APPROVED
UNANIMOUSLY
8.
OTHER BUSINESS
a.
ORDINANCE – First
Reading: Transmittal:
City of North Lauderdale Comprehensive Plan Proposed Text Amendments to
the Future Land Use Element based on the Provisional Recertification Report
from Broward County Planning Council
APPLICANT: City of North Lauderdale
Commissioner Hilton moved to read. Seconded by Vice Mayor Cangemi.
Attorney read:
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE ADOPTING THE TEXT
AMENDMENTS TO THE CITY OF NORTH LAUDERDALE COMPREHENSIVE PLAN BASED ON THE
PROVISIONAL RECERTIFICATION REPORT BY THE BROWARD COUNTY PLANNING COUNCIL; AND
APPROVING TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS IN
ACCORDANCE WITH SECTION 163.32465, FLORIDA STATUTES.
Tammy Reed-Holguin, Community Development Director, presented the item. She stated that on May 29, 2008 the City of
North Lauderdale adopted its Comprehensive Plan amendments based on the
Evaluation and Appraisal Report (EAR), which included the incorporation of a
new element to the plan, the Public School Element and the City’s 10-Year Water
Supply Plan. She said the Plan Amendment
was found to be in compliance by the Florida Department of Community Affairs on
August 28, 2008 and the Department published the Notice of Intent. No objections were filed. Ms. Reed Holguin went on to say that the City
subsequently submitted the Future Land Use Element (FLUE) to the Broward County
Planning Council (BCPC) for recertification.
She stated that in November of 2008, we received a “Provisional
Recertification Report” from the planning council. The report identified sections of the Future
Land Use Element that needed revision in order to fully comply with the Broward
County Land Use Plan. Ms. Reed-Holguin
said tonight she is asking for Commission’s adoption to transmit the response
to and the amendments to the Future Land Use Element to bring it into
compliance with the Broward County Land Use Plan. She said there were also some changes in the
implementation plan which are on file with the City Clerk’s office and is not
transmitted to the Department of Community Affairs for approval.
Mayor Brady opened Public
Discussion. No one spoke. Public Hearing
closed. Commissioner Moyle made a motion
to approve. Seconded by Vice Mayor
Cangemi. No Commission discussion. Clerk polled Commission. All yes.
ORDINANCE PASSED ON FIRST
READING UNANIMOUSLY.
b.
ORDINANCE - First
Reading: Amendment to Chapter 106
“ZONING” of the City’s Code of Ordinances
APPLICANT: City of North Lauderdale
Commissioner Hilton moved to read.
Seconded by Vice Mayor Cangemi.
Attorney read:
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AMENDING CHAPTER 106 OF THE CITY’S CODE OF ORDINANCES, ENTITLED “ZONING”;
SPECIFICALLY AMENDING ARTICLE XV, ENTITLED “BUSINESS DISTRICTS” DIVISION 2,
ENTITLED “MASTER BUSINESS LIST” BY AMENDING SECTION 106-467 ENTITLED
“SUPPLEMENTAL REGULATIONS”; PROVIDING FOR FINDINGS AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR
PERMIT REQUIREMENTS; PROVIDING FOR A TIME, PLACE AND MANNER IN WHICH SUCH AUTOMOBILE
DETAILERS MAY OPERATE AS AN ACCESORY USE; PROVIDING AN APPLICATION PROCESS;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Tammy Reed-Holguin, Community Development Director, presented the item. She stated that the City has always been
supportive of the small business community and endeavors to adopt policies and
effectuate changes that will positively affect the commercial and business
sector. To that end, Ms. Reed-Holguin
said that administration is seeking approval to amend Chapter 106 of the zoning
Code of Ordinances to accommodate automobile detailing services as an accessory
use to primary uses with existing automated car washes. She said the attached proposed Ordinance
permits automobile detailing operations as an accessory use to an existing
primary use business with an automated car wash; defines automated car wash and
automobile detailing, and outlines the criteria for the primary use business to
qualify for a permit. Ms. Reed Holguin
indicated that the application must be submitted by the owner of a legally
operating service station with an existing automated car wash and the owner of
the primary business must accept liability and responsibility for the operation
of the detailing service and only one detailing service may be licensed per
primary business, and the location of the service must be approved by the
Community Development Director or her designee according to a submitted site
plan.
Public hearing opened. No one spoke.
Public hearing closed.
Commissioner Frankel moved to adopt.
Seconded by Vice Mayor Cangemi. Mayor Brady commented that due to
the economic situation he hopes this helps create a few jobs.
Clerk polled Commission. All yes.
ORDINANCE ADOPTED UNANIMOUSLY
ON FIRST READING
c.
RESOLUTION - Authorization to Enter Into Negotiations for the Purpose of Executing
An Acceptable Sub-recipient Agreement with Habitat For Humanity, Inc. of
Broward County for the Redevelopment of Abandoned and Foreclosed Properties for
Resale to Very Low Income Households
Commissioner Frankel moved to read. Seconded by Vice Mayor Cangemi.
Attorney read:
A RESOLUTION OF THE CITY OF NORTH
LAUDERDALE, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO NEGOTIATE AND
ENTER INTO AN ACCEPTABLE AGREEMENT WITH HABITAT FOR HUMANITY INC. AS A
SUBRECIPIENT OF NEIGHBORHOOD STABILIZATION FUNDS FOR THE PURCHASE, REHABILITATION,
AND RESALE OF FORECLOSED PROPERTIES WITHIN THE CITY TO ELIGIBLE VERY LOW INCOME
FAMILIES; AND PROVIDING AN EFFECTIVE DATE.
Tammy Reed-Holguin presented the item.
She said the City is receiving 1.9 million dollars in neighborhood
stabilization funds, 25% of which must be used to assist homebuyers who earn
less than 50% in the median income. Ms.
Reed-Holguin commented that Habitat for Humanity is very experienced and
successful in assisting families within this bracket to become homeowners. She stated that they are asking approval to
enter into negotiations with Habitat for Humanity, Inc. for the purpose of
executing an acceptable agreement. Cindy
Hutchinson from Habitat for Humanity, Inc. addressed the Commission and stated
that they are looking forward to working with the City and staff in renovating
homes and putting North Lauderdale residents back into homeownership.
Commissioner Frankel moved to
approve. Seconded by Commissioner
Hilton. Commissioner Moyle asked whose idea this was
and Mayor Brady replied that Habitat called him and he met with them and the
Interim City Manager Bhatty and that this is no cost to the City since it is
funded by Neighborhood Stabilization Funds and will really help the residents.
Commissioner Moyle thanked Mayor Brady for a great idea. Ms. Bhatty thanked him as well.
Clerk polled Commission. All yes.
RESOLUTION NO. 09-09-5488 PASSED AND ADOPTED UNANIMOUSLY
d.
RESOLUTION - VAC 09-01 Vacation of Easement
707 SW 74th Avenue
APPLICANT: Mariela Brandt
Formal request to vacate 10 feet utility
easement, as recorded in Plat Book 71, Page 31, of the Public Records of
Broward County, Florida (BCR), within a Residential Single Family (RS-5) Zoning
District.
Commissioner
Hilton moved to read. Seconded by Vice
Mayor Cangemi.
Attorney
read:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA ABANDONING AND OTHERWISE VACATING THAT CERTAIN 10 FEET UTILITY
EASEMENT LOCATED AT 707 SW 74TH AVENUE,
DEDICATED BY PLAT BOOK 71, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA (BCR) DESCRIBED AS FOLLOWS: THE
SOUTH 63 FEET OF LOT 8 AND THE NORTH 12 FEET OF LOT 9, BLOCK 8 OF LAUDERDALE
NORTH PARK; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE NECESSARY
DOCUMENTS TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Tammy Reed Holguin, presented the item.
She indicated that applicant is requesting a vacation of the 10 foot
utility easement in the rear of the property located at 707 SW 74th
Avenue. She indicated that the applicant, while doing a title search,
discovered that the existing swimming pool was built within the 10 foot utility
easement without the approval of the utility companies involved. Since then, the applicant has received written
approval from the utility companies involved abandoning the 10 foot utility
easement and these approvals are part of the record. Ms. Reed-Holguin said it should be noted that
the adjacent property shares the same utility easement and that 705 SW 74th
Avenue applied for and received a vacation of easement for a swimming pool in
1983. She said the request was reviewed
by the Community Development Director and Public Works Director who concur that
the vacation of the easement will bring the property into compliance and will
not cause injury to adjacent property owners.
It is staff’s recommendation that the City Commission approve the
vacation of the 10 foot utility easement subject to the conditions listed in the
staff memorandum.
Commissioner Frankel moved to
approve. Seconded by Vice Mayor
Cangemi. No Commission discussion. Clerk polled Commission. All yes.
RESOLUTION NO. 09-09-5489 PASSED AND APPROVED UNANIMOUSLY
9.
REPORTS - None
10.
COMMISSION COMMENTS
Commissioner Moyle thanked the City Administration and Staff for putting
together a budget that gives us the ability to continue services for our
residents at the lowest cost possible.
He said he disagrees with the comments heard tonight about wasting money
and believes that the City is very fiscally responsible and the City Commission
and City Administration is not deserving of fiscal bashing. He commended Mayor Brady for the Habitat
connection and said that indicates why he is a great Mayor and appreciates it
very much.
a.
Training Program for Fire Fighters from Jamaica
- Mayor Brady indicated his support of the training program and
donation of equipment. Chief Kevin
Bowman addressed the Commission and stated that about 11 months ago they had a
cadre of Jamaican Firefighters come to the United States and they joined with
North Lauderdale, Margate, Coral Springs and Tamarac and they went through 5
days of intense training in a number of different procedures. He indicated that Deputy Commissioner Earl Mowatt
will be arriving tomorrow to begin some discussion on setting up another
training session for another cadre of firefighters and they are looking forward
to it. He said the people who would be
teaching from our department have committed to doing it off duty so it will not
cost overtime for the City. He said he
would like to use the bus from Parks and Recreation to pick them up from the
airport, and they will be riding along with our firefighters for training and
will possibly take some donations of surplus equipment back with them.
11.
CITY MANAGER COMMENTS
Interim City Manager Bhatty also thanked all the Department Heads, Staff
and especially the Finance Department, and said with the direction of the
Commission in the last few months, it helped to fine tune the budget to a point
where she feels very satisfied with the outcome and knowing that the City is in
good financial standing and that we are here to help the residents in all their
needs.
12.
CITY ATTORNEY COMMENTS
a.
ORDINANCE – Second Reading - Amending
Chapter 94 – “Political Signs”
Commissioner Hilton moved to read.
Seconded by Commissioner Frankel.
Attorney read:
AN
ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 94 OF THE
CITY’S CODE OF ORDINANCES, ENTITLED “SIGNS”; SPECIFICALLY AMENDING SECTION
94-14 ENTITLED “FUNCTIONAL TYPES OF SIGNS AND REGULATIONS THEREFORE”; PROVIDING
FOR CONSISTENCY WITH THE CHAPTERS 97-106, F.S., ALSO KNOWN AS THE FLORIDA
ELECTION CODE; PROVIDING FOR CONSISTENCY WITH FEDERAL COURT DECISIONS GOVERNING
CERTAIN FIRST AMENDMENT RIGHTS RELATED TO POLITICAL SIGNS; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Brady opened Public
hearing. No one spoke. Public hearing closed.
Commissioner Hilton moved to
approve. Seconded by Commissioner
Frankel. No Commission discussion. Clerk polled Commission. All yes.
ORDINANCE NO. 09-09-1225
PASSED AND ADOPTED UNANIMOUSLY ON SECOND READING
13.
ADJOURNMENT – There being no further business the meeting adjourned at 6:45 p.m.
Respectfully submitted,
Patricia Vancheri
Interim City Clerk