CITY OF NORTH LAUDERDALE

COMMISSION MEETING

TUESDAY, JUNE 19, 2007

WORKSHOP – 5:30 P.M.

REGULAR MEETING – 7:00 P.M.

NORTH LAUDERDALE WATER CONTROL DISTRICT IMMEDIATELY FOLLOWING THE REGULAR MEETING

MINUTES

WORKSHOP MINUTES:

Mayor Jack Brady called the workshop to order at 5:35 p.m. in Chambers “B” at North Lauderdale City Hall.

ROLL CALL:

Mayor Jack Brady

Vice Mayor Rich Moyle

Commissioner Gary Frankel

Commissioner John Cangemi

Commissioner David Hilton

City Manager Richard Sala

City Attorney Mike Cirullo

Deputy Clerk Patricia Vancheri

Proposed Fire/Rescue Budget and Special Assessment and Proposed Water Control District Budget and Special Assessment

Mr. Sala welcomed everyone to the workshop and said the purpose is to discuss some budgetary and housekeeping issues and to bring everyone up to date on the special session in Tallahassee and outline some of the many changes. Mr. Sala and Mr. Raducci gave a power-point presentation which outlined some of the agenda items and gave the Commission an opportunity to ask any questions. Mr. Raducci indicated important dates coming up and to set the time, place and date for public hearing. Mr. Raducci said on July 13 he will be presenting the City’s recommended budget and on July 17, at the Commission meeting he will discuss the budget and will be asking the Commission to adopt the preliminary millage rate and set the date for public hearing for the second meeting in September. He said September 13 will be the first public hearing for the budget process and will ask the Commission to adopt the final Fire/Rescue and Water Control special assessments at that meeting. On September 19, there will be another workshop and the second public hearing asking to adopt the upcoming 2007/2008 budget.

Mr. Raducci went through the general fund and main operating funds of the City and discussed the plan and said it is being achieved. He said he is asking for a total budget amendment of approximately $813,000.00, which includes the transfer of the scholarship funds discussed at the last meeting and the closing of the NLAHS Agency Fund. He said the formal budget amendment of the Firehouse Station Fund to allow them to continue to build the station is $3,150,000.00, bringing the total for the construction budget to approximately 7.8 million dollars. Mr. Sala said the new budget would begin October 1^st and that the old budget is very close to the numbers and he is very confident that there will be a successful budget period for this session. Mr. Sala said that the department heads have worked hard to produce a budget that works; provides services and still maintains the workforce and level of service that North Lauderdale is used to.

Mr. Sala said at the end of the State Legislative session they actually approved two things. One has to do with the statutory component and one has to do with the constitutional component which requires a vote. He said the legislation is going to ask all the cities to roll back to 2006/2007 and only adjust it for new construction. Mr. Sala said further, the city falls into the 9% category for further rollbacks. Mr. Sala said the cap on the annual property tax revenue will not go higher than 4%, plus the new construction. He also outlined the options the State gives to the cities in order to address the rollbacks to avoid a 9% penalty.

It was suggested, after discussion, that something be put in the newsletter, in early January, to educate the residents on the major issues and impact of the January, 2008 vote. In the meantime, Mr. Sala said a strategy will be formulated to make a resolution within the time line set by the legislature. He said in July two resolutions should be prepared; one with the full gambit and one with the proposed rollbacks. Mr. Sala said by the next workshop they should know more about the issues.

Mr. Brian Raducci spoke about the Fire Department doubling in size since 2002, operating two fire stations, seven pieces of equipment, four rescue vehicles, three trucks, 46 personnel and a medical director. Mr. Raducci outlined the budget highlights that he is asking the Commission to adopt. He introduced Mr. Sheets from Government Services Group, the consultant who assisted with the 2004 budget assessment, and who was rehired to give an updated analysis of the allocations of the budget.

Mr. Raducci went on to discuss the Water Control District. He made a reference to last year’s hurricane damage costs which were reimbursed in part by FEMA and the NRCS. Mr. Raducci indicated that some of the money was loaned to the Water Control District from the general fund to cover costs that were not reimbursable. Therefore, he said the inter-company loan from the general fund was built into the assessment. At this time he is not recommending any change to that rate.

There was no further discussion and the meeting was adjourned at 6:45 p.m.

COMMISSION MEETING MINUTES:

Mayor Brady called the meeting to order at 7:00 p.m.

1. INVOCATION AND PLEDGE OF ALLEGIANCE –

Commissioner Hilton gave the invocation.

2. ROLL CALL

Mayor Jack Brady

Vice Mayor Rich Moyle

Commissioner Gary Frankel

Commissioner John Cangemi

Commissioner David Hilton

City Manager Richard Sala

City Attorney Mike Cirullo

Deputy Clerk Patricia Vancheri

3. APPROVAL OF MINUTES:

Workshop – May 29, 2007: Commissioner Frankel moved to approve the minutes as submitted. Commissioner Hilton seconded. All yes.

Regular Meeting – May 29, 2007: Commissioner Cangemi questioned if under “Commission Comments”, whether or not an RFP was requested from Brown & Brown Insurance regarding insurance quotes. Commissioner Frankel replied that yes, in the interest of saving money they would consider an RFP. Mayor Brady concurred that he had allowed him to speak since he was in the audience and would consider a workshop. A motion was made to approve the minutes with this notation by Commissioner Cangemi. Commissioner Frankel seconded the motion. All in favor.

MINUTES APPROVED UNANIMOUSLY.

4. PRESENTATIONS:

a. Proclamation - Parks and Recreation Month – Deputy Clerk Vancheri read the Proclamation. Mayor Brady presented the Proclamation to Parks and Recreation Director, Michael Sargis and thanked him for all the work the department does.

b. Proclamation - National Caribbean Heritage Month – Deputy Clerk read the Proclamation. Commissioner Hilton presented the Proclamation to Patricia Amiel-Young as the representative.

5. PUBLIC DISCUSSION:

Keith Yacano, of 8160 SW 7 Ct., brought up an issue with the Wal-Mart parking lot and a wooden “For Sale” sign that should be moved that is obstructing the road. He also mentioned some ideas for the school building, such as a walk-in clinic.

Patricia Amiel-Young, of 7401 Tam O’Shanter Blvd, wanted to personally thank Mayor Brady for being so accessible and responsible and always responding to residents. She said she supports him openly for all he has done. Mayor Brady responded that Ms. Amiel-Young is his eyes and ears in the community and she loves the city.

6. QUASI-JUDICIAL ITEMS - None

7. ORDINANCES SECOND READING – PUBLIC HEARING ON EACH

a. ORDINANCE: Second Reading – Mid-Year Budget Review (3/31/07) & Budget Amendment

Commissioner Frankel made a motion to read the Ordinance. Commissioner Hilton seconded. All in favor.

Attorney read:

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING ORDINANCE NO. 06-09-1176 BY WHICH THE CITY COMMISSION DID ADOPT THE BUDGET OF THE CITY OF NORTH LAUDERDALE FOR THE 2006/2007 FISCAL YEAR, TO PROVIDE FOR THE RECOGNITION OF THE RECEIPT OF INCREASED REVENUES IN THE TOTAL AMOUNT OF $3,963,334; DESIGNATING THE SOURCES OF THE INCREASED REVENUES; DESIGNATING THE AUTHORIZED EXPENDITURE FOR THE INCREASED REVENUES AS PROVIDED HEREIN; PROVIDING FOR CONFLICTS, SEVERABILITY, AND, PROVIDING FOR AN EFFECTIVE DATE.

Public Hearing opened. No comments. Public Hearing closed. No commission discussion. Commissioner Hilton moved to adopt. Seconded by Commissioner Frankel. All yes.

ORDINANCE NO. 07-06-1189 PASSED AND ADOPTED UNANIMOUSLY.

b. ORDINANCE: Second Reading - Proposed Fee Schedule Revision (Article 1, Section 4 of Appendix F) - To Modify Local Business Tax (Occupational License Fees) and associated processing fees

Commissioner Hilton made a motion to read the Ordinance. Commissioner Frankel seconded. All in favor.

Attorney read:

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING ARTICLE 1, SECTION 4, OF APPENDIX F OF THE CODE OF ORDINANCES OF THE CITY OF NORTH LAUDERDALE, ENTITLED OCCUPATIONAL LICENSE TAX, TO INCREASE BY FIVE PERCENT (5%) OF THE CURRENT RATE STRUCTURE FOR OCCUPATIONAL LICENSES AND INCREASES TO PROCESSING/INSPECTION FEES BASED ON HOURLY SURCHARGE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION; PROVIDING FOR AN EFFECTIVE DATE.

Staff presentation by Tammy Reed-Holguin. She indicated that the Ordinance was approved on first reading on May 29^th, but there were some questions raised at that time and staff generated a memorandum to address some of those questions. She said in summary it was found that the City may not undertake a new equity study which would be required in order to adjust the base rates. She said the commission had asked if we could lower some rates and raise others, other than the uniform amount by 5%. Ms. Reed-Holguin said we only have the opportunity to increase the rates by 5% unless we undertook another equity study which was already done thoroughly back in 1995, but are not authorized to do that unless the Florida Legislature opens up that opportunity. Ms. Reed-Holguin further stated that since the first reading they have met with the Fire Department and the City Attorney’s office and would like to add an occupational use inspection fee, which would be a re-inspection fee. They are recommending a $100.00 re-inspection fee.

Public Hearing opened. No comments. Public Hearing closed. No Commission discussion. Commissioner Frankel made a motion to adopt. Seconded by John Cangemi. All yes.

ORDINANCE NO. 07-06-1190 PASSED AND ADOPTED UNANIMOUSLY

c. ORDINANCE: Second Reading – Amending the City of North Lauderdale Code of Ordinances to reflect appropriate terminology revisions

Commissioner Frankel made a motion to read the Ordinance. Commissioner Hilton seconded. All in favor.

Attorney read:

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA AMENDING THE CITY CODE OF ORDINANCES TO REPLACE ALL REFERENCES TO THE TERM “OCCUPATIONAL LICENSE TAX” WITH “LOCAL BUSINESS TAX” AND ALL REFERENCES TO THE TERM “OCCUPATIONAL LICENSE” WITH “LOCAL BUSINESS TAX RECEIPT” THROUGHOUT THE CITY’S CODE OF ORDINANCES, AND TO SPECIFICALLY AMEND CHAPTER 86 TO BE CONSISTENT WITH STATUTORY LANGUAGE, TO REPLACE ALL REFERENCES IN CHAPTER 86 TO CITY CLERK WITH COMMUNITY DEVELOPMENT DEPARTMENT, AND TO AMEND SECTIONS 86-29 THROUGH 86-32 RELATING TO CONDITIONS, TRANSFERS AND PENALTIES; TO REPLACE ALL REFERENCES TO THE SOUTH FLORIDA BUILDING CODE WITH FLORIDA BUILDING CODE THROUGHOUT THE CITY’S CODE OF ORDINANCES, PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.

Staff presentation by Tammy Reed-Holguin. Ms. Reed-Holguin said that the Ordinance was approved on first reading on May 29, 2007 and she is bringing it back for second reading. She indicated that basically what it does is it adopts what the Florida Statutes have adopted in terms of changing the terminology from “Occupational License Tax” to “Local Business Tax Receipts” and making minor changes to clean up the Code of Ordinances language referring to City Clerk, where it should be Community Development and South Florida Building Code to Florida Building Code. Ms. Reed-Holguin also is asking that some of the recommendations that were made during the equity study process that have been implemented administratively be codified at this point. She also indicated that an inspection fee amendment should be made with regard to changing the fees from $65.00 with a maximum of $260.00 fee per discipline, to a maximum of $325.00 per discipline.

Public Hearing opened. No comments. Public Hearing closed. No Commission discussion. Commissioner Frankel made a motion to adopt with the amendment. Seconded by John Cangemi. All yes.

ORDINANCE NO. 07-06-1191 PASSED AND ADOPTED UNANIMOUSLY

8. CONSENT AGENDA:

City Attorney Mike Cirullo recommended removing item 8 b. from the Consent Agenda. Commissioner Frankel moved to read the rest of the Consent Agenda. Commissioner Cangemi seconded. All in favor.

Attorney read:

a. RESOLUTION: One Year Extension of Community Shuttle Operations Contract with Limousines of South Florida

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER, TO ENTER INTO A 1-YEAR CONTRACT EXTENSION FOR THE OPERATION OF THE NORTH LAUDERDALE COMMUNITY SHUTTLE PROGRAM WITH LIMOUSINES OF SOUTH FLORIDA IN AN AMOUNT NOT TO EXCEED $146,125.00; PROVIDING FOR FUNDING; AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION NO. 07-06-5237

ITEM REMOVED FROM CONSENT AGENDA:

b. RESOLUTION: City of North Lauderdale Municipally owned Affordable Housing Inventory Property

Commissioner Frankel moved to read. Seconded by Commissioner Hilton.

All in favor. Attorney read:

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE, FLORIDA APPROVING AN INVENTORY LIST OF MUNICIPALLY OWNED PROPERTY THAT IS APPROPRIATE FOR USE AS AFFORDABLE HOUSING PURSUANT TO SECTION 166.0451, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

Attorney Cirullo pulled the item from the Consent Agenda in order to give the public an opportunity to speak on the matter. Public hearing opened. No public discussion. Public hearing closed.

Commissioner Hilton made a motion to adopt. Seconded by Commissioner Frankel. All in favor.

RESOLUTION NO. 07-5238 ADOPTED UNANIMOUSLY

c. RESOLUTION: Upgrade of City’s Telephone System

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AN EXPENDITURE OF NOT MORE THAN $50,000 FOR THE PURCHASE OF AN UPGRADED CITY TELEPHONE SYSTEM FROM DIGETEL.NET; PROVIDING FOR FUNDING AND PROVIDING FOR AN EFFECTIVE DATE.

RESOLUTION NO. 07-06-5239

d. RESOLUTION: 2007 Preliminary Fire Assessment

A RESOLUTION OF THE CITY COMMISSION 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; ESTABLISHING THE ESTIMATED RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION NO. 07-06-5240

Vice Mayor Moyle made a motion to adopt the consent agenda as read. Commissioner Frankel seconded the motion. All yes.

CONSENT AGENDA APPROVED UNANIMOUSLY.

9. REPORTS:

a. Natural Disaster-Related Permit Fees – Tammy Reed-Holguin

Tammy Reed-Holguin said with regard to questions raised by the Commission as to the building permit fee increases previously adopted and how the City may assist property owners in the re-building efforts after a natural disaster, she consulted with PMG Consultants to do a research to see how that can be addressed. Ms. Reed-Holguin said the consultants did not find any communities that fund the permits from their own resources, nor was this approach considered feasible due to the fiscal constraints from the State Legislature. She indicated that some other methods to assist homeowners are outlined in the memorandum submitted. She also pointed out that in the Code of Ordinances there is a clause which permits the Community Development Department upon recommendation to grant an exemption on fees based upon emergency, special or unusual conditions that adversely impact the public health, safety and welfare of the City. She said since this is already in the Code, there would be no need for change, but would bring a recommendation to the Commission in the event of an actual disaster or other occurrence for fee waivers or postponement of fees that may be deemed appropriate as outlined.

10. OTHER BUSINESS:

a. A MOTION to approve Commission attendance at the Florida League of Cities Conference scheduled for Thursday, August 16, 2007 through Saturday, August 18, 2007 in Orlando, Florida

Commissioner Cangemi said this would be an important time to attend this conference. Commissioner Hilton, Commissioner Cangemi, Vice-Mayor Moyle and Mayor Brady all said they would like to attend. Vice-Mayor Moyle moved to approve. Seconded by Commissioner Cangemi. Approved by unanimous vote.

11. COMMISSION COMMENTS:

Vice-Mayor Moyle posed a question to Tammy Reed-Holguin regarding yard sale fees. She said yes, the City still charges a $5.00 fee. Vice-Mayor Moyle said that he would like to see the residents take down the signs and get code enforcement to check on the permits. Ms. Reed-Holguin said the code officers do go around on the weekends.

Vice-Mayor Moyle mentioned seeing “smart-card” signs which registers speed, that are solar-powered and he would like our City to look into purchasing some to install in our City. City Manager Sala asked Chief Cavallo to look into it and maybe it could be tried out.

Commissioner Hilton concurred with Mr. Yacano about the Wal-Mart sign mentioned in public discussion and said he too believes the sign to be obstructive and a hazard since many accidents do occur there. Mr. Sala asked Tammy Reed-Holguin to do a tri-angle study and send a letter to ask that it be moved back, depending on the results of the study.

Mayor Brady said he had discussed with Mr. Shields about littering signs and charging a $100.00 fine. Mr. Shields said he would get with the County. Mr. Sala said to bring back the sign options and also have the Police Chief look into the enforcement of it as far as fines and whether or not our Code Enforcement department can enforce it.

12. CITY MANAGER COMMENTS:

a. Wal-Mart Super Center Project – Signage

Mr. Sala mentioned an email that he had received which outlines some of the uses Wal-Mart is proposing and said some of them were not what he expected to see. He said a lot of time was spent in the public hearings and in the developer’s agreement to make sure that didn’t happen. Mr. Sala said he would like District Commissioner Cangemi and Mayor Brady to consider putting a letter together to voice some concerns and opinions on that. He also sought the Commission’s support on a new name for the Wal-Mart Center and suggests “Hampton Pines Crossing” which seems more North Lauderdale oriented and reflects the Park. After discussion Commissioner Cangemi made a motion to submit the letter to Wal-Mart. Commissioner Frankel seconded the motion. All in favor.

Mr. Sala introduced a walk-on item regarding awarding a Contract for a water splash play area at the Jerry Resnick Aquatic Center to continue the second phase of the pool improvements. Commissioner Frankel made a motion to read the resolution. Seconded by Commissioner Hilton. All in favor. Attorney read:

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 AQUATIC TECHNOLOGIES IN AN AMOUNT NOT TO EXCEED $18,300.00 FOR THE ENGINEERING SERVICES FOR THE JERRY RESNICK AQUATIC CENTER WATER SPLASH PLAY AREA; AND PROVIDING AN EFFECTIVE DATE.

A motion to approve was made by Commissioner Frankel. Seconded by Commissioner Hilton. All in favor.

RESOLUTION NO. 07-06-5241 APPROVED UNANIMOUSLY.

13. CITY ATTORNEY COMMENTS - None

14. ADJOURNMENT: Meeting adjourned at 7:40 p.m.

Respectfully submitted,

Patricia Vancheri

Deputy City Clerk