CITY OF
COMMISSION MEETING
TUESDAY, OCTOBER 9,
2007
REGULAR MEETING – 5:30
P.M.
MINUTES
The North Lauderdale City Commission met on October 9, 2007 at the Municipal Complex. The meeting convened at 5:30 p.m.
1. INVOCATION AND PLEDGE OF ALLEGIANCE – Mayor Brady
2.
ROLL CALL
Mayor
Vice Mayor
Commissioner
Commissioner John
Cangemi
Commissioner David
Hilton
City Manager Richard
Sala
City Attorney Samuel
Goren
Deputy Clerk Patricia
Vancheri (absent – attending seminar)
3.
MINUTES – August 11, 2007; September
19, 2007 - Commissioner Frankel moved to
approve both sets of minutes as presented.
Seconded by Commissioner Cangemi.
4.
PRESENTATIONS –
a.
Community Spirit Award – Peter Bazos
b.
Certificate of Appreciation to City of
5. PUBLIC DISCUSSION – No one signed up to speak.
6. QUASI-JUDICIAL ITEMS
a. SUBJECT: ZLU
06-01 A – Delegal Plat (
APPLICANT:
United Homes International, Inc.
Ordinance
Second
Land Use Amendment to the City of North
Lauderdale Land Use Map to amend approximately 14.97 gross acres of Industrial Use to Residential Medium
Density (10.1 -16 units/acre) Use.
All interested parties were sworn in by City Attorney Goren. Jerry Knight, representing the applicant waived the quasi judicial hearing. Ms. Reed-Holquin gave a presentation on the matter. Jerry Knight representing the applicant agrees to all stipulation and conditions
Commissioner Frankel
moved to read the ordinance title.
Seconded by Commissioner Hilton.
All yes.
Attorney read:
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AMENDING THE NORTH LAUDERDALE COMPREHENSIVE LAND USE PLAN IN ACCORDANCE WITH CHAPTER 163, SECTION
163.3184 OF THE FLORIDA STATUTES, TO PROVIDE THE CHANGE OF APPROXIMATELY 10.82
NET ACRES (14.97 GROSS ACRES) OF LAND LOCATED IN THE CITY OF NORTH LAUDERDALE,
COUNTY OF BROWARD, STATE OF FLORIDA, TO-WIT: THAT CERTAIN TRACT OF LAND
DESCRIBED AS "A PARCEL “A” OF THE DELEGAL PLAT” AS RECORDED IN PLAT BOOK
155, AT PAGE 28 OF THE PUBLIC RECORDS OF
BROWARD COUNTY FLORIDA, BE CHANGED FROM 14.97 GROSS
acres of INDUSTRIAL (I) TO RESIDENTIAL
MEDIUM DENSITY (10.1-16 DU/A) (R-Md); (THE
ALLOCATION OF FLEXIBILITY OR RESERVE UNITS BY THE CITY IS NOT REQUIRED); PROVIDING
THAT THE OFFICIAL LAND USE MAP OF THE CITY OF NORTH LAUDERDALE SHALL BE AMENDED
TO REFLECT SAID LAND USE CHANGE; DIRECTING STAFF TO TRANSMIT THE AMENDMENT TO
THE LAND USE PLAN TO THE BROWARD COUNTY PLANNING COUNCIL WITH INSTRUCTIONS TO
TRANSMIT CONCURRENTLY TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR LARGE
SCALE REVIEW; PROVIDING FOR CONDITIONS; PROVIDING FOR CONFLICTS; AND, PROVIDING
AN EFFECTIVE DATE.
Public Hearing Opened. No comments. Public Hearing Closed. Commissioner Frankel moved to adopt the ordinance on second reading. Seconded by Commissioner Cangemi.
ORDINANCE
07-10-1194 PASSED AND ADOPTED UNANIMOUSLY.
GUEST:
Mayor welcomed Commissioner Ilene Leiberman. She gave a short presentation about Hurricane Task Force. She said “The County came up with the idea of putting a decal on business windows to let people know that they have generators.”
b. SUBJECT: ZLU 06-02 A -
APPLICANT: Investment at Village Park Inc.
Ordinance
Second
Land Use Amendment to the City of North
Lauderdale land use map to amend approximately 39.786 gross acres of Irregular
8 Residential to Residential Medium Density-RMD (10.1 to 16 du/acre) and
further request to consider amending IRR 8 to Irregular 13.33 (13.33 du/acre)
Residential instead of Residential Medium Density-RMD (10.1 to 16 du/acre) per
ORC report from DCA.
All interested parties were sworn in by City Attorney Goren. Jerry Knight, representing the applicant waived the quasi judicial hearing. Ms. Reed-Holquin gave a presentation on the matter. Jerry Knight representing the applicant agrees to all stipulation and conditions
Commissioner Frankel
moved to read the ordinance title.
Seconded by Commissioner Hilton.
All yes.
Attorney read:
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AMENDING THE NORTH LAUDERDALE COMPREHENSIVE LAND USE PLAN IN ACCORDANCE WITH CHAPTER 163, SECTION
163.3184 OF THE FLORIDA STATUTES, TO PROVIDE THE CHANGE OF APPROXIMATELY 38.688
ACRES OF LAND LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE
OF FLORIDA, TO-WIT: THAT CERTAIN TRACT OF LAND DESCRIBED AS " A PORTION OF THE NORTHWEST ONE QUARTER OF
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST ONE QUARTER; THENCE
ON AN ASSUMED BEARING OF S 89°08’58” E, ALONG THE NORTH LINE OF SAID NORTHWEST
ONE QUARTER, A DISTANCE OF 1320.59 FEET TO THE NORTHEAST CORNER OF THE WEST ONE
HALF OF SAID NORTHWEST ONE QUARTER; THENCE S 01°38’08” E, ALONG THE EAST LINE
OF THE WEST ONE HALF OF SAID NORTHWEST ONE QUARTER, A DISTANCE OF 73.22 FEET TO
THE POINT OF BEGINNING OF THIS DESCRIPTION, SAID POINT BEING ON THE SOUTHERLY
RIGHT OF WAY LINE OF PROSPECT ROAD; THENCE CONTINUE S 01°38’08” E, ALONG THE
LAST DESCRIBED COURSE, A DISTANCE OF 1946.69 FEET; THENCE N 89°59’57” W, A
DISTANCE OF 10.00 FEET; THENCE S 01°38’ 08” E, ALONG A LINE PARALLEL WITH AND
10.00 FEET WEST OF AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF THE WEST ONE
HALF OF SAID NORTHWEST ONE QUARTER, A DISTANCE OF 33.07 FEET; THENCE S
89°55’14” W, A DISTANCE OF 963.95 FEET; THENCE N 01°31’ 38” W, ALONG A LINE
PARALLEL WITH THE WEST LINE OF SAID NORTHWEST ONE QUARTER, A DISTANCE OF
1358.56 FEET; THENCE S 89°08’58” E, ALONG A LINE PARALLEL WITH THE NORTH LINE
OF SAID NORTHWEST ONE QUARTER, A DISTANCE OF 386.30 FEET; THENCE N 01°31’38” W,
ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID NORTHWEST ONE QUARTER, A
DISTANCE OF 636.90 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID
PROSPECT ROAD; THENCE S 89°08’58” E, ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND
A LINE PARALLEL WITH AND 73.15 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE
NORTH LINE OF SAID NORTHWEST ONE QUARTER, A DISTANCE OF 584.43 FEET TO THE
POINT OF BEGINNING. SAID LAND SITUATE,
LYING AND BEING IN
Ms. Holguin asked to revise the title to amend the title as follows: “from irregular 8 residential to irregular 13.33 residential.”
Public Hearing Opened. Public Comments – none. Public Hearing Closed.
Mr. Knight agreed to all stipulations and conditions set forth by Administration, Planning & Zoning Board and City Commission.
Commissioner Frankel made a motion to pass the ordinance as amended on second reading. Seconded by Commissioner Cangemi.
ORDINANCE
07-10-1195 PASSED AND ADOPTED UNANIMOUSLY.
7. CONSENT AGENDA
Mayor Brady asked to remove item 7(b) from the consent agenda. Vice Mayor Moyle moved to read the balance of the consent agenda. Seconded by Commissioner Frankel. All yes.
Attorney Goren read:
a. MOTION -Broadview/Pompano Park 11th Annual Community Bazaar
A motion to approve “The Broadview/Pompano Park 11th Annual Community Bazaar”, to be held on Saturday, December 1, 2007, from 11:00 A.M. to 3:00 P.M. at the Broadview/Pompano Park Community Park subject to the conditions listed in Staff’s memorandum.
ITEM 7(B) REMOVED FROM CONSENT AGENDA:
b.
MOTION - Future Commission Meeting dates
A motion to approve scheduling of future Commission Meetings as follows:
Mayor Brady requested the following changes be made:
i.
Reschedule the
next Commission meeting from Tuesday, October 30th to Thursday, October 25th at
7 p.m.
Mayor out of town on 30th
ii.
Combine two
November Commission meetings to one meeting scheduled for Tuesday, November 13th
at 5:30 p.m., due to the holidays. Mayor Brady requested another meeting be held
on November, 29th 7 p.m. so that the December meeting will not
be too heavy.
iii.
Combine two
December Commission meetings to one meeting scheduled for Tuesday,
December 11th at 5:30 p.m.,
due to the holidays
Commissioner Frankel moved to approve the meeting schedule as amended. Seconded by Commissioner Cangemi. All yes.
MOTION APPROVED
UNANIMOUSLY.
c. RESOLUTION - Ratification of Federation of Public Employees (FPE) Collective Bargaining Agreement
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ACCEPTING AND OTHERWISE AUTHORIZING THE CITY MANAGER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ON BEHALF OF SAID CITY, TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN COLLECTIVELY BARGAINED CONTRACT BETWEEN THE CITY OF NORTH LAUDERDALE AND THE FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES/AFL-CIO, EFFECTIVE UPON RATIFICATION AND SIGNATURE OF THE CITY MANAGER AND REPRESENTATIVE OF THE FEDERATION OF PUBLIC EMPLOYEES, EFFECTIVE OCTOBER 1, 2007 AND SHALL TERMINATE ON SEPTEMBER 30, 2010; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND, PROVIDING AN EFFECTIVE DATE.
RESOLUTION 07-10-5263
Vice Mayor Moyle moved to approve the Consent Agenda as read. Seconded by Commissioner Cangemi. All yes.
CONSENT AGENDA APPROVED UNANIMOUSLY.
8.
OTHER BUSINESS
a. Agreement between City of North Lauderdale and School Board of Broward County for the disposition of North Lauderdale Academy High School (NLAHS) Equipment.
Commissioner Frankel moved to read. Seconded by Vice Mayor Moyle. All yes.
Attorney read:
A RESOLUTION OF THE CITY OF NORTH LAUDERDALE AUTHORIZING THE CITY MANAGER
TO ENTER INTO THE ATTACHED AGREEMENT WITH THE BROWARD COUNTY SCHOOL BOARD FOR
THE DISPOSITION OF NLAHS EQUIPMENT.
Staff presentation by City Manager Sala. Commissioner Frankel then moved to adopt. Seconded by Commissioner Cangemi. All yes.
RESOLUTION 07-10-5264
PASSED AND ADOPTED UNANIMOUSLY.
b.
RESOLUTION
– Opposing
Commissioner Frankel moved to read. Seconded by Commissioner Cangemi. All yes. Attorney read:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF NORTH LAUDERDALE, FLORIDA, OPPOSING FLORIDA HOMETOWN DEMOCRACY’S PROPOSED
AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD FORCE VOTERS TO DECIDE ALL
CHANGES TO A CITY OR COUNTY’S COMPREHENSIVE PLAN; URGING MUNICIPALITIES
THROUGHOUT BROWARD COUNTY AND THE STATE OF FLORIDA, AS WELL AS FLORIDA
ELECTORS, TO OPPOSE FLORIDA HOMETOWN DEMOCRACY’S PROPOSED AMENDMENT TO THE
FLORIDA CONSTITUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Frankel
moved to adopt. Seconded by Commissioner
Cangemi. All yes.
RESOLUTION 07-10-5265 PASSED AND ADOPTED
UNANIMOUSLY.
9.
REPORTS
a. Aquatic
Division Report– (Mike Sargis)
b. Review
of Bus Bench Contract – (
c. Follow
up on trash issues from September 19th City Commission meeting – (
d. Update
on missing street signs – (Lou
Cavallo/
e. “My
Safe Florida Home” Grant – (
f.
Abandoned Property Maintenance issues and
request for direction – (
10.
COMMISSION COMMENTS
Vice Mayor Moyle congratulated the Department Heads and the City Manager
for all of the work that was done on the budget.
Commissioner Cangemi asked if there was any news from Walmart. Mr. Sala said we have not. Commissioner Cangemi asked if we cab get them
here again for an update? Mr. Sala
suggested we invite them in the first week of November. Mayor will write them a letter inviting them
to come. .
11.
CITY MANAGER COMMENTS
a.
Reminder of Haunted
Black Trail: Friday,
October 26th - 7:00 pm to
9:00 pm.
Saturday,
October 27th - 7:00 pm to 9:00 pm
Orange Trail: Wednesday, October
31st – 4:30 pm to 7:00 pm
Motion to reconsider the naming of the
street JB GF
all yes.,
b.
Mr. Sala
advised the Commission that the City has advertised for all open positions.
12.
CITY ATTORNEY COMMENTS
a.
Deputy City Clerk /PIO matters
Commissioner Hilton moved to read both titles. Seconded by Commissioner Frankel. All yes.
Attorney read:
i.
RESOLUTION –Comprehensive Pay and Classification
Plan Amendments
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING THE CITY OF NORTH LAUDERDALE’S COMPREHENSIVE PAY AND CLASSIFICATION PLAN FOR THE FISCAL YEAR 2007/2008, COMMENCING ON OCTOBER 1, 2007; PROVIDING FOR A RECLASSIFICATION OF ONE OF THE DEPUTY CITY CLERK POSITIONS TO DEPUTY CITY CLERK/PUBLIC INFORMATION OFFICER; PROVIDING FOR THE INCLUSION OF THE DEPUTY CITY CLERK/PUBLIC INFORMATION OFFICER POSITION IN THE CITY’S COMPREHENSIVE PAY AND CLASSIFICATION PLAN; PROVIDING FOR A SALARY RANGE FOR THE DEPUTY CITY CLERK/PUBLIC INFORMATION OFFICER POSITION; PROVIDING FOR THE ELIMINATION OF THE PUBLIC INFORMATION OFFICER POSITION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Frankel
moved to adopt. Seconded by Commissioner
Hilton. All yes.
RESOLUTION 07-10-5266
ii.
RESOLUTION – Approving Employment Agreement for
Pamela Donovan as Deputy City Clerk/PIO
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE MAYOR OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ON BEHALF OF THE CITY, TO EXECUTE AND TO OTHERWISE ENTER INTO THE ATTACHED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NORTH LAUDERDALE AND PAMELA DONOVAN, DEPUTY CITY CLERK/PIO; AUTHORIZING THE MAYOR TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION, AND, PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Frankel moved to adopt.
Seconded by Commissioner Cangemi.
All yes.
RESOLUTION 07-10-5267 PASSED
AND ADOPTED UNANIMOUSLY.
.
The City Attorney also briefed
the City Commision/City Administration on the status of the important,
pending Florida Supreme Court Case known as Strand vs.
Under a revised opinion of the Court issued on 9/28/07, a pledge of ad valorem tax revenues, not just the taxing power , is now subject to a referendum requirement. The Court will hope to clarify this distinction as it may apply to cities, counties, special districts, CRA's and School Boards."
13. ADJOURNMENT – 7:21 P.M.
RESPECTFULLY SUBMITTED,
C. MILLI DYER
CITY CLERK EMERITUS