CITY OF NORTH LAUDERDALE

COMMISSION MEETING

 

JANUARY 27, 2009

REGULAR MEETING –7:00 pm

 

MINUTES

 

The North Lauderdale City Commission met on Tuesday, January 27, 2009 at the Municipal Complex.  The meeting convened at 7:05 p.m.

 

 

1.                  INVOCATION AND PLEDGE OF ALLEGIANCE –Commissioner Frankel gave the invocation.

 

2.                  ROLL CALL

 

            Mayor Jack Brady

            Vice Mayor John R. Cangemi

            Commissioner Gary Frankel

            Commissioner Rich Moyle

            Commissioner David G. Hilton

            City Manager Richard D. Sala

            City Attorney Samuel S. Goren  Jacob Horowitz

            Interim City Clerk Patricia Vancheri

 

3.                  APPROVAL OF MINUTES

 

a.      March 27, 2008 – Commissioner Frankel moved to approve the minutes as submitted.  Seconded by Vice Mayor Cangemi.  All in favor.

b.      January 13, 2009 – Vice Mayor Cangemi moved to approve the minutes as submitted.  Seconded by Commissioner Frankel.  All in favor.

 

4.                  PUBLIC DISCUSSION

 

Dan Reisig, SW 6th Court – Mr. Reisig addressed the Commission with concerns about the late fees and disconnect fees associated with the utility bills and asked that he be granted extensions on his bill.  He spoke about the mortgage crisis and how it is affecting residents.  He suggested the Commission look into changing the way the fees are scheduled.  Mayor Brady referred Mr. Reisig to Finance to discuss the issue.  He also suggested looking at the ordinance again regarding disconnect fees, if they are not disconnected. Commissioner Moyle asked if we are able to waive disconnect fees.  Attorney Horowitz responded by saying that the fees are as set in the Code and it is a questionable precedent if the Commission wants to start considering waiving fees.  Commissioner Hilton said if they are not actually disconnected, they shouldn’t be charged that disconnect fee.  City Manager Sala said they will look into it and if it cannot be resolved, it will be brought back as an agenda item.

 

5.                  QUASI-JUDICIAL ITEMS

 

Attorney Horowitz asked all those wishing to speak on these items be sworn in.

 

a.      SPECIAL EXCEPTION USE     SEU 04-10

NAME OF APPLICANT:           El Shaddai Pentecostal Holiness Church Inc

PROJECT NAME:                      El Shaddai Pentecostal Holiness Church

PROJECT LOCATION:             Jefferson Square Plaza

6041 Kimberly Boulevard, Suite E, F & G

PROJECT DESCRIPTION:       Special Exception Use request to permit a church in a Community Business District (B-2)

 

Community Development Director, Tammy Reed-Holguin, presented the item.  She indicated that in accordance with Section 106-468 of the Master Business List a church requires a special exception use permit when located in a business district.  Ms. Reed-Holguin provided in the backup a letter of intent from the applicant to operate the church.  She said the City Commission approved modifications to the zoning code to allow CF uses that do not exceed 20% of the total square footage of a commercial plaza.  She said approval of this 3,000 square feet for the church will bring the total of CF use to 10.75% of the square footage of the Plaza.  Ms. Reed-Holguin said in light of the Code they have reviewed this request and determined that a church is a compatible use at this location. They have looked at the economic impact of the church and the traffic analysis, and met with the Planning & Zoning Board on January 6th and at that public hearing, the board and staff adopted a motion to recommend approval to the City Commission.  Ms. Reed-Holguin further said the City Administration recommends that the Commission make a motion to approve the special exception use permit subject to the six conditions listed in the memorandum.

 

Public Hearing opened.  No one spoke.  Public hearing closed.

 

Commissioner Moyle moved to approve the proposed special exception use permit to operate a church in a Community Business (B-2) zoning district.  Seconded by Vice Mayor Cangemi.

 

Mr. Sala commented that no one was here to represent the applicant and agree to the conditions.  Attorney Horowitz advised that the item can be deferred and re-advertised, or the Commission could choose not to approve the SEU, or if approved the applicant would be bound by the conditions and if they did not comply with the conditions, they would be in violation of the SEU.

 

Ms. Reed-Holguin said that they would have to sign a SEU Permit agreeing to the conditions which would bind them.  Further she said the conditions are the same as presented at the Planning & Zoning Board meeting which was agreed to by the applicant.  Ms. Reed-Holguin recommended moving forward contingent upon the applicant signing the SEU permit.

 

Clerk polled Commission.  All yes.

 

MOTION APPROVED UNANIMOUSLY

 

 

b.      SPECIAL EXCEPTION USE     SEU 08-05

NAME OF APPLICANT:            Igelesia Pentecostal Unida Latino Americana

PROJECT NAME:                      Igelesia Pentecostal Unida Latino Americana

PROJECT LOCATION:             Jefferson Square Plaza

6043 Kimberly Boulevard, Suite A & B

PROJECT DESCRIPTION:       Special Exception Use request to permit a church in a Community Business District (B-2)

 

Community Development Director, Tammy Reed-Holguin, presented the item.  She indicated that in accordance with Section 106-468 of the Master Business List a church requires a special exception use permit when located in a business district.  Ms. Reed-Holguin indicated that this particular church will be occupying 2,000 square feet of space which will bring the total of CF use in Jefferson Square Plaza to 14.35%, which is still less that the 20% allowed by our Code.  They have reviewed this request in light of the economic impact, the traffic and parking analysis and presented it to the Planning & Zoning Board on January 6, 2009.  After public hearing and review by the board and staff, they adopted a motion to recommend approval of the proposed SEU to the City Commission.  Ms. Reed-Holguin stated that the City Administration recommends approval of the special exception use permit subject to the six conditions listed in the memorandum.

 

Public Hearing opened.  No one spoke.  Public hearing closed.

 

Commissioner Moyle moved to approve the proposed special exception use permit to operate a church in a Community Business (B-2) zoning district.  Seconded by Commissioner Frankel.  No Commission discussion.  Clerk polled Commission.  All yes.

 

MOTION APPROVED UNANIMOUSLY

 

 

6.                  CONSENT AGENDA

 

Mayor Brady requested Item 6(b) be pulled from the consent agenda.  Commissioner Frankel made a motion to read the remainder of the consent agenda.  Commissioner Hilton seconded.

Attorney read:

 

a.      RESOLUTION - 3rd Amendment – Extension of Public Transportation Services Agreement between Broward County and the City of North Lauderdale for the operation of City’s Community Shuttle Program.

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER, TO ENTER INTO THE 3RD AMENDMENT TO THE PUBLIC TRANSPORTATION SERVICES AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF NORTH LAUDERDALE TO EXTEND THE COMMUNITY SHUTTLE BUS OPERATION UNTIL APRIL 29, 2009; PROVIDING FOR FUNDING; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO.  09-01-5394

 

 

 

Text Box: This item was pulled from Consent Agenda: b. RESOLUTION –2009 North Lauderdale Days A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ESTABLISHING MAY 1ST AND MAY 2ND AS NORTH LAUDERDALE DAY (S) FOR THE YEAR 2009 IN THE CITY OF NORTH LAUDERDALE; PROVIDING FOR COMPLIANCE WITH THE TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 81-3-409 WHICH DID CREATE AND ESTABLISH “NORTH LAUDERDALE DAY” AS A DAY TO OCCUR AS A FESTIVE EVENT AND CELEBRATION OF THE CITY OF NORTH LAUDERDALE; AND PROVIDING AN EFFECTIVE DATE. Mayor Brady pulled the item to discuss the savings of $22,000.00 on the event. Mr. Sargis replied that the savings are more and stated that the budgeted amount last year was $58,000.00 and they only spent $36,000.00. He said the Commission only approved $18,000.00 this year, and in reality, the savings is $40,000.00 over what had been approved in past years. Mayor Brady said he wanted to commend Mr. Sargis on the cutback. RESOLUTION NO. 09-01-5395

c.       RESOLUTION - Change in Signatories – State Board of Administration

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL STATE BOARD OF ADMINISTRATION, LOCAL GOVERNMENT SURPLUS FUNDS INVESTMENT POOL ACCOUNTS AS SET FORTH ON THE INVESTMENT POOL SYSTEMS INPUT DOCUMENT FORM, AND, PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO.  09-01-5396

 

 

d.      RESOLUTION - Change in Signatories – Bank of New York Safekeeping Account

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL BANK OF NEW YORK ACCOUNTS AS SET FORTH ON THE CERTIFICATE OF AUTHORIZED PERSONS, AND, PROVIDING AN EFFECTIVE DATE

 

RESOLUTION NO.  09-01-5397

 

e.      RESOLUTION - Change in Signatories – SunTrust Bank

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL SUNTRUST ACCOUNTS AS SET FORTH ON THE DEPOSIT ACCOUNT RESOLUTION AND AUTHORIZATION FOR BUSINESS ENTITIES, THE BUSINESS ACCOUNT SIGNATURE CARD, AND SCHEDULE A TO FUNDS TRANSFER AGREEMENT, AND, PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO.  09-01-5398

 

f.        RESOLUTION - Update Access List of the Information Technology Safe Deposit Box

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR THE INFORMATION TECHNOLOGY SUNTRUST SAFETY DEPOSIT BOX ACCOUNT AND THE SAFETY DEPOSIT BOX ACCOUNT SIGNATURE CARD, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO.  09-01-5399

 

 

g.      RESOLUTIONS – Hampton Pines Park -RFQ - 08-10-300

 

                                            i.            RESOLUTION – Accepting Ranking of Top Firm

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ACCEPTING THE RANKINGS OF THE EVALUATION COMMITTEE FOR THE HAMPTON PINES PARK PROJECT RANKING RECREATIONAL DESIGN CONSTRUCTION AS THE TOP RANKED FIRM AND THE MOST RESPONSIBLE, RESPONSIVE BIDDER; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO.  09-01-5400

 

 

                                          ii.            RESOLUTION – Authorizing Negotiation for Agreement with Top Firm

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH RECREATIONAL DESIGN & CONSTRUCTION, FOR DESIGN-BUILD SERVICES FOR CONSTRUCTION OF THE HAMPTON PINES PARK PROJECT; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO.  09-01-5401

 

Commissioner Hilton made a motion to approve the Consent Agenda as read.  Seconded by Commissioner Frankel.  All in favor.

 

Commissioner Hilton made a motion to read Item 6(b).  Seconded by Commissioner Frankel.  Attorney read title.  Commission discussion.  Commissioner Frankel moved to approve Item 6(b).  Vice Mayor Cangemi seconded.  All in favor.

 

CONSENT AGENDA APPROVED UNANIMOUSLY

 

 

7.                  OTHER BUSINESS

 

a.      ORDINANCE – First Reading - City of North Lauderdale Redistricting      

 

Commissioner Frankel made a motion to read.  Seconded by Commissioner Hilton.

Attorney read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, PROVIDING FOR THE RE-CREATION AND RE-ESTABLISHMENT OF THE GEOGRAPHIC BOUNDARIES FOR FOUR (4) ELECTION DISTRICTS IN THE CITY OF NORTH LAUDERDALE IN ACCORDANCE WITH SECTION 3.2 OF THE CITY CHARTER; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 04-06-1118; PROVIDING FOR FINDINGS AND CONCLUSIONS OF THE CITY COMMISSION; PROVIDING FOR THE IMPLEMENTATION OF REVISED ELECTION DISTRICTS TO BE EFFECTIVE FOR THE ELECTIONS TO BE HELD IN THE CITY OF NORTH LAUDERDALE, FLORIDA COMMENCING AT THE GENERAL MUNICIPAL ELECTION IN NOVEMBER, 2009, AND THEREAFTER; PROVIDING A FORM OF REQUEST TO THE SUPERVISOR OF ELECTIONS OF BROWARD COUNTY, FLORIDA, TO IMPLEMENT THE REVISED PLAN ESTABLISHED PURSUANT TO THIS RE-DISTRICTING ORDINANCE AND TO CREATE FUNCTIONAL DISTRICTS CONSISTENT WITH THE IDENTIFICATION OF GEOGRAPHIC BOUNDARIES FOR ELECTION DISTRICTS; PROVIDING FOR THE ATTACHMENT OF ELECTION DISTRICT MAPS, CHARTS AND STREET ADDRESS DESCRIPTIONS, WHICH SHALL BE ATTACHED TO AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR AUTHORIZATION AND DIRECTION TO THE CITY MANAGER TO IMPLEMENT THE TERMS, CONDITIONS AND PROVISIONS OF THIS ORDINANCE TO BE EFFECTIVE FOR THE NEXT ENSUING GENERAL MUNICIPAL ELECTION OF NOVEMBER 2009; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Ronald Schultz, Ph.D. addressed the Commission and stated that he is the consultant working on configuring the new districts as presented at the last meeting and would answer any questions.  The Commission discussed the alternatives.  Commissioner Moyle chose alternative #2 and said it makes the most sense. 

 

Commissioner Moyle made a motion to approve Alternative #2.  Vice Mayor Cangemi seconded the motion.  All in favor.

 

City Attorney Horowitz stated that the adopted alternative would be incorporated into the Ordinance on second reading.

 

 

8.                  REPORTS

 

a.      Neighborhood Improvement Program – Proposed Purchase Incentives

 

Kevin Pierson, the Neighborhood Improvement Coordinator, gave a Power Point presentation update.  He stated that currently there are 208 foreclosed properties and 543 in pre-foreclosure.  Mr. Pierson gave a breakdown of the foreclosures per quarter for 2008, and said that 9% of the properties within the city were financially distressed, but the good news is that days on the market number is going down.  Currently there are 646 properties for sale; there have been 86 sales in the last few months and 51 pending sales, and the average list price is $154,000.00, however the sales price is $102,000.00.  Mr. Pierson said in the current market a house listed at $350,000.00 is actually selling for $225,000.00.  Mr. Pierson outlined the top real estate owned holders in the City, gave market updates and said Freddie Mac and Fannie Mae extended their foreclosure moratorium and are working with condos on reserve requirements.  Further he outlined future events affecting the situation, such as legislation and the upcoming American Recovery and Reinvestment Act.  Mr. Pierson said there may be upcoming programs that the City can get funds from. He outlined the NIP proactive actions the City is taking and advised of the vacancy registration numbers of 106 which is about a 40% compliance rate out of about 200 vacancies, and spoke about pre-foreclosure seminars.  Also, Mr. Pierson updated on the mailbox situation at Silver Lakes. Mr. Pierson went on to outline the effects and assistance provided by contacting 520 people with foreclosure assistance; Adopt a Street participation; helping elderly with repairs; minimizing maintenance costs; participating in foreclosure seminars; enforcing vacancy registration and assisting persons with rental relocation.  Mr. Pierson discussed benchmarks and Neighborhood Improvement Program initiatives such as bringing back the neighborhood beautification program and Community Justice Program participation in neighborhood clean-up. Vice Mayor Cangemi commented on the HOA costs incurred by condo residents who have to pick up the difference on association fees because of foreclosures and abandoned property.  Mr. Sala thanked Mr. Pierson for the presentation.

 

Tammy Reed-Holguin, reviewed another program that they have been working on, which was brought to their attention by Commissioner Moyle, that they are calling the “Home Buyer Incentive Program”.  She said there are a lot of properties and the goal is to get new homeowners occupied in them and maintaining them and making them viable properties.  Ms. Reed-Holguin said the incentive is that if someone purchases a property that was in foreclosure owned by an REO, the City would reimburse them up to $400.00 of their property taxes on that property. She said they are proposing this for individuals who actually occupy the homes and also for investors.  For investors, it would be $400.00 on the first property bought, and on the second it would be 50% of that amount and third would be 25%, for a maximum of three properties if an investor were to purchase more than one property.  This incentive would only apply to the first purchase that gets the property out of foreclosure and Ms. Reed-Holguin said this would differentiate North Lauderdale from some of the other cities. She said they talked about waiting three months before providing the incentive to insure that the person is occupying the home and has corrected any code violations and is maintaining the property.  Ms. Reed-Holguin said they estimated that it would cost the City around $20,000.00 if they offered the incentive to 50 homes in the first year at a maximum of $400.00, and they currently have funds available in the Community Development budget for neighborhood improvement and home repair program to get this started and get information out.  They also will be looking at the Neighborhood Stabilization Program to see if this would be an eligible expense through that program once the funding is received sometime in March. Ms. Reed-Holguin proposes to do this incentive for up to two years depending on the market forces and the need for the program.  She indicated that they would like feed-back from the Commission regarding a program of this type.  Commissioner Frankel said it is a very good idea as a tax abatement against real estate taxes for a year, much like what was offered years ago during a real estate slump when the government offered a 5% tax credit for buying a new home to spur the building industry.  He said this would be a good incentive for buyers wanting to purchase in this city.

 

 

b.      Update on water main break of December 2008

 

Mike Shields, Public Works, reported that there was a major water break at 81st Avenue and the consequence is that they have billed the responsible party, but also had to pay out approximately $17,000.00 to a hired contractor, which City Manager had declared as an emergency.  He said he is reporting this since it was over the $10,000.00 threshold for Commission approval for expenditures.  Mr. Shields said there were two main breaks in less that 30 days.  Also, he said they are looking to recuperate the money.

 

 

9.                  COMMISSION COMMENTS

 

Vice Mayor Cangemi commented on the Broward County Commission’s proposed restrictions on persons under the age of 21 to enter into an establishment which serves alcoholic beverages.  He said this would hurt any business in our City that wishes to serve beer and wine.    Commissioner Moyle said he also read it and believes they intend to restrict from a bar area, but also questioned the intent.  Attorney Horowitz said they will look into it to see what the motivation is and who is proposing it at the County level and report back at the next Commission meeting.

 

Further, Vice Mayor Cangemi suggested getting the City Attorney to look into purchasing land, on the site that is the land where the funeral home was proposed to be, and that it might be worth the City negotiating for.

 

Commissioner Moyle gave a report on his visit to Ellen Bogdonoff’s office with lobbyist, David Sigerson, and stated that she liked the idea of the law enforcement assessment and is referring it to the Finance committee on the State legislature and to the House of Representatives.  He said it was a positive meeting and that she requested getting to know everyone on the Commission. 

 

Mayor Brady passed the gavel and made a motion to defer the payment and expenditure of funds affecting additional amenities and related items of the Wyland Wall project pending further review of the City budget matters through November, and revisit expenditures or deferment at that time.   Commissioner Frankel seconded the motion.

 

Commissioner Moyle stated that the money was already there as a result of the interest from the wall project and he is personally in favor of the project.  He said he doesn’t know why they would want to defer it when the taxpayers are not paying for this.  City Manager Sala said that the Commission approved using the interest, not a bond and not general funds.  Attorney Horowitz said there are variables that may come into play as far as moving forward and there may be a contract in place for certain work that needs to be done.  He said rather than taking action on the item tonight to defer, he recommended adding this item to the next agenda to give a little more time to evaluate the implications to make sure there are no contractual issues or financial ramifications of putting the project off until November or some later date.  Further, he said it is ultimately the Commission’s decision.  Vice Mayor Cangemi agreed with Commissioner Moyle regarding the project.  Attorney Horowitz advised the Commission that they could either move to bring back or take action on the motion on the floor.

 

Clerk polled Commission on Mayor Brady’s motion:

            Commissioner Moyle            No

Commissioner Hilton No

Vice Mayor Cangemi            No

Mayor Brady                         Yes

Commissioner Frankel          Yes

 

MOTION FAILED ON A 3-2 VOTE

 

10.              CITY MANAGER COMMENTS

 

a.      Legislative Workshop – Tuesday, February 24, 2009 at 5:30 p.m. before regular Commission Meeting or Friday, March 6, 2009 at 4:00 p.m.

 

City Manager Sala offered two dates to choose from for a workshop to prepare for the legislative issues for the sessions in Tallahassee.  Commission consensus was March 6th, 2009 at 4:00 pm. 

 

 

11.              CITY ATTORNEY COMMENTS

 

a.      RESOLUTION - Special Magistrate Contract

 

Attorney Horowitz read title, which was amended to read as follows:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY AND WEISS, SEROTA, HELFMAN, PASTORIZA, COLE & BONISKE, P.L, TO PROVIDE SPECIAL MAGISTRATE SERVICES TO THE CITY, ATTACHED HERETO AS EXHIBIT “A” AND INCORPORATED HEREIN; DIRECTING THE APPROPRIATE CITY OFFICIALS TO TAKE ANY AND ALL STEPS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Attorney Horowitz commented that the small change to the title was that the resolution and contract are both with the law firm and Attorney Alan Gabriel will be the designee to serve as one of the City’s special magistrates.

 

Commissioner Hilton made a motion to approve.  Seconded by Commissioner Frankel.  All yes.

 

RESOLUTION NO.  09-01-5402  PASSED AND ADOPTED UNANIMOUSLY

 

 

12.              ADJOURNMENT – There being no further discussion, the meeting adjourned at approximately 8:25 p.m.

 

Respectfully submitted,

 

 

 

Patricia Vancheri

Interim City Clerk