CITY OF NORTH LAUDERDALE

 

REGULAR COMMISSION MEETING – 7:00 P.M.

 

THURSDAY, NOVEMBER 29, 2007

 

MINUTES

 

The North Lauderdale City Commission met on November 29, 2007 at the Municipal Complex.  The meeting convened at 7:00 p.m.

 

1.                  INVOCATION AND PLEDGE OF ALLEGIANCE –  Vice Mayor Moyle gave the invocation.

 

2.                  ROLL CALL – ALL PRESENT.

Mayor Jack Brady

Vice Mayor Rich Moyle

Commissioner Gary Frankel

Commissioner John R. Cangemi

Commissioner David G. Hilton

City Manager Richard D. Sala

City Attorney Samuel Goren

Acting City Clerk Patricia Vancheri

 

3.                  APPROVAL OF MINUTES

 

a.      November 13, 2007 - Commissioner Frankel moved to approve the minutes as submitted.  Seconded by Commissioner Hilton.  All in favor. 

 

4.                  PUBLIC DISCUSSION

 

Terri McGurr, 1217 Stardust – Mr. McGurr said he has lived in the city for 15 years.  He spoke about the Charter School and the foreclosure issue.  He thanked Mr. Frankel for having his heart in the City and his diligence for being involved.  He referred to an article in the Sun-Sentinel about the creation of a staff position to assist homeowners with the foreclosures and abandoned properties.  Mr. McGurr spoke about his involvement in evictions in many cities since Hurricane Andrew and said this issue is a business issue, not an emotional one.  Mr. McGurr voiced his opinion on not helping residents avoid foreclosure and also said there must be stricter code enforcement.

 

Roberto Torres, 7709 SW 7 Court – Mr. Torres said he is in the lending business and is a real estate professional and has high ethics.  Mr. Torres spoke on the same foreclosure issue and said there are other ways to deal with the foreclosure problems.  He said he is currently assisting 183 property owners who are in foreclosure.  Mr. Torres gave some examples and provided backup information on strategy to stop foreclosures.  Also he provided documents reflecting current foreclosures in the area.  Mr. Torres explained how he is negotiating with lenders to avoid foreclosures and assist people so that they don’t lose money in their properties.

 

Mark Anthony Wallace, resides in Sunrise, - He addressed the Commission and said he was doing a project for South Broward High School and needed certification of his presence at the Commission meeting.

 

Dana Sicolo, 6911 SW 17 St. – Ms. Sicolo addressed the Commission and gave them a copy of a letter she had mailed to them.  She spoke about an incident involving an attack by a pit bull on her and her dog.  The dog required three hours of surgery and she sustained injuries requiring paramedics responding to her house and a trip to the emergency room.  She spoke about the lack of insurance to cover her medical bills and said that animal control had been called out to quarantine the animals.  Ms. Sicolo said because of the pit bull problems she feels her right to walk outside of her home is being violated because of fear that these animals will attack again, because of the negligence of the dog owners. Ms. Sicolo asked about how to get pit bulls banned from the county or the City of North Lauderdale as this is a big issue and everyday there are pit bull attacks.   Attorney Goren advised that Representative Perry Thurston of Broward County, filed a local bill for the legislative session in 2008, to allow by legislation, local government to regulate breed specific regulations for certain types of dogs.  Mr. Goren mentioned that under State Statute right now you cannot be breed specific in keeping of animals, except for cities that had a bill before 1985, like Miami, and he also said the City of Tamarac has an anti-pit bull regulation because they had a bill before 1985.  Further, he said, over the past five years there have been several attempts to adopt legislation which would be breed specific and the bills have all failed.  Mr. Goren said the bill filed by Representative Thurston appears to be somewhat different and may have some traction.  Mr. Goren pointed out that this City Commission has limited rights and BSO has limitations on what it can do to regulate a breed of dog with regard to outlawing them.  Mr. Goren said to follow the bill and he will communicate with BSO and Code Enforcement to assist the best he can, but there are limited rights that the city can execute. Ms. Sicolo said she understands the Statute, but the bottom line is the negligence of the owner of the dogs who keep their door open.  Mr. Goren referred Ms. Sicolo to Chief Cavallo and the Code Enforcement Director to assist where they can, and suggested giving local support to Representative Thurston and also Governor Crist, on the State level, who is also interested in this issue.

 

 

5.                  QUASI-JUDICIAL ITEMS

 

Attorney Goren advised that Item 5 (a), (b), (c) (d) and Item 8 (b) are related to one application and to serve the interests of the public and the Commission better, to conduct one public hearing on each of the items at one time, then consider each item on a separate basis and allow him to read into the record those titles that affect each of the items before the Commission and allow staff to elaborate on a collective basis.  Mr. Goren indicated that the applicant was present for sworn testimony.

 

Attorney Goren read titles of items 5(a)(b)(c)(d) and 8(b) and swore in the staff , applicants and public who were present to speak on the items.  He advised that all documents, materials or records that were considered by City staff relating to this application are provided as part of the record and any additional data provided by staff or the applicant can be added to the record.

 

Granada Related Items:

 

a.      SUBJECT:           ZLU 07-01B Granada (Delegal Plat)

State Road 7 & McNab Road Extension

 

Zoning amendment to the City of North Lauderdale Zoning Map to rezone approximately 14.97 +/ - gross acres of Industrial (M-1) District to Planned Unit Development (PUD) District.

 

APPLICANT:       Altman Development Corporation

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, REZONING 14.97 GROSS ACRES MORE OR LESS OF LAND LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, TO WIT:  PARCEL “A”, DELEGAL PLAT, (APPROXIMATELY 14.97 GROSS ACRES) ACCORDING TO THE PLAT THEROF AS RECORDED IN PLAT BOOK 155, PAGE 28 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED IN SECTION 1 BELOW FROM ZONING CLASSIFICATION OF INDUSTRIAL (M-1) DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD); PROVIDING THAT THE OFFICIAL ZONING MAP OF THE C1TY OF NORTH LAUDERDALE SHALL BE AMENDED TO REFLECT SAID REZONING; PROVIDING FOR CONFLICTS: AND, PROVIDING AN EFFECTIVE DATE.

 

Tammy Reed-Holguin, Community Development Director, presented the items to Commission.  Ms. Reed-Holguin said this is the Granada Development being proposed by United Homes and Altman Development Corporation.  She said the property is currently zoned as industrial and one of the items is for rezoning to planned unit development, which will coincide with the land use amendment that the City Commission has previously approved, and found in compliance with the Department of Community Affairs.  Notice of Intent to find it in compliance has been posted by the DCA and that will expire within the next month.  Ms. Reed-Holguin went on to explain the planned use of the property and the proposed development and indicated the traffic flow and parking information.  She referred to visual plans provided.  The applicant is also requesting a variance for the parking.  Ms. Reed Holguin further pointed out the proposed amenities of the gated community.  She indicated that a variance for the front setback of the property is also being requested along State Road 7 to be decreased which will allow the buildings to be pushed back away from the McNab Road extension.  Ms. Reed-Holguin indicated that during this process, the Development Review Committee had several comments and most have been addressed.  There are some items still pending which is why they are asking for conditional approval of the preliminary site plan.  They are working on the wall and fence, the landscape buffer and will come back later with a site plan for the commercial piece.  Ms. Reed-Holguin said right now they are proposing a buffer between the residential and the commercial property and they are requesting that the buffer be built at this time.  Also, they will be finalizing a welcome tower for the property and will be finalizing the signage for the project.  Ms. Reed-Holguin indicated that the Developer’s Agreement is before the Commission tonight for first reading.  She commented that the Planning and Zoning Board has recommended approval of these items and is requesting consideration tonight.

 

Mr. Jerry Knight, the attorney for applicants; Mr. Robert Hall, representing Altman Development; Mr. Tony Mijares, representing United Homes, and the engineer, Tony Quevido from HSQ Engineering were present to address the Commission. 

 

Mr. Knight indicated that the rezoning would be consistent with the land use plan amendment, previously adopted, changing the property from industrial to residential.  City Manager Sala said originally when they approved the land use plan it was proposed for units for sale and asked Mr. Knight to explain why there has been a change to rental units and the criteria that caused the change.  Mr. Knight indicated that the plan started a couple years ago as a condo project, but the economy has deteriorated the market for that, but the rental market is still strong and this is for upscale rental units.  Mr. Mijares expounded on the question and said they went back to the drawing board and attempted to bring companies who do industrial business parks to the table to build the project but couldn’t find any, so wanted to do something with this property for the betterment of the community.  He said with the rental property, one day down the road, if and when the market changes, it might be convertible to condos.  Mr. Knight said the concept hasn’t changed, it is still a mixed use residential multi-family development with a commercial component.

 

Tony Quevido, HSQ Engineering, presented the site plan and indicated some of the unique features that made it difficult to plan.  He said they really looked at what would fit this site.  He explained the set back requirements; the buffer and landscaping and the decorative wall and fence. Also explained was the traffic access for the residential and commercial property; the number of buildings and units proposed; the entrance tower and the aesthetics of the property. He said they shifted the buildings toward State Road 7 basically because of the different elevations of the property. Mr. Quevido explained about the lake area and retention area and said they enlarged an area the residents could use during the non-rainy season for playground.

 

Mayor Brady opened Public hearing.  No one spoke from the Public.  Public hearing closed.

 

Commissioner Frankel made a motion to approve Item 5 (a) on first reading on the re-zoning.  Seconded by Commissioner Cangemi.  All yes.

 

ORDINANCE PASSED UNANIMOUSLY ON FIRST READING

 

 

 

b.      SUBJECT:           VAR- 07-01    Granada (Delegal Plat)

State Road 7 and McNab Road Extension

 

To grant various variances from the City of North Lauderdale Code of Ordinances to facilitate the development of Granada, a mixed-use project consisting of residential and commercial components.

 

APPLICANT:       Altman Development Corp.

 

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND GRANTING A VARIANCE FROM THE NORTH LAUDERDALE CODE OF ORDINANCES, TO PERMIT THE 26.8 FEET SETBACK ON THE WEST SIDE OF BUILDING NUMBER 3 AND 5 ABUTTING THE TRAFFICWAY ON STATE ROAD 7, AS OPPOSED TO THE 50 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION 106-350 (c)(4); TO PERMIT 28% OPEN SPACE OF THE GROSS SITE AREA, AS OPPOSED TO THE 35%  OF THE GROSS SITE AREA REQUIREMENT ALLOWED BY THE SUBJECT SECTION 106-350 (k); TO PERMIT 414 PARKING SPACES, AS OPPOSED TO THE 508 PARKING SPACES REQUIREMENT ALLOWED BY THE SUBJECT SECTION 106-223 (a) (3); NORTH LAUDERDALE, FLORIDA; PROVIDING FOR STIPULATIONS AND CONDITIONS; PROVIDING THAT PROVISIONS NOT VARIED BY THIS ORDINANCE REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

 

 

Attorney Goren commented that the second item was the variance which has been read into the record regarding multiple variances on the plat.

 

Mr. Knight remarked that Tammy Reed-Holguin covered the variances in the initial presentation and he touched briefly on the set back variance along State Road 7 and said they are requesting it because of the unique configuration of the site and the location of the McNab Road overpass and the Turnpike. Further, Mr. Knight said the next request is to reduce the area of the open space because they are faced with a hard to develop situation and are asking for relief on the open space requirement.  The last variance request is on the parking reduction and Mr. Knight elaborated on the number of bedrooms being tied to the number of parking spaces required in the code and said they brought back the number of bedroom units in order to provide as much parking as they could in order to meet the code requirements. Mr. Knight indicated that they did an analysis of the parking requirements in other cities for a project like this and they do not want to over park and eat into green space.

 

Mayor Brady opened Public Discussion.

 

Mr. Terry McGurr questioned the 20% reduction of parking and the asked how long is the retention area or low ground lake dry and how long is it wet. Mr. Quevido replied that when you design a retention area it has to be designed to bleed out and water dissipates within a 72 hour period.  He said extensive analysis and water table studies have been done and he is comfortable that in this design, during a heavy storm, it will dissipate and be useable again in 72 hours.

 

Mr. Joe Janosik, of SW 74th Avenue, a Planning & Zoning Board Member, advised that he heard the presentation by the application at the last P & Z meeting and that the Board did vote in favor of the requests and mentioned that at a development like this project, there is usually an average of about a 5% vacancy during which time there are less vehicles. Further Mr. Janosik said at the meeting they raised a lot of questions and based on the overall presentation that was made, their vote was unanimous to proceed with this project.

 

City Manager Sala asked Mr. Altman if there was any covenants or restrictions that could be placed in the lease to help prevent any potential parking problems.  He said he understands there may always be vacancies, but what do you do to prevent someone from having three or four cars in their household, or parking trailers.  Mr. Altman replied that their leases do cover parking restrictions and they monitor who is on the lease to help control the number of vehicles.  Commissioner Frankel said most apartments have restrictions and some type of towing arrangements.  Mr. Altman said they wouldn’t build a job unless they felt it could be parked adequately.  

 

Commissioner Frankel made a motion to approve Item 5(b) on first reading on the variance requests.  Clerk polled Commission.  All yes.

 

ORDINANCE PASSED UNANIMOUSLY ON FIRST READING

 

 

c.       SUBJECT:           SPR 07-03      Granada -Delegal Plat

State Road 7 and McNab Road Extension

 

Preliminary Site Plan review to permit development of 220 residential units and up to 10, 000 square feet of general commercial use within a proposed Planned Unit Development (PUD) Zoning District

 

APPLICANT: Altman Development Corporation

 

MOTION: To conditionally approve a preliminary site plan to permit development of 220 residential units and up to 10, 000 square feet of commercial use within a proposed Planned Unit Development (PUD) Zoning District.

 

City Attorney Goren said Item (c) is the Preliminary Site Plan presented by the applicant through the staff and testified to by the applicants’ legal counsel and by the owners.  He stated that this is a motion to approve the preliminary site plan subject to conditions set forth in the memorandum.

 

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

 

Commissioner Frankel moved to approve.  Seconded by Commissioner Cangemi.  No Commission discussion.  Clerk polled Commission.  All yes.

 

MOTION APPROVED UNANIMOUSLY

 

City Attorney Goren commented that there were conditions in the memorandum that would now be appropriate as the motion was considered by the Commission that the applicant and applicant’s representative confirm that those conditions are acceptable as having been voluntarily offered and accepted by the applicant.

 

Mr. Knight said they are agreeable to the conditions numbered 1 through 18 in the staff recommendation subject to the approval of the developer’s agreement.

 

 

d.      Developer’s Agreement  - Altman Development Corporation and 441 Real Estate Investment, Inc. (United Homes)  - Granada Project

 

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT MORE PARTICULARLY DESCRIBED ON ATTACHED EXHIBIT "A," BY AND BETWEEN THE CITY OF NORTH LAUDERDALE, FLORIDA, AND ALTMAN DEVELOPMENT CORPORATION AS DEVELOPER AND 441 REAL ESTATE INVESTMENT, INC. AS PROPERTY OWNER IN ACCORDANCE WITH THE FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT; PROVIDING FOR PUBLIC HEARINGS PURSUANT TO SECTION 163.3225, FLORIDA STATUTES; PROVIDING FOR ADVERTISEMENT OF THE NOTICE OF INTENT TO CONSIDER THE DEVELOPMENT AGREEMENT; PROVIDING FOR FULFILLMENT OF THE REQUIREMENTS SET FORTH IN SECTION 163.3227, FLORIDA STATUTES, FOR INCLUSION IN THE DEVELOPMENT AGREEMENT; PROVIDING FOR THE DURATION OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS OF THE CITY OF NORTH LAUDERDALE, BROWARD COUNTY, FLORIDA; PROVIDING FOR THE PERIODIC REVIEW OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR AMENDMENT AND CANCELLATION OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR RECORDING OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR MODIFICATION OR REVOCATION OF THE DEVELOPMENT AGREEMENT TO COMPLY WITH SUBSEQUENTLY ENACTED STATE AND FEDERAL LAWS; PROVIDING FOR ENFORCEMENT OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

 

Ms. Tammy Reed-Holguin stated that the because the project is being constructed as a Planned Unit Development, it allows more flexibility to the zoning code, removing some of the detailed restrictions of conventional zoning, so in order to accommodate that, and the additional impacts that could be placed on public facilities and facilitate this flexibility, a developer’s agreement is entered into, which agreement has been provided for consideration.  She said this developer’s agreement includes impact fees such as Parks and Recreation impact fees; Police and Fire impact fee and a School Crossing Guard fee which is being proposed.

 

Mr. Knight advised that they are in agreement with the developer’s agreement conditions with one exception.  He said they understand how the fees set forth in the agreement are calculated in terms of what the City Code requires, such as the Parks and Recreation fee of $418,000.00, but the amount that this project has to bear in impact fees is substantial.  Further he said they are not in agreement with provisions of 8.3 regarding the school crossing guard.  Mr. Knight stated that when they went to the land use amendment process on this project, on the county and city level, the issue regarding the location of Broadview Elementary and what had to be done to provide safe access for students coming from this project to the school was discussed. They agreed as a developer to make physical improvements to State Road 7 in terms of traffic signals modifications, crosswalk improvements, signage, etc., at an estimated cost of approximately $50,000 to 60,000.  Further, Mr. Knight said they consistently maintained that they could not bear the cost of providing the crossing guards for this development. 

 

Mr. Mijares elaborated on their position by stating that this project is important, but that the current market conditions, specifically for residential property, is suffering severely, and there is practically no new construction going on in any city in Broward.  He said the only construction right now is projects started long ago and winding down.  Mr. Mijares stated that it will be a long time before the market turns around and there are many benefits in taking this vacant piece of property and building a project of this magnitude.  He said they have been working diligently and closely with City staff to finalize the plan and are extremely excited to be presenting the plan for approval, but the issue with regard to the school crossing guards has jeopardized the project from moving forward.  He said they are attempting to build a luxury rental building and have been doing everything in their power to meet the tight budgetary restrictions in order to proceed with this beautiful project.  Further, Mr. Mijares stated that they can only move forward if the paragraph relating to the school crossing guards is eliminated.  He said they feel this is an unfair burden and an unreasonable request.  He said though they agreed to provide the funding for the costs required for the actual school crossing itself, the project cannot bear the ongoing expense of crossing guards.  Mr. Mijares said United Homes built many projects throughout its years of existence and has never been asked to provide this expense.  He said if the project is built, the City will be receiving approximately $949,000 dollars in permit and impact fees and on top of that the County will get $130,000, and the School Board an additional $335,000 in mitigation fees.  He said the total fees being paid is about $1,414,000 dollars, and this is why it is difficult to build reasonably priced housing.  Mr. Mijares said on top of the money paid to the City for the fees, the property value will increase approximately 400% creating additional tax dollars to offset the costs of the crossing guards.  Mr. Mijares said if this burden was placed upon the project, it would be a deal-breaker for the Altman group.  He said he has been advised that this is a matter than has always been administered and paid for by the City and cannot understand why this is an added requirement.  He said Attorney Knight has not been successful in resolving the issue with staff.  Mr. Mijares is asking for the elimination of this condition to move forward with the project.

 

City Manager Sala pointed out that the staff’s involvement in this issue is strong, however, the direction for our fiduciary responsibility to the City is key.  Mr. Sala said all this is new and there have been recent tax related legislative changes, and even if this property will create new taxes on the tax roll, the city will be restricted on getting that money and what the caps are and what the millage rate will be.  He said the general fund is where the money comes from for the crossing guards.  Mr. Sala said he respects the developer and legal counsel, but that this issue is not only with the developer, but with the School Board as well, and said that the new legislature results in a loss to the City and not the School Board.  Also, Mr. Sala said we spend about $370,000 on school crossing guards, which is purely a school responsibility you need to deal with.  Mr. Sala said we need to mitigate that money somehow and that this is not just a developer issue but a School Board issue as well.  Mr. Sala pointed out, on a PowerPoint slide, the inequities that need to be dealt with on a School Board level.  He said it is nothing personal on the developer, but the City needs to mitigate the costs somehow and other cities will have to also mitigate the inequities or unfunded mandates.

 

Public hearing opened.  No one from the public spoke.  Public hearing closed. 

 

City Attorney Goren explained that the Developer’s Agreement gets recorded on the property and binds the parties to certain obligations for a number of years.   He said we’ve heard from the applicant, applicant’s counsel, and the staff and administration on this item and stated that all aspects of the contract that have been proposed and are acceptable except for paragraph 8.3.  For the record, Mr. Goren stated that the School Crossing Guard issue has never been an issue in Broward County until this past year.  It became an issue when several cities, including North Lauderdale, when considering budgetary concerns this past session, considered what dollar amount was being spent on the school crossing guard obligation for servicing local schools in the city which are controlled and owned by the School District of Broward County.  Mr. Goren said at the same time the Commission considered the issue of School Resource Officers and the obligation they would have in the overall budget.  Mr. Goren stated that under State law, SRO’s are not required and that in Broward County, cities provide them on a voluntary basis and support them in the school system and are paid back an inconsequential amount of reimbursement for the service of having an SRO.  Further he said several cities have eliminated or modified the number of resource officers in the schools.  In essence, Mr. Goren said, there is no legal requirement to have school crossing guards, but in practice, if a dangerous intersection is determined by the school district and local government, the obligation to provide the crossing guard is burdened on the city, not the school board.  Mr. Goren said the surcharge on parking tickets pays for a miniscule amount of the obligation in funding the services.  Mr. Goren said his objective in advising of the issue is that there is an obligation to provide the guards based on the liability of a dangerous intersections designation.  He agreed with Mr. Sala that at some time the obligation will shift.

 

Mr. Mijares said that the problem is a business decision and he believes the City will get their proportionate share of the revenue from property taxes on the project.  He said if the project does not get built, the City won’t receive those fees and that this is a battle that should be fought between the City and the School Board. 

 

Commissioner Frankel made a motion to adopt the Developer’s Agreement with Section 8.3 removed.  Seconded by Commissioner Moyle.

 

Mr. Frankel said Mr. Mijares may be the first developer to face this issue, but this impact fee is something new.  He said this project as proposed could be revenue for the City in the future and providing for crossing guard is reasonable, and knowing the economics of the times is satisfied that someone wants to develop in the City.  Commissioner Cangemi asked when they propose to start the development and Mr. Mijares said as soon as it is permitted, possibly April of 2008.  Commissioner Cangemi said he wants to work this out with the School Board and the City Manager and said he doesn’t want to pass up on the development and agrees with Commissioner Frankel that this would be good for the residents and income for the city.  Vice Mayor Moyle said it is unfair because no one else has had to fund crossing guards and he understands what Staff recommends in saving money, but the bottom line is that we have to provide for the safety of the kids.  He would like to see the School Board go halfway with the City, but even if they don’t, he cannot see putting this burden on a developer or development and doesn’t agree with this aspect of the developer’s agreement and therefore agrees with the other Commissioners.  Mayor Brady said he also agrees with the other Commissioners and has spoken with the School Board on the issue.

 

Clerk polled Commission.  All yes

 

ORDINANCE PASSED UNANIMOUSLY ON FIRST READING

 

 

6.                  ORDINANCES

 

a.      Second Reading:   Adoption of Domestic Violence Leave Policy

 

Vice Mayor Moyle moved to read.  Seconded by Commissioner Hilton.

Attorney read:

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 46, "PERSONNEL", ARTICLE IX, "HOLIDAYS, VACATIONS, AND LEAVES", OF THE NORTH LAUDERDALE CODE OF ORDINANCES OF THE CITY OF NORTH LAUDERDALE, BY ENACTING A NEW SECTION 46-241, ENTITLED "DOMESTIC VIOLENCE LEAVE POLICY", TO PROVIDE FOR THE IMPLEMENTATION OF A DOMESTIC VIOLENCE LEAVE POLICY FOR CITY EMPLOYEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

 

Ernest King, Human Resources Director, presented the item.  Mr. King advised that the domestic violence leave policy provides for three days unpaid leave in a 12 month period for an employee who has been employed for at least 3 months who has been a direct or indirect victim of domestic violence.  The City Commission approved the first reading of the ordinance pertaining to the adoption of the domestic violence leave policy for city employees on November 13, 2007.  Subsequently, Mr. King said, the City staff and City Attorney’s office made a minor revision to Section 46-241(b), basically stating that the benefit established pursuant to this section is not applicable to employees covered by a bargaining unit, until the bargaining agent (Union) that represents the bargaining unit consents in writing to the applicability of the benefit to their members. Mr. King said the City Administration recommends Commission’s consideration and final adoption of the ordinance on second reading.

 

Attorney Goren elaborated by saying that this provision is allowed by State Statute and the Statute was amended by legislation and provides government the opportunity to enact ordinances to protect their employees. Further he said the law is that you cannot impose an obligation on a Union if they have a collectively bargained contract unless they consent to it.  

 

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

 

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

Clerk polled Commission.  All yes.

 

ORDINANCE NO.  07-11-1199  PASSED AND ADOPTED UNANIMOUSLY

 

 

7.                  CONSENT AGENDA

 

City Manager requested that Item 7(e)(ii) regarding Pump Station #12 be pulled from the consent agenda, since new information came in today and he wants to evaluate it with staff and bring it back on December 11, 2007.

 

Commissioner Cangemi made a motion to pull the item from consent.  Commissioner Hilton seconded.  All in favor.

 

Vice Mayor Moyle made a motion to read the remaining consent agenda.  Seconded by Commissioner Cangemi.

 

Attorney read:

 

 

a.      RESOLUTION - Agreement with Broward County for Reimbursement of Offsite Water and Sewer Improvements for Fire Station 34

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ACCEPTABLE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY FOR THE REIMBURSEMENT OF WATER AND SEWER OFFSITE IMPROVEMENTS ON SW 21ST STREET AND SW 63RD AVENUE FOR THE CONSTRUCTION OF THE NEW FIRE STATION 34; AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO.  07-11-5279

 

b.      RESOLUTION - Computer Replacements Program for FY 2008

 

                                            i.       Purchase of New Computers

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AN EXPENDITURE NOT TO EXCEED $29,760.00 FOR THE CITY’S PURCHASE OF 26 REPLACEMENT COMPUTERS AS SET FORTH IN SECTION 1 BELOW, MADE A SPECIFIC PART OF THIS RESOLUTION FROM DELL COMPUTERS; PROVIDING FOR FUNDING; AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO.  07-11-5276

 

 

                                          ii.       Surplus Computers

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA DECLARING THOSE CERTAIN COMPUTERS AS LISTED IN EXHIBITS "A" , ATTACHED HERETO, AS SURPLUS TO THE NEEDS OF THE CITY OF NORTH LAUDERDALE, DUE TO THE CONDITION OF THE EQUIPMENT OR PROPERTY AND/OR THE CURRENT NEEDS OF THE CITY; AUTHORIZING THE CITY MANAGER TO DISPOSE OF SURPLUS COMPUTER EQUIPMENT; DIRECTING THE CITY CLERK TO RECORD THIS RESOLUTION AS AUTHORITY FOR DISPOSAL OR DONATION OF SAID PROPERTY PURSUANT TO CHAPTER 2, ARTICLE II, SECTION 2-36 OF THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO.  07-11-5277

 

c.       RESOLUTION - Boat Ramp Installation Agreement with City of Tamarac

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE MAYOR TO BE AUTHORIZED TO ENTER INTO THE ATTACHED AGREEMENT BETWEEN THE CITY OF NORTH LAUDERDALE AND THE CITY OF TAMARAC FOR INSTALLATION OF A BOAT RAMP FOR ACCESS AND MAINTENANCE OF THEIR CANAL; AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO.  07-11-5280

 

d.      ORDINANCE - First Reading: Amending Article VI - Alarm Systems

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, CREATING SECTION 82-309, ENTITLED "PENALTY FOR RESPONSE TO UNREGISTERED FALSE ALARMS" OF THE CODE OF ORDINANCES TO PROVIDE penalties to the owners of unregistered alarm systems when a false alarm is responded to; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.

 

ORDINANCE ADOPTED AND PASSED UNANIMOUSLY ON FIRST READING

 

e.      RESOLUTION : Award of Bids

 

                                            i.       Pump Station # 10 Upgrades -  Bid # 07-10-296

 

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 TLC DIVERSIFIED INC. FOR THE PUMP STATION #10 UPGRADE (BID # 07-10-296) AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTIONS TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO. 07-11-5281

THIS ITEM WAS PULLED FROM CONSENT AGENDA

 

                                          ii.       Pump Station # 12 Upgrades - Bid #07-10-295

 

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 TRIO DEVELOPMENT CORPORATION FOR THE PUMP STATION #12 UPGRADES (BID # 07-10-295) AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTIONS TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

 

Vice Mayor Moyle moved to approve the consent agenda as read.  Seconded by Commissioner Frankel.  All in favor.

 

CONSENT AGENDA APPROVED UNANIMOUSLY

 

 

8.                  OTHER BUSINESS

 

a.      ORDINANCE – First Reading: Abandoned/Foreclosed Properties

 

Commissioner Frankel moved to read.  Seconded by Commissioner Cangemi.

Attorney read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 26 OF THE CITY’S CODE OF ORDINANCES, ENTITLED “HEALTH AND SANITATION”; SPECIFICALLY AMENDING ARTICLE III, ENTITLED “ABANDONED PROPERTY”; PROVIDING FOR THE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR MAINTENACE REQUIREMENTS; PROVIDING FOR SECURITY REQUIREMENTS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

 

Tammy Reed-Holguin presented the item and said that it was presented in concept along with the City Attorney’s office and they have been working with them to develop the proposed ordinance. She said the current provisions in our Code of Ordinances address only personal property and this will allow us to address abandoned real property, so that Code enforcement action can be taken against properties that have been abandoned.  Further she said this will strengthen the ordinance and is part of the overall strategy to pro-actively address properties that are in danger of becoming foreclosed and to aggressively pursue the parties that are responsible for maintaining the properties that are already abandoned.  The language pertaining to the registration of the abandoned properties was adopted from an effective California ordinance which was shared with staff and Mayor Brady by a concerned North Lauderdale resident. Ms. Reed-Holguin recommended Commission’s consideration and approval on first reading.

 

Commissioner Frankel moved to approve.  Commissioner Cangemi seconded the motion.  No Commission discussion.  Clerk polled Commission.  All yes.

 

ORDINANCE PASSED UNANIMOUSLY ON FIRST READING

 

 

b.      RESOLUTION – Approval to Apply 5% Commercial Flexibility Rule for Granada Planned Unit Development (PUD)

 

This item was read in conjunction with Item 5 (a), (b), (c) (d).

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, CONFIRMING THAT THE CITY HAS APPLIED THE 5% FLEXIBILITY RULE CONSISTENT WITH THE REQUIREMENTS OF THE BROWARD COUNTY LAND USE PLAN FOR THE PROPOSED GRANADA PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT STATE ROAD 7 AND THE MCNAB ROAD EXTENISON, NORTH LAUDERDALE, FLORIDA AND PROVIDING FOR AN EFFECTIVE DATE.

 

Tammy Reed-Holguin indicated that on the site plan there is a portion that includes commercial development and to allow that to happen within a PUD they must apply what is called a 5% flexibility rule, which means that up to 5% of the property designated on the Broward County Land Use Map, if it is designated for residential use, 5% can be used for commercial uses and the city must approve a resolution to apply this rule.   She further said this has been done in the past with the Walgreens property where they allocated 8.2 acres to develop that property.  There is a total of 96 acres available to use this flexibility rule and they are well under that limit, since this would be 1.2 acres for this particular property.  She recommended approving a resolution to apply the commercial flexibility rule for this property to be used for mixed use.

 

Vice Mayor Moyle made a motion to approve.  Seconded by Commissioner Cangemi.  No Commission discussion.  Clerk polled Commission.  All yes.

 

RESOLUTION NO.  07-11-5283  PASSED AND APPROVED UNANIMOUSLY

 

9.                  REPORTS

 

a.      Wal-Mart Update

 

City Manager Sala passed out a letter from Susan Motley, a lawyer with Ruden, McClusky, dated November 27th.  Mr. Goren said he also received the letter referring to status of the Wal-Mart Super Center.  Mr. Goren read the letter into the record which stated that Wal-Mart is re-evaluating the project and will not have any additional information for the Mayor and Commission until some time in January, 2008 and that Ms. Motley will not be attending the Commission meeting.  Mayor Brady stated that he understands that they want to give the project a go and in his opinion he is in favor of bringing Wal-Mart in to develop that property.  He said it is a big piece of property to develop and will create revenue. Commissioner Frankel agreed with Mayor Brady and said he will work with any developer that wants to develop here. Mr. Sala pointed out that this is not just a windfall on the plus side to develop, but that there are costs incurred as well that will offset any revenue, such as police and code enforcement and other issues that require City staff attention, and that what would be pocketed is very little.  Mr. Sala said he will share that more in the budget process, but if a fiscal impact was done of this site you would clearly see that there are incurred costs that the City has to provide in service that is offset by the new revenue coming in.

 

b.      Four Day Work Week

 

Ernest King, Human Resources Director, shared a power-point presentation with the Commission on a “four day work week” or as he referred to it as a “compressed work schedule”.  Mr. King reported that there are approximately 22 cities in the State of Florida who work a compressed work schedule, including Coconut Creek, Tamarac and Palm Beach Gardens.  He covered some model schedules for such a work week.  Mr. King said that staff preferred a 7:00 a.m. to 5 p.m. schedule because it interfered less with daycare schedules.  He covered the pros of such a schedule, based on other cities, and said it improved employment moral; service to the community through public accessibility; improved productivity and reduced absenteeism rate, but the cost savings remained neutral, but employees saved on transportation.  Mr. King said the cons are less time for after hour activities with family; managers monitored schedules more closely and the work force was not fully staffed at all times.  Further, Mr. King said the departments that would be affected, if approved, would be Administration, City Clerk, Community Development/Code Enforcement, Finance, Information Technology, Parks and Recreation and Public Works.  Departments not affected would be Public Safety, Water Plant, Garage Operations and Utility Billing.  Mr. King said they are recommending two options.  One is to do nothing and wait until 2008 and see how legislative action plays out and the second would be to authorize the City Manager to implement a “980” which is every other Friday off, for a compressed work schedule effective in March, 2008.

 

Mr. Sala commented that this was a lot of work and that they went to each level of employees to see what might work and what wouldn’t.  Mr. Sala said that they put together two proposals, but that some flexibility should remain within the departments.  Mr. Sala said that he doesn’t see an urgency to change right now and would like to wait to see what happens in legislation, but should the Commission instruct to move forward they would probably look at every other Friday or Monday off and bring back a policy procedure.  Mayor Brady commented that he thinks it’s a good idea to save electricity and also to be open longer for the residents, but wait until after the legislation plays out and have a workshop to discuss all the aspects.  Commission consensus was that they agree to wait.  Mr. Sala agreed.

 

 

10.              COMMISSION COMMENTS

 

a.      MOTION -   To purchase a table for the Aging & Disability Resource Center’s 28th Annual Installation Dinner at a cost of $600.00.

 

Commissioner Frankel moved to approve.  Seconded by Commissioner Cangemi.  All yes.

 

 

11.              CITY MANAGER COMMENTS

 

City Manager Sala commented on the events coming up in December and asked the Commission to mark their calendars.

 

a.      December Event Dates:

 

·        Monday, December 3rd - 10:00 a.m. - Menorah Lighting Ceremony - Commission Chambers

·        Wednesday, December 12th  - 7:00 p.m. -.29th Annual Holiday/Tree Lighting Ceremony –Front Lawn of City Hall

·        Thursday, December 13th – 6:30-8:00 p.m. - Sundaes with Santa – Teen/Rec Center

·        Saturday, December 15th – 8:00-10:00 a.m. – Breakfast with Santa – Teen/Rec Center

·        Sunday, December 23rd – Santa Cruise Around Town – Begins 5:15 p.m.

 

12.              CITY ATTORNEY COMMENTS

 

a.      MOTION -  To select Vice-Mayor

 

Mr. Goren said the City Commission transitioned from a March election to a November election, which was effectuated at the last election engaged in.  At that time schedules were established providing for extension and modification of terms and under the Charter, Section 3.2, there must be a selection of a Vice Mayor at this time. 

 

Commissioner Frankel nominated Commissioner John Cangemi for Vice Mayor.  Commissioner Hilton seconded the motion.  Clerk polled Commission.  All yes.

 

Mr. Goren said for the record, in the absence of any other nomination and by vote of the Commission, Commissioner Cangemi is the Vice Mayor and will be sworn in at the next Commission meeting.

 

 

13.              ADJOURNMENT – There being no further business, the meeting adjourned at 9:17 p.m.

 

Respectfully submitted,

 

 

 

Patricia Vancheri

Interim City Clerk