CITY OF NORTH LAUDERDALE

COMMISSION MEETING

 

MONDAY, SEPTEMBER 14, 2009

 

BUDGET WORKSHOP – 4:30 p.m.

 

REGULAR MEETING – 5:30 p.m.

 

WATER CONTROL DISTRICT

(Immediately following regular meeting)

 

 

AGENDA

 

 

1.                  INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Moyle

 

2.                  ROLL CALL

 

            Mayor Jack Brady

            Vice Mayor John R. Cangemi

            Commissioner Gary Frankel

            Commissioner Rich Moyle

            Commissioner David G. Hilton

            Interim City Manager Ambreen Bhatty

            City Attorney Samuel S. Goren

            Interim City Clerk Patricia Vancheri

 

3.                  APPROVAL OF MINUTES – None Submitted

 

4.                  PRESENTATIONS

 

a.      Community Improvement Awards (Kevin Pierson)

 

                                            i.            Residential – Willy & Dina Dolce and Dino & Claire Compare

                                          ii.            Multifamily – Lakeview Cove – Property Mgr. Karen Miller

                                        iii.            Commercial – Foam Factory Inc./American Visual – Stanley and Lori Regent

 

 

5.                  PUBLIC DISCUSSION


 

6.                  BUDGET RELATED MATTERS--A copy of the 2009/2010 Budget is available on line at www.nlauderdale.org

 

a.      ORDINANCE - First Reading - Ad Valorem Tax Rate

 

§  Motion, second and vote to read the ordinance

§  Attorney reads title

§  Staff presentation

§  Public Hearing opened

§  Public discussion

§  Public Hearing closed

§  Commission motion and second to adopt

§  Commission discussion

§  Commission vote

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF NORTH LAUDERDALE AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 6.9185 MILLS FOR THE 2009 TAX YEAR REPRESENTING A DECREASE OF 4.67% FROM THE PRIOR YEAR’S ROLLED BACK RATE, AND ESTABLISHING AND ADOPTING THE CITY OF NORTH LAUDERDALE AD VALOREM TAX DEBT SERVICE MILLAGE LEVY RATE AT 0.2363 MILLS FOR THE 2009 TAX YEAR, SPECIFICALLY TO SERVICE, AND ONLY TO SERVICE, THE DEBT INCURRED BY THE NORTH LAUDERDALE 2004 GENERAL OBLIGATION BOND ISSUE, FOR A TOTAL CITY OF NORTH LAUDERDALE 2009 TAX YEAR AD VALOREM TAX MILLAGE LEVY RATE OF 7.1548 MILLS FOR ALL PURPOSES OR $7.1548 PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

 

 

b.      RESOLUTION - Fire Rescue Assessment Annual Rate Resolution for the Fiscal Year beginning October 1, 2009

 

§  Motion, second and vote to read

§  Attorney reads title

§  Staff presentatio

§  Public Hearing opened

§  Public discussion

§  Public Hearing closed

§  Commission motion and second to adopt

§  Commission discussion

§  Commission vote

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF NORTH LAUDERDALE, FLORIDA; IMPOSING FIRE RESCUE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF NORTH LAUDERDALE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

 

c.       RESOLUTION - Comprehensive Pay and Classification Plan - Fiscal Year 2010

 

§  Motion, second and vote to read

§  Attorney reads title

§  Staff presentation

§  Commission motion and second to adopt

§  Commission discussion

§  Commission vote

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, REPEALING RESOLUTION 08-07-5339 WHICH RESOLUTION DID ADOPT THE CITY OF NORTH LAUDERDALE COMPREHENSIVE PAY AND CLASSIFICATION PLAN FOR FISCAL YEAR 2009, AND AS AMENDED FROM TIME TO TIME, AND HEREBY ESTABLISHING A REVISED PAY AND CLASSIFICATION PLAN FOR FISCAL YEAR 2010 COMMENCING ON OCTOBER 1, 2009; PROVIDING FOR THE ESTABLISHMENT OF NEW CLASSIFICATIONS; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

 

 

d.      ORDINANCE - First ReadingBudget Adoption

 

§  Motion, second and vote to read the ordinance

§  Attorney reads title

§  Staff presentation

§  Public Hearing opened

§  Public discussion

§  Public Hearing closed

§  Commission motion and second to adopt

§  Commission discussion

§  Commission vote

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ADOPTING THE ATTACHED ANNUAL BUDGET, REVIEWED BY THE CITY COMMISSION AT THE MEETING HELD ON JULY 14, 2009, AND AS REVISED AND APPROVED ON SEPTEMBER 14, 2009 AS THE CITY OF NORTH LAUDERDALE’S FINAL BUDGET FOR THE 2009/10 FISCAL YEAR, ALLOCATING, APPROPRIATING, AND AUTHORIZING EXPENDITURES IN ACCORDANCE WITH AND FOR THE PURPOSES AS STATED IN SAID BUDGET, EXCEPTING CERTAIN APPROPRIATIONS AND EXPENDITURES REQUIRING FURTHER CITY COMMISSION ACTION AND/OR AUTHORIZATION; AUTHORIZING BUDGETARY CONTROL BY DEPARTMENTAL FUND TOTAL FOR ALL APPROPRIATIONS EXCEPT FOR AMOUNTS ALLOCATED FOR CAPITAL OUTLAY ITEMS; PROVIDING FOR THE AUTHORIZATION OF ALL BUDGETED EMPLOYMENT POSITIONS AND THE AUTHORIZATION FOR THE CITY MANAGER TO MAKE TEMPORARY APPOINTMENTS TO BUDGETED POSITIONS; PROVIDING FOR THE CREATION OF TRUST FUND(S) FOR RECEIPT OF MONIES BY GIFT, GRANT, OR OTHERWISE, WHEN THE SAME CONTAINS AS A CONDITION OF ACCEPTANCE, A LIMITATION OR RESTRICTION REGARDING THE USE OR EXPENDITURE OF THE SAME AND THE MANAGEMENT AND DISBURSEMENT THEREOF; PROVIDING FOR A TEMPORARY OR PERMANENT SUSPENSION OF THE OMNIBUS APPROPRIATION AND EXPENDITURE AUTHORIZATION CONTAINED HEREIN BY CITY COMMISSION RESOLUTION; PROVIDING THAT THE BUDGET HEREBY ADOPTED MAY BE ADJUSTED OR MODIFIED BY SUBSEQUENT RESOLUTION OF THIS CITY COMMISSION SO LONG AS SUCH ADJUSTMENT OR MODIFICATION SHALL NOT RESULT IN A VARIATION OF THE TOTAL BUDGET, PROVIDING THAT IN THE EVENT A VARIATION FROM THE TOTAL BUDGET IS OR BECOMES NECESSARY, THIS ORDINANCE SHALL BE AMENDED ONLY BY A SUBSEQUENT ORDINANCE CONSISTENT WITH CHAPTER 166, FLORIDA STATUTES, THE CHARTER AND CODE OF ORDINANCES OF THE CITY OF NORTH LAUDERDALE, FLORIDA; PROVIDING FOR THE AUTHORIZATION TO LAPSE ALL ENCUMBRANCES OUTSTANDING AT SEPTEMBER 30, 2009, AND AUTHORIZATION TO RE-APPROPRIATE ALL UNEXPENDED CAPITAL APPROPRIATIONS, INCLUDING LAPSED CAPITAL OUTLAY ENCUMBRANCES, IN THE 2009/10 BUDGET YEAR PROVIDING FOR SEVERABILITY; AND, PROVIDING AN EFFECTIVE DATE.

 

 

7.                  CONSENT AGENDA

 

§  Remove items from consent agenda if desired

§  Commission motion, second and vote to read

§  Attorney reads consent agenda

§  Commission motion, second and vote to adopt the consent agenda

 

 

a.      RESOLUTION –Highlands Court Water and Sewer Project

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA DIRECTING THE CITY ADMINISTRATION AND CITY ATTORNEY’S OFFICE TO INITIATE THE PROCESS FOR THE CITY TO TAKE OWNERSHIP AND CONTROL OF THE WATER AND SEWER MAINS LOCATED WITHIN THE HIGHLANDS OF TAM O’SHANTER, SECTION ONE, SUBJECT TO THE COORDINATION AND COOPERATION OF ALL OF THE OWNERS OF PROPERTY THEREIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

b.      RESOLUTION -             SWAV 09-01B           Sign Waiver Request

Family Dollar, 8076 W McNab Rd

Applicant:           Sign Solutions on behalf of Family Dollar

 

Reconsideration to allow a second  wall identification sign on the rear of the building with 22 inches in height letters, where maximum 16 inches in height letters are allowed by section 94-16 (c) (2) (c)  within Community Business (B-2) Zoning District.

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING A SIGN WAIVER REQUEST FOR FAMILY DOLLAR, LOCATED AT 8076 W MCNAB ROAD, NORTH LAUDERDALE, FLORIDA, THEREBY PERMITTING THE INSTALLATION AND MAINTENANCE OF ONE SIGN WITH 22” HIGH CAPITAL LETTERS, WHEREAS MAXIMUM 16 INCHES HIGH LETTERS ARE ALLOWED BY SECTION 94-16 (C) (2) (C) OF THE CITY’S CODE OF ORDINANCE WITHIN A COMMUNITY BUSINESS (B-2) ZONING DISTRICT.

 

 

c.       RESOLUTION –            SWAV 09-04     Sign Waiver Request for Chase Bank, 1319 S. State Road 7

APPLICANT:  NW Sign Industries on behalf of Chase Bank

 

Sign waiver request to permit 30” high capital letters on two wall signs, whereas maximum 16 inches in height letters and one wall sign are allowed by Code within a General Business (B-3) Zoning District.

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING A SIGN WAIVER REQUEST FOR CHASE BANK, LOCATED AT 1319 SOUTH STATE ROAD 7, NORTH LAUDERDALE, FLORIDA, THEREBY PERMITTING THE INSTALLATION AND MAINTENANCE OF TWO  WALL SIGNS WITH 30” HIGH CAPITAL LETTERS WHERE MAXIMUM 16 INCHES HIGH LETTERS ARE ALLOWED BY SECTION 94-16 (C) (2) c  OF THE CITY’S CODE OF ORDINANCE WITHIN A GENERAL BUSINESS (B-3) ZONING DISTRICT.

 

 

d.      RESOLUTION -              SWAV 09-05    Sign Waiver Request for Altis a/k/a Granada Apartments, 1700 S State Road 7

APPLICANT:  Granada at North Lauderdale (Altman Development)

 

To allow 30 inches in height letters l and t and two residential identification signs whereas a maximum 16 inches in height letters and one identification sign are allowed by Code within a Planned Unit Development (PUD) Zoning District.

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING A SIGN WAIVER REQUEST FOR ALTIS a.k.a. Granada Apartments, LOCATED AT 1700 SOUTH STATE ROAD 7, NORTH LAUDERDALE, FLORIDA, THEREBY PERMITTING THE INSTALLATION AND MAINTENANCE OF TWO RESIDENTIAL SIGNS WITH 30” HIGH CAPITAL LETTERS  L AND T WHEREAS MAXIMUM 16 INCHES HIGH LETTERS ARE ALLOWED BY SECTION 94-16 (C) (2) c  OF THE CITY’S CODE OF ORDINANCE WITHIN A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT.

 

 

e.       RESOLUTION – Award of Sanitary Sewer Rehabilitation Bid #09-08-303

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND TELE-VAC SOUTH  INC. FOR SANITARY SEWER REHABILITATION PROJECT (BID#09-08-303) AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.

 

 

f.       RESOLUTION – Florida League of Cities Insurance Contract Renewal – FY 09/10 - General/Professional Liability, Automobile Liability/Physical

Damage, Property and Workers’ Compensation

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN ACCEPTABLE AGREEMENT BY AND BETWEEN THE CITY AND THE FLORIDA LEAGUES OF CITIES FOR THE CITY’S GENERAL LIABILITY, AUTOMOBILE, PROPERTY AND WORKERS’ COMPENSATION INSURANCE COVERAGE FOR FISCAL YEAR 2009/10, PROVIDING FOR A PREMIUM OF NOT MORE THAN $549,464 AND PROVIDING AN EFFECTIVE DATE.

 

 

g.      RESOLUTION – Flexible Spending Account Plan

 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BY AND BETWEEN THE CITY AND AMERIFLEX AS AN ADJUNCT TO THE AGREEMENT PREVIOUSLY APPROVED BY RESOLUTION 08-09-5359 WITH COLONIAL INSURANCE TO ADMINISTER A FLEXIBLE SPENDING ACCOUNT PROGRAM FOR THE EMPLOYEES OF NORTH LAUDERDALE; AND PROVIDING AN EFFECTIVE DATE.
 

 

h.      RESOLUTION – Bill Daly’s Insurance Agency Contract Renewal 2009/10

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO RENEW THE CONTRACT BETWEEN THE CITY AND BILL DALY’S INSURANCE AGENCY TO ASSIGN BILL DALY’S INSURANCE AGENCY AS THE AGENT OF RECORD FOR GROUP HEALTH AND DENTAL INSURANCE FOR THE CITY OF NORTH LAUDERDALE FOR FISCAL YEAR 2009/10; AND PROVIDING AN EFFECTIVE DATE. 
 

 

i.        RESOLUTION – Employee Group Insurance Renewal - Fiscal Year 2009/10

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO RENEWAL CONTRACTS BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND THE FLORIDA LEAGUE OF CITIES FOR EMPLOYEE GROUP INSURANCE AS OUTLINED IN SECTION 1 OF THIS RESOLUTION FOR FISCAL YEAR 2009/10; AND PROVIDING AN EFFECTIVE DATE.

 


 

8.                  OTHER BUSINESS

 

a.      ORDINANCE –              First Reading:  Transmittal:

City of North Lauderdale Comprehensive Plan Proposed Text Amendments to the Future Land Use Element based on the Provisional Recertification Report from Broward County Planning Council

APPLICANT: City of North Lauderdale

 

§  Motion, second and vote to read the ordinance

§  Attorney reads title

§  Staff presentation

§  Public Hearing opened

§  Public discussion

§  Public Hearing closed

§  Commission motion and second to adopt

§  Commission discussion

§  Commission vote

 

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE ADOPTING THE TEXT AMENDMENTS TO THE CITY OF NORTH LAUDERDALE COMPREHENSIVE PLAN BASED ON THE PROVISIONAL RECERTIFICATION REPORT BY THE BROWARD COUNTY PLANNING COUNCIL; AND APPROVING TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS IN ACCORDANCE WITH SECTION 163.32465, FLORIDA STATUTES.

 

 

 

b.      ORDINANCE -               First Reading: Amendment to Chapter 106 “ZONING” of the City’s Code of Ordinances

APPLICANT:  City of North Lauderdale

 

§  Motion, second and vote to read the ordinance

§  Attorney reads title

§  Staff presentation

§  Public Hearing opened

§  Public discussion

§  Public Hearing closed

§  Commission motion and second to adopt

§  Commission discussion

§  Commission vote

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 106 OF THE CITY’S CODE OF ORDINANCES, ENTITLED “ZONING”; SPECIFICALLY AMENDING ARTICLE XV, ENTITLED “BUSINESS DISTRICTS” DIVISION 2, ENTITLED “MASTER BUSINESS LIST” BY AMENDING SECTION 106-467 ENTITLED “SUPPLEMENTAL REGULATIONS”; PROVIDING FOR FINDINGS AND INTENT;  PROVIDING FOR DEFINITIONS; PROVIDING FOR PERMIT REQUIREMENTS; PROVIDING FOR A TIME, PLACE AND MANNER IN WHICH SUCH AUTOMOBILE DETAILERS MAY OPERATE AS AN ACCESORY USE; PROVIDING AN APPLICATION PROCESS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

 

 

c.       RESOLUTION - Authorization to Enter Into Negotiations for the Purpose of Executing An Acceptable Sub-recipient Agreement with Habitat For Humanity, Inc. of Broward County for the Redevelopment of Abandoned and Foreclosed Properties for Resale to Very Low Income Households

 

 

§  Motion, second and vote to read

§  Attorney reads title

§  Staff presentation

§  Commission motion and second to adopt

§  Commission discussion

§  Commission vote

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO NEGOTIATE AND ENTER INTO AN ACCEPTABLE AGREEMENT WITH HABITAT FOR HUMANITY INC. AS A SUBRECIPIENT OF NEIGHBORHOOD STABILIZATION FUNDS FOR THE PURCHASE, REHABILITATION, AND RESALE OF FORECLOSED PROPERTIES WITHIN THE CITY TO ELIGIBLE VERY LOW INCOME FAMILIES; AND PROVIDING AN EFFECTIVE DATE.

 

 

d.      RESOLUTION -             VAC 09-01     Vacation of Easement

707 SW 74th Avenue

APPLICANT:  Mariela Brandt

 

Formal request to vacate 10 feet utility easement, as recorded in Plat Book 71, Page 31, of the Public Records of Broward County, Florida (BCR), within a Residential Single Family (RS-5) Zoning District.

 

 

§  Motion, second and vote to read

§  Attorney reads title

§  Staff presentation

§  Commission motion and second to adopt

§  Commission discussion

§  Commission vote

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA ABANDONING AND OTHERWISE VACATING THAT CERTAIN 10 FEET UTILITY EASEMENT   LOCATED AT 707 SW 74TH AVENUE, DEDICATED BY PLAT BOOK 71, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (BCR)  DESCRIBED AS FOLLOWS: THE SOUTH 63 FEET OF LOT 8 AND THE NORTH 12 FEET OF LOT 9, BLOCK 8 OF LAUDERDALE NORTH PARK; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE NECESSARY DOCUMENTS TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

9.                  REPORTS

 

 

10.              COMMISSION COMMENTS

 

a.      Training Program for Fire Fighters from Jamaica (Mayor Brady)

 

 

11.              CITY MANAGER COMMENTS

 

 

12.              CITY ATTORNEY COMMENTS

 

a.      ORDINANCE – Second Reading - Amending Chapter 94 – “Political Signs”

 

§  Motion, second and vote to read the ordinance

§  Attorney reads title

§  Staff presentation

§  Public Hearing opened

§  Public discussion

§  Public Hearing closed

§  Commission motion and second to adopt on second reading

§  Commission discussion

§  Commission vote

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 94 OF THE CITY’S CODE OF ORDINANCES, ENTITLED “SIGNS”; SPECIFICALLY AMENDING SECTION 94-14 ENTITLED “FUNCTIONAL TYPES OF SIGNS AND REGULATIONS THEREFORE”; PROVIDING FOR CONSISTENCY WITH THE CHAPTERS 97-106, F.S., ALSO KNOWN AS THE FLORIDA ELECTION CODE; PROVIDING FOR CONSISTENCY WITH FEDERAL COURT DECISIONS GOVERNING CERTAIN FIRST AMENDMENT RIGHTS RELATED TO POLITICAL SIGNS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

 

 

13.              ADJOURNMENT