CITY OF NORTH LAUDERDALE

CITY OF NORTH LAUDERDALE

COMMISSION MEETING

SEPTEMBER 24, 2009

REGULAR MEETING – 7:00 p.m.

AGENDA

1. INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Hilton

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. New Divine Apostolic Ministries of North Lauderdale

5. PROCLAMATIONS

a. National School Lunch Week – October 12-16, 2009

6. PUBLIC DISCUSSION

7. BUDGET ITEMS

a. ORDINANCE - Second 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. ORDINANCE - Second Reading - Budget Ordinance

§ 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.

8. QUASI-JUDICIAL ITEMS

a. SUBJECT: SEU 09-02 Sanctified Church of God

5460 N State Road 7, Suite 124-127 (Plaza Central)

Special Exception Use request to permit a church, which is a Community Facility (CF) use, in a Community Business (B-2) Zoning District.

APPLICANT: Pastor Henock Chery

§ All interested parties wishing to speak on this item are sworn in

§ Staff presentation

§ Public Hearing opened

§ Public comments

§ Public Hearing closed

§ Commission discussion

§ Commission motion and vote

MOTION:

To approve the proposed Special Exception Use permit to operate a church in a Community Business (B-2) Zoning District subject to the conditions outlined in staff’s memorandum.”

9. ORDINANCES SECOND READING

a. Second Reading and Adoption:

Amendment to Chapter 106 “ZONING” of the City’s Code of Ordinances

(Automobile Detailing operations)

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.

10. 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 – SUBJECT: Special Event Permit (SPEV 09-02)

For the Luv of Basketball Inc. Pompano Park

APPLICANT: Wayne Sears, For the Luv of Basketball, Inc.

MOTION:

To approve For the Luv of Basketball, Inc. tournament to be held on March 10, 2010, in Pompano Park subject to conditions listed in staff’s memorandum.

b. RESOLUTION - Dedication of Our Lady Queen of Heaven Water Main

A RESOLUTION OF THE CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BY AND BETWEEN THE CITY AND OUR LADY QUEEN OF HEAVEN TO ACCEPT DEDICATION AND MAINTENANCE OF THE WATER MAIN (FIRE LINE) ON THE OUR LADY QUEEN OF HEAVEN PROPERTY; AND PROVIDING AN EFFECTIVE DATE.

c. RESOLUTION - 2008 Assistance to Firefighters Grant Amendment

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERALE, FLORIDA, AMENDING RESOLUTION 09-07-5468 ADOPTED ON JULY 28, 2009, AND AUTHORIZING THE EXPENDITURE OF FUNDS NOT TO EXCEED $23,400.00 FOR THE PURCHASE OF SEVEN (7) OPTICOM GPS SYSTEMS FROM GLOBAL TRAFFIC TECHNOLOGIES AS PART OF THE 2008 ASSISTANCE TO FIREFIGHTERS GRANT WHEREBY 90% OF THE FUNDING ($21,060.00) IS GRANT MONEY WITH THE CITY’S MATCH OF 10% ($2,340); PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

d. RESOLUTION - 2007 Assistance to Firefighters Grant

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE RETURN OF FUNDS NOT TO EXCEED $15,564.20 TO FEMA IN ORDER TO CLOSE OUT THE 2007 ASSISTANCE TO FIREFIGHTERS GRANT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

e. RESOLUTION - Proposed Legislation - Law Enforcement Services Assessment

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO EITHER ADOPT GENERAL LAW, OR TO APPROVE A LOCAL BILL TO EXPAND THE ABILITY OF LOCAL GOVERNMENTS TO LEVY SPECIAL ASSESSMENTS TO FUND LAW ENFORCEMENT SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

11. OTHER BUSINESS

a. SUBJECT: Special Event Permit (SPEV 09-03) Dignity Memorial Vietnam Wall , Bailey Memorial Gardens - 7801 Bailey Road

APPLICANT: Steven Parker, General Manager Bailey Memorial Gardens

Marlene Spano, Location Manager

MOTION:

To approve a special event permit for the viewing of the Dignity Memorial Vietnam Wall to be held on November 6-8, 2009, at Bailey Memorial Gardens, 7801 Bailey Road, subject to conditions listed in Staff’s memorandum.

b. RESOLUTION - County Inter-Local Community Shuttle Bus Agreement

§ Motion, second and vote to read

§ Attorney reads title Staff presentation

§ Staff presentation

§ Commission motion and second to adopt

§ Commission discussion

§ Commission motion and vote

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER, TO ENTER INTO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF NORTH LAUDERDALE FOR PUBLIC TRANSPORTATION SERVICES; PROVIDING FOR FUNDING; AND PROVIDING AN EFFECTIVE DATE.