CITY OF NORTH LAUDERDALE

COMMISSION MEETING

MARCH 28, 2006 – 7:00 P.M.

MINUTES

1. INVOCATION AND PLEDGE OF ALLEGIANCE – City Clerk Dyer

2. ROLL CALL

Present:

Mayor Jack Brady

Vice Mayor Rich Moyle

Commissioner Gary Frankel

Commissioner John Cangemi

Commissioner Bruce J. Tumin

City Manager Richard Sala

City Clerk C. Milli Dyer

Asst. City Attorney Julie Klahr

3. ELECTION ITEMS

a. City Clerk reads results of March 14, 2006 Election – District “D” as follows:

		Percent
PRECINCTS COUNTED	3	100%
REGISTERED VOTERS	3,793
BALLOTS CAST	236	6.22%
DAVID G. HILTON	132	55.93% OF VOTES CAST
BEN MYERS	56	23.73% OF VOTES CAST
BRUCE J. TUMIN	48	20.34% OF VOTES CAST

b. Resolution approving results of Election

· Commissioner Frankel moved to read. Seconded by Commissioner Cangemi. All yes. Attorney read:

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND ACCEPTING THE ACCURACY OF THE BROWARD COUNTY CANVASSING BOARD’S CANVASS OF THE ELECTION RESULTS OF THE MARCH 14, 2006, GENERAL ELECTION; AND, PROVIDING AN EFFECTIVE DATE.

Vice Mayor Moyle moved to adopt. Seconded by Commissioner Cangemi. All yes.

RESOLUTION 06-03-4983 passed and adopted unanimously.

c. City Clerk calls Commissioner Hilton to take his seat on the Dais

d. Oath of Office to Successful Candidates

i. Rich Moyle as Commissioner (was unopposed) – sworn in by City Clerk Dyer

ii. Winning candidate David Hilton of District D sworn in by City Clerk Dyer

e. Selection of Vice Mayor by City Commission - Commissioner Cangemi nominated Commissioner Moyle as Vice Mayor. Seconded by Commissioner Hilton. All yes

f. Oath of Office to Vice Mayor Moyle – administered by City Clerk Dyer

INTERMISSION

4. ROLL CALL

Present:

Mayor Brady

Vice Mayor Moyle

Commissioner Frankel

Commissioner Cangemi

Commissioner Hilton

City Manager Sala

City Clerk Dyer

Asst. City Attorney Klahr

5. MINUTES

a. February 28, 2006 – Commissioner Frankel moved to approve the minutes as submitted. Seconded by Commissioner Cangemi. All yes.

MINUTES OF 2-28-06 APPROVED UNANIMOUSLY.

b. FPE Impasse Meeting - February 14, 2006 (corrected) Commissioner Frankel moved to approve as corrected. Seconded by Commissioner Cangemi. All yes

MINUTES OF FPE IMPASSE MEETING APPROVED UNANIMOUSLY.

6. PRESENTATIONS

a. Recognition Award to outgoing Commissioner Tumin presented by Mayor Brady. Former Commissioner Tumin enumerated some things that were accomplished during his tenure

7. PUBLIC DISCUSSION

Roni Desorda – 7412 SW 14^th Place – complained about bushes taken down eliminating privacy. Wants it taken care of quickly.

Paul Prentiss – spoke of same complaint. No privacy. Area looks like a landfill. Please act as fast as possible.

Mrs. Prentiss – complained about noise from Wal-Mart and trash all over.

Rose Foster – 1429 SW 14^th Place “ No back yard. Just like open space with trash and rubbish. No privacy.”

Edmund Lopez – 7408 SW 14^th Place - Also complained about loss of privacy and can’t sleep at night.

Bruce Tumin – objected to some statements made by the Commission at the last meeting saying that the City does not subsidize the Boys/Girls club. He said the budget allocates $18,000.00 to this organization.

Susan Beatty – 5290 NW 36^th Street “Very disappointed at voter turnout. Now is the time to broadcast the meetings live to involve the residents. Many people work and will not be able to make 4 pm. Meetings. Citizens urge the commission not to eliminate the affordable housing. (mobile homes). “

Kiki Quinton – 7444 SW 14^th Place - also complained about the cut trees and lack of privacy. People using their backyards to change clothes, etc

Betty Fair – 7440 SW 14^th Place - had same complaints. Said she is concerned with city’s lack of concern. “We need our safety and privacy”

8. QUASI-JUDICIAL - ORDINANCES SECOND READING

Motion to table made by Commissioner Frankel and seconded by Vice Mayor Moyle. All yes.

a. DELEGAL PLAT - LAND USE AMENDMENT - ZLU 06-01 A Ordinance Second Reading

East side of State Road 7, North of Florida Turnpike

This item is not scheduled for second reading at this meeting. However, it was mistakenly advertised, therefore a motion to table is now in order.

Applicant	United Homes International
Project Name	Delegal Plat
Project Address	East side of State Road 7, North of Florida Turnpike
Project description	Land Use Amendment ZLU 06-01 A

MOTION TO TABLE APPROVED UNANIMOUSLY.

b. REZONING – ZLU 04-02B

Ordinance Second Reading and Adoption:

Applicant	Broward Townhomes Realty Group Inc.
Project Name	North Lauderdale Townhomes
Project Address	East side of State Road 7, North of McNab Road ZLU 04-02 B North Lauderdale Townhomes
Project description	Zoning Amendment ZLU 04-02B to the City of North Lauderdale Zoning Map to rezone approximately 3.00 gross acres of Community Business (B-2) and 1.00 gross acre of Community Facility (CF) to Residential Medium Density (RM-16).

All interest parties were sworn in by Attorney. Vice Mayor Moyle moved to read the ordinance. Seconded by Commissioner Frankel. All yes. Attorney read:

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, TO WIT:A PORTION OF PARCEL A OF THE PLAT OF “ALEXANDER HAMILTON NATIONAL BANK PLAT NO. 1” AND A PORTION OF TRACT 3, BLOCK 96 OF THE PLAT OF “PALM BEACH FARMS COMPANY PLAT NO. 3”, MORE PARTICULARLY DESCRIBED IN SECTION 1 BELOW FROM ZONING CLASSIFICATIONS COMMUNITY BUSINESS (B2) AND COMMUNITY FACILITY (CF) TO RESIDENTIAL MEDIUM DENSITY (RM-16); 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.

Staff presentation by Community Development Director Reed. She discussed both North Lauderdale Town homes items. Public hearing opened. No comments. Public hearing closed. Commissioner Frankel moved to adopt. Seconded by Commissioner Cangemi. All yes.

ORDINANCE 06-03-1152 PASSED AND ADOPTED UNANIMOUSLY.

c. VARIANCE – VAR 06-01

Ordinance Second Reading GF RM ALL YES

Applicant	Broward Town homes Realty Group Inc.
Project Name	North Lauderdale Town homes
Project Address	East side of State Road 7, North of McNab Road VAR 06-01
Project description	To grant the variances to the City of North Lauderdale Code of Ordinances to facilitate the development of North Lauderdale Town homes project.

All interest parties were sworn in by Attorney. Vice Mayor Moyle moved to read the ordinance. Seconded by Commissioner Frankel. All yes. Attorney read:

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND GRANTING A VARIANCE FROM THE NORTH LAUDERDALE CODE OF ORDINANCES, TO PERMIT THE 13.83 FEET SETBACK ON THE EAST SIDE OF BUILDING NUMBER 3 ABUTTING THE STREET, AS OPPOSED TO THE 20 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION 106-330 (c)(3); TO PERMIT THE 5 FEET FENCE ON THE TOP OF 4 FEET RETAINING WALL, AS OPPOSED TO THE 6 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION 106-184 (7)(b); 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

Since Ms. Reed covered the presentation along with the prior item, the Mayor opened the Public hearing. No comments. Public hearing closed. Commissioner Frankel moved to adopt. Seconded by Commissioner Cangemi. Mayor Brady asked if the units would be rental or for sale. The developer said they would be for sale at about $275,000.00.

ORDINANCE 06-03-1153 PASSED AND ADOPTED UNANIMOUSLY.

9. CONSENT AGENDA

ITEM “9 a” removed from consent agenda.

a. RESOLUTION – Urging Legislature to Ensure Local Government Authority for the Cable TV Franchising. (P. Donovan)

Commissioner Frankel moved to read . Seconded by Commissioner Cangemi. All yes. Attorney read:

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, URGING CONGRESS, THE FLORIDA LEGISLATURE AND THE GOVERNOR TO ENSURE LOCAL GOVERNMENT AUTHORITY TO REQUIRE LOCAL FRANCHISES FOR THE PROVISION OF VIDEO SERVICES WITHIN ITS JURISDICTION; TO PROTECT EXISTING CABLE FRANCHISES AND LOCAL GOVERNMENT FRANCHISING AUTHORITY, AND TO PROTECT LOCAL GOVERNMENTS’ AUTHORITY TO PROVIDE COMMUNICATIONS SERVICES, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO APPROPRIATE MEMBERS OF CONGRESS AND THE FLORIDA LEGISLATURE, THE GOVERNOR OF FLORIDA, THE NATIONAL LEAGUE OF CITIES AND THE FLORIDA LEAGUE OF CITIES; PROVIDING AN EFFECTIVE DATE.

Mayor Brady said we must keep our home rule.

Vice Mayor Moyle moved to adopt. Seconded by Commissioner Frankel. All yes.

RESOLUTION 06-03-4984 PASSED AND ADOPTED UNANIMOUSLY.

Commissioner Frankel moved to read the balance of the Consent Agenda. Seconded by Commissioner Cangemi. All yes. Attorney read:

b. RESOLUTION - Recreation Challenge Grant - North Lauderdale Field Bleachers - (M. Sargis)

A motion to adopt:

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING A PURCHASE OF 2 – 180 SEAT MOBILE BLEACHERS IN AN ANOUNT NOT TO EXCEED $70,000.00 FROM CENTURY INDUSTRIES; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE ALLOCATION OF FUNDS; AND, PROVIDING AN EFFECTIVE DATE.

RESOLUTION 06-03-4985

c. RESOLUTION - LAW ENFORCEMENT TRUST FUND

(L. Cavallo)

A motion to adopt:

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING THE RECOMMENDATION OF THE CITY ADMINISTRATION AND THE POLICE CHIEF AND AUTHORIZING EXPENDITURE NOT TO EXCEED $950.00 FROM THE LAW ENFORCEMENT TRUST FUND FOR THE PURCHASE OF BICYCLE HELMETS; AND PROVIDING AN EFFECTIVE DATE

RESOLUTION 06-03-4986

d. RESOLUTION - SWAV 05-05 Sign Waiver Request - Riverside Christian Fellowship 955 SW 71^st Avenue (T. Reed)

A motion to adopt:

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING THE SIGN WAIVER REQUEST BY RIVERSIDE CHRISTIAN FELLOWSHIP FOR RIVERSIDE CHRISTIAN FELLOWSHIP AND RIVERSIDE YOUTH CENTER, THEREBY PERMITTING THE INSTALLATION AND MAINTENANCE OF A 214 square foot wall identification sign whereAS 145 square feet is allowed by Section 94-16 (c)(2)a, with capital letters that are 30 inches in height and proportionately smaller letters whereAs 16” letters are allowed and a 60 inch logo (32.9 square foot) whereas a total of 42.8 square feet of logo or 20% of the total sign area is allowed by Section 94-18(b)(1)f; and An 83 square foot wall identification sign whereAS 74 square feet is allowed by Section 94-16 (c)(2)a, with capital letters that are 24 inches in height and proportionately smaller letters whereAS 16” letters are allowed and a 60 inch logo (26.8 square foot) whereas a total of 16.6 square feet of logo or 20% of the total sign area is allowed by Section 94-18(b)(1)f; AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION 06-03-4987

e. Resolution - Restated Inter-local Agreement between Broward County Clerk of Courts and the City for the Processing and Collection of Parking Citation Fines (T. Reed)

A motion to adopt:

A RESOLUTION OF THE CITY OF NORTH LAUDERDAL, FLORIDA TO APPROVE THE “RESTATED” INTERLOCAL AGREEMENT WITH HOWARD C. FORMAN, CLERK OF COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA TO PROVIDE FOR THE PROCESSING OF MUNICPAL PARKING TICKETS; 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.

RESOLUTION 06-03-4988

f. Resolution removing Lorenzo Woods from the Civil Service Board and appointing Marvin Gomez to the Civil Service Board as a principal member. (E. King)

A motion to adopt:

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, REMOVING LORENZO WOODS FROM THE CIVIL SERVICE BOARD, AND APPOINTING MARVIN GOMEZ AS A PRINCIPAL MEMBER OF THE NORTH LAUDERDALE CIVIL SERVICE BOARD; AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION 06-03-4989

g. Resolution urging Members of the Florida Legislature to Support the Comprehensive Reform Package Preserving Municipal Autonomy (A. Bhatty)

A motion to adopt:

A RESOLUTION OF THE COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2006 LEGISLATION SESSION; AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION 06-03-4990

Commissioner Frankel moved to approve the Consent Agenda as read. Seconded by Commissioner Cangemi. All yes.

CONSENT AGENDA APPROVED UNANIMOUSLY.

10. OTHER BUSINESS

a. Ordinance First Reading – Amendments to the City’s Code of Ordinance Provisions pertaining to Military Leave Personnel Policies (E. King)

Vice Mayor Moyle moved to read. Seconded by Commissioner Cangemi. All yes. Attorney read:

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 46, ENTITLED “PERSONNEL,” ARTICLE IX, ENTITLED “HOLIDAYS, VACATIONS, AND LEAVES,” SECTION 46-233 “MILITARY LEAVE” TO PROVIDE FOR COMPLIANCE WITH FEDERAL AND STATE REGULATIONS PERTAINING TO MILITARY LEAVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE

Staff presentation by Human Resource Director King. Vice Mayor Moyle moved to pass on first reading. Seconded by Commissioner Frankel.

ORDINANCE PASSED ON FIRST READING UNANIMOUSLY.

11. REPORTS

a. Certificate of Achievement for Excellence in Financial Reporting – City’s Comprehensive Annual Financial Report - September 30, 2004 (B. Raducci)

b. FY 2005 Comprehensive Annual Financial Report -CAFR (B. Raducci/ Tony Grau) Mr. Grau said everything went smoothly with the audit.

c. Hurricane Clean-up - Canal Update – (Verbal - M. Shields) -

d. Parks & Recreation Events Reminders (M. Sargis)

i) “Extravaganza Egg Hunt” – Saturday, April 1, 2006 – 10 AM at Sports Complex

ii) “Baseball Opening Day – Saturday, April 15, 2006 10 AM at the Sports Complex

iii) “North Lauderdale Days” - April 21-22, 2006

d. Post Wilma Building Services Update (T. Reed gave overview and explained the increase in permits and inspections every day.

12. CITY MANAGER COMMENTS

a. “Get Motivated” Seminar – Wednesday, March 29, 2006 at

Bank Atlantic Center, 8:00AM -5:00 PM

b. “Hurricane Preparedness Workshop” – Friday, March 31, 2006 at Westin Hotel, Cypress Creek Road,

8:00AM – 1:00 PM

c. “Broward Days” - April 4 - 5, 2006 Update given by Mr. Sala and Ms. Bhatty.

d. A motion to approve the Dates, Location and Facilitator for the “2006 Management/Commission Retreat “ Vice Mayor Moyle made the motion as stated above and to select Hutchinson Island. Seconded by Commissioner Cangemi. All yes.

MOTION APPROVED UNANIMOUSLY.

e. A motion to cancel April 11, 2006 Commission Meeting (set-up workshop before April 25, 2006 Commission Meeting at 5:00 was made by Commissioner Cangemi and seconded by Commissioner Hilton. All yes.