SEPTEMBER 13, 2006
WORKSHOP – 4:30 P.M.
REGULAR MEETING– 5:30 P.M.
WATER CONTROL
DISTRICT BOARD OF SUPERVISORS
MEETING
IMMEDIATELY AFTER COMMISSION MEETING
MINUTES
WORKSHOP
1. Budget (Finance Director Raducci)
2.
The Commons
of North Lauderdale (Susan Motley & David Lipp)
Consensus of the Commission to take this item out of order. Susan Motley gave an update as to where the project is at this time. Ms. Motley said although dirt has not been turned yet work is being done to try to get the store open as soon as possible. There are a lot of agencies they need to get permits for various stages of the development. “It takes several months before you see dirt turning”.
Mayor Brady said the Commission is anxious to see the project come to fruition. Mr. Lipp stated that Walmart is very interested in getting the project completed and opened as soon as possible. “Walmart has a significant investment in the project”.
Mayor Brady said he hopes whatever hotel we get only serves a continental breakfast so as to not take away lunch and dinner sales from the restaurants. Mr. Lipp said that the restaurants are glad that there will be a hotel.
Commissioner Cangemi asked what restaurants will be coming in. Mr. Lipp said they have a list of 30 some of which is Bahama Blue, Applebees, Roadhouse Grill, Olive Garden, etc. Mayor said Mr. Sala will give the list to the Commission. Mayor thanked Mr. Lipp & Ms. Motley. Commissioner Hilton wants to know what Walmart will do with old store. Ms Motley said the store should be functioning in the best manner possible until the new store opens. Mr. Sala asked why everyone is biting at the bit because they are worried that we might lose some of the better restaurants to other cities.
REGULAR MEETING
The North Lauderdale City Commission met on September 13, 2006 at the Municipal Complex. The meeting convened at 5:30 p.m. Mayor Brady asked for a moment of silence in memory of Commissioner Cangemi’s mother who passed away this week.
1. INVOCATION & PLEDGE OF ALLEGIANCE – Commissioner Cangemi
2.
ROLL CALL
Present:
Mayor J. Brady
Vice Mayor R. Moyle
Commissioner G. Frankel
Commissioner J. Cangemi
Commissioner D. Hilton
City Manager R. Sala
City Clerk C.M. Dyer
City Attorney S. Goren
3. APPROVAL OF MINUTES - July 11, 2006
Motion to approve made by Commissioner Frankel and seconded by Commissioner Cangemi. All yes.
4.
PRESENTATIONS
a. Plaque presented to Nelson Canizares in recognition of his being named “the Nation’s Paramedic of the Year” Presented by Chief Turpel.
b. Proclamation - Prostrate Cancer Awareness Month –September, 2006
c. Proclamation
-
d. Proclamation – International Association of Fire Fighters Week – September 1 to September 11, 2006.
e. Proclamation – National Alcohol & Drug Addiction Recovery Month
f. Proclamation – Hard of Hearing Month
5. PUBLIC DISCUSSION – (Limited to 3 minutes maximum per person. The Mayor may allow more time. Each person who addresses the Commission shall step up to the Speaker’s Podium and shall give his/her name and address.)
Mr. Dowling 1303 Blvd of Champions. Trouble comes to me. Recently a bullet was shot through my window. I paid for the repairs out of my pocket. Police refused to give me a copy of the police report. The incident was kept quiet and did not appear in any of the media. He said that an incident concerning ducks was shown on TV and the police answered the call. He said it is a sorry thing when ducks take precedence over humans. Mayor Brady told Mr. Dowling to send us the bill.
The following speakers complained that their tax bills are too high. They asked the Commission to cut the budget so that the taxes can be lower.
Pam Leontsinis, Debra Savitz, Lyndy Brown, Oletrich Willke, Algama Lalta, Brenda Baranello, Patricia Sloan, Brian & Kim Patrick, Jeffrey Lampkin, John Penn, Karen Williams, Florian Bazin, Rechette Excell, Valerie Padilu, Abraham Flynn,
Joe Janosik said he feels the Commission is doing a good job and have worked the tax matter out to the best of their ability. We need the services and the services need to be paid for.
Mayor Brady thanked all who came out to express their opinion on the budget. He said everyone who wishes to speak can do so. He explained the need for taxes to provide services to our citizens. He said the Commission wants to hear from the public as to what you would suggest we cut so as to lower the tax. He outlined some of the improvements the City is planning to make. He announced that the second budget hearing will be on September 21, 2006, 7:00 p.m. Vice Mayor Moyle thanked the audience for their decorum and advised that even though the millage is passed at tonight’s meeting it does not mean that it cannot be lowered at the next and final budget meeting. He said the Commission can each go back to see what and where to cut the budget so that the millage can be decreased. Consensus of the Commission was to agree with the Vice Mayor and to have a workshop before the next meeting to discuss the recommended changes.
Mr. Sala said that 4 items will be taken up tonight; tax rate, fire assessment, the water and sewer rate and the 06/07 budget. Finance Director Raducci explained each of the items. He outlined the City’s vision for the future and gave a rundown of the items covered in the budget and the costs involved.
6.
BUDGET RELATED
ITEMS
a.
Ad Valorem
Tax Rate – Ordinance First
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 6.9292 MILLS FOR THE 2006 TAX YEAR REPRESENTING AN INCREASE OF 45.77% 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 .2849 MILLS FOR THE 2006 TAX YEAR, SPECIFICALLY TO SERVICE, AND ONLY TO SERVICE, THE DEBT INCURRED BY THE NORTH LAUDERDALE 1979 AND THE 2004 GENERAL OBLIGATION BOND ISSUES, FOR A TOTAL CITY OF NORTH LAUDERDALE 2006 TAX YEAR AD VALOREM TAX MILLAGE LEVY RATE OF 7.2141 MILLS FOR ALL PURPOSES OR $7.2141 PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.
Motion by Commissioner Cangemi. Second by Commissioner Hilton.
Motion approved 4 to 1 (Commissioner Frankel dissenting)
b.
Resolution
– Fire Rescue Assessment Annual Rate Resolution for FY beginning October 1,
2006
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, 2006; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT
ROLL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
Motion by Commissioner Frankel. Seconded by Commissioner Cangemi. All yes.
RESOLUTION 06-09-5038 PASSED AND ADOPTED
UNANIMOUSLY.
c.
Ordinance
Second
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING APPENDIX
“F” OF THE CITY CODE OF ORDINANCES, ENTITLED “FEES,” AND IN PARTICULAR, SECTION
60, THEREOF, ENTITLED “WATER AND SEWER GENERALLY,” OF THE CODE OF ORDINANCES OF
THE CITY OF NORTH LAUDERDALE, FLORIDA, IN ORDER TO REVISE THE MONTHLY RATES AND
CHARGES FOR WATER AND SEWER IN THE CITY OF NORTH LAUDERDALE, FLORIDA; ACCEPTING
THAT CERTAIN WATER AND WASTEWATER UTILITY RATE STUDY PERFORMED AND PREPARED BY
CALVIN, GIORDANO AND ASSOCIATES, INC., WHICH IN PART FORMS THE BASIS OF THIS
AMENDMENT TO THE WATER AND SEWER RATES OF THE CITY OF NORTH LAUDERDALE,
FLORIDA; PROVIDING FOR THE PROVISION OF NOTICE PURSUANT TO SECTION 180.136,
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Cangemi moved to adopt. Seconded by Commissioner Frankel. All yes.
ORDINANCE 06-09-1174
PASSED AND ADOPTED UNANIMOUSLY.
d.
FY 2006/2007
Budget – Ordinance First
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 11, 2006, AND AS REVISED AND APPROVED ON SEPTEMBER 13, 2006 AS THE CITY OF NORTH LAUDERDALE’S FINAL BUDGET FOR THE 2006/07 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, 2006, AND AUTHORIZATION TO RE-APPROPRIATE ALL UNEXPENDED CAPITAL APPROPRIATIONS, INCLUDING LAPSED CAPITAL OUTLAY ENCUMBRANCES, IN THE 2006/07 BUDGET YEAR PROVIDING FOR SEVERABILITY; AND, PROVIDING AN EFFECTIVE DATE.
Vice Mayor Moyle moved to pass on first reading. Seconded by Commissioner Hilton.
ORDINANCE PASSED ON
FIRST
City Attorney Goren announced for the record that the final public hearing on the budget and millage will be at 7 p.m. on September 21, 2006.
Mayor Brady welcomed Sheriff Ken Jenne and asked the Commission to take the Sheriff’s item out of order to accommodate him. Commissioner Hilton moved to move 8 ( a ) to this position on the agenda. Seconded by Commissioner Frankel. All yes.
8 (a )
Renewal of Law Enforcement Services – Broward County Sheriff’s Office For the Fiscal Year beginning October 1, 2006
Motion to read by Vice Mayor Moyle. Seconded by Commissioner Frankel. All yes.
Attorney read:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH
LAUDERDALE, FLORIDA, AUTHORIZING THE MAYOR AND VICE MAYOR TO ENTER INTO THE
ATTACHED AGREEMENT BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND KENNETH C.
JENNE, II, SHERIFF OF BROWARD COUNTY; FOR LAW ENFORCEMENT SERVICE; AND
PROVIDING AN EFFECTIVE DATE.
7. QUASI JUDICIAL ITEMS
a.
NAME OF APPLICANT: Investment at
PROJECT NAME:
PROJECT LOCATION: East
side of State Road 7, south of Prospect
Road
PROJECT DESCRIPTION: Land
Use amendment to the City of North Lauderdale land use map to amend
approximately 39.786 gross acres of Irregular (8) Residential to Residential Medium Density-RMD (10.1 to
16 du/acre)
All interested parties were sworn in by City Attorney. Presentation by Ms. Reed.
She explained the amendments to the land use map.
Subsequent to the submittal of the land use amendment, it was identified that .401 gross acres of this site is currently designated commercial land use. The applicant has requested that this area which is adjacent to State Road 7 not be included in the amendment package. This area may be used for an entryway but it will not be used for residential purposes, therefore, it is not required that the land use be changed. This was confirmed by the Broward County Planning Council. An amended legal description excluding this area was provided to the City Attorney to be read into the record.
Motion to read as amended by Vice Mayor Moyle and seconded by Commissioner Hilton.
Attorney read:
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING THE NORTH LAUDERDALE COMPREHENSIVE LAND USE PLAN IN ACCORDANCE WITH CHAPTER 163, SECTION 163.3184 OF THE FLORIDA STATUTES, TO PROVIDE THE CHANGE OF APPROXIMATELY 39.029 NET ACRES (39.786 GROSS ACRES) OF LAND LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, TO-WIT: THAT CERTAIN TRACT OF LAND DESCRIBED AS “DESCRIPTION:
A PORTION OF THE NORTHWEST ONE
QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 42 EAST,
COMMENCING AT THE NORTHWEST
CORNER OF SAID NORTHWEST ONE QUARTER; THENCE ON AN ASSUMED BEARING OF S
89°08’58” E, ALONG THE NORTH LINE OF SAID NORTHWEST ONE QUARTER, A DISTANCE OF
1320.59 FEET TO THE NORTHEAST CORNER OF THE WEST ONE HALF OF SAID NORTHWEST ONE
QUARTER; THENCE S 01°38’08” E, ALONG THE EAST LINE OF THE WEST ONE HALF OF SAID
NORTHWEST ONE QUARTER, A DISTANCE OF 73.22 FEET TO THE POINT OF BEGINNING OF
THIS DESCRIPTION, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF
PROSPECT ROAD; THENCE CONTINUE S 01°38’08” E, ALONG THE LAST DESCRIBED COURSE,
A DISTANCE OF 1946.69 FEET; THENCE N 89°59’57” W, A DISTANCE OF 10.00 FEET;
THENCE S 01°38’ 08” E, ALONG A LINE PARALLEL WITH AND 10.00 FEET WEST OF AS
MEASURED AT RIGHT ANGLES TO THE EAST LINE OF THE WEST ONE HALF OF SAID
NORTHWEST ONE QUARTER, A DISTANCE OF 33.07 FEET; THENCE S 89°55’14” W, A
DISTANCE OF 963.95 FEET; THENCE N 01°31’ 38” W, ALONG A LINE PARALLEL WITH THE
WEST LINE OF SAID NORTHWEST ONE QUARTER, A DISTANCE OF 1358.56 FEET; THENCE S
89°08’58” E, ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST ONE
QUARTER, A DISTANCE OF 386.30 FEET; THENCE N 01°31’38” W, ALONG A LINE PARALLEL
WITH THE WEST LINE OF SAID NORTHWEST ONE QUARTER, A DISTANCE OF 636.90 FEET TO
A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID PROSPECT ROAD; THENCE S
89°08’58” E, ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND A LINE PARALLEL WITH
AND 73.15 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID
NORTHWEST ONE QUARTER, A DISTANCE OF 584.43 FEET TO THE POINT OF BEGINNING. SAID
LAND SITUATE, LYING AND BEING IN
BE CHANGED FROM IRREGULAR 8 RESIDENTIAL TO RESIDENTIAL MEDIUM DENSITY-RMD (10.1-16 DU/A) (THE ALLOCATION OF
FLEXIBILITY OR RESERVE UNITS BY THE CITY IS NOT REQUIRED); PROVIDING THAT THE OFFICIAL LAND USE MAP OF
THE CITY OF NORTH LAUDERDALE SHALL BE AMENDED TO REFLECT SAID LAND USE CHANGE;
DIRECTING STAFF TO TRANSMIT THE AMENDMENT TO THE LAND USE PLAN TO THE BROWARD
COUNTY PLANNING COUNCIL WITH INSTRUCTIONS TO TRANSMIT CONCURRENTLY TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR LARGE SCALE REVIEW; PROVIDING FOR
CONDITIONS; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.
The applicant’s counsel Susan Delagar introduced
the people that were with her, and made presentation on behalf of the
applicant.
Public Hearing opened. No comments.
Public Hearing closed. Commissioner
Frankel moved to approve as amended. Seconded by Commissioner Cangemi. All yes.
ORDINANCE PASSED ON FIRST
READING UNANIMOUSLY.
b.
SPRINT-NEXTEL
- VARIANCE - VAR 06-04 – Ordinance
First
NAME
OF APPLICANT: Sprint-Nextel
PROJECT NAME: Expansion of
PROJECT LOCATION:
PROJECT DESCRIPTION:
Attorney swore in all interested parties. Applicant needs variance in order to install generator for emergency use.
Presentation by T. Reed.
Commissioner Cangemi moved to read. 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 expand
the existing tower site and permit fence with green slats without a landscape
buffer as required by Section 106-186.1 (7) (ii); 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.
Motion to pass on first reading made by Commissioner Frankel. Seconded by Commissioner Cangemi. Public Hearing: Dawn Janosik said she is surprised that they would substitute a green slated fence for landscaping. “The City lost too much landscaping during Wilma”. Public Hearing closed.
ORDINANCE PASSED ON FIRST READING UNANIMOUSLY.
c. SPRINT-NEXTEL - SITE PLAN APPROVAL - SPR 06-04 (preliminary and final)
NAME
OF APPLICANT: Sprint-Nextel
PROJECT NAME: Expansion of
PROJECT LOCATION:
PROJECT DESCRIPTION: Preliminary and final site plan approval to expand
existing tower site located at 3601 W. Commercial Boulevard to install a
generator in a Light Industrial (M-1) zoning district.
All interested parties were sworn in by the City Attorney. Public hearing opened. No comments. Public Hearing closed.
Applicant Michael Smithson
representing Sprint agrees and concurs with the conditions as requested by
Staff. Commissioner Frankel made a motion to approve the Preliminary and Final Site Plan to expand the existing
tower site located at
SITE PLAN APPROVED UNANIMOUSLY.
8. OTHER BUSINESS - none
Vice Mayor Moyle moved to read the Consent Agenda. Seconded by Commissioner Frankel. All yes. Attorney Goren read:
a. Resolution - Sign Waiver (SWAV-06-03)
A RESOLUTION OF THE
CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING THE SIGN
WAIVER REQUEST FOR FOOT LOCKER, INC.,
LOCATED AT 1337 STATE ROAD 7, NORTH LAUDERDALE, FLORIDA, THEREBY PERMITTING THE
INSTALLATION AND MAINTENANCE OF A SIGN WITH 24” HIGH CAPITAL LETTERS; AND PROPORTIONATELY
SMALLER LETTERS ON A 29.17 SQUARE FOOT WALL IDENTIFICATION SIGN WHERE MAXIMUM
16 INCHES IN HEIGHT LETTERS ARE ALLOWED BY SECTION 94-16 (C) (2)c WITHIN A
GENERAL BUSINESS (B-3) ZONING DISTRICT.
RESOLUTION 06-09-5040
b.
Resolution -
Co-location of
A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF
RESOLUTION 06-09-5041
c.
Resolution -
Broward
A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF