CITY OF NORTH LAUDERDALE

COMMISSION MEETING

TUESDAY, JANUARY 8, 2008

REGULAR MEETING – 5:30 P.M.

 

 

MINUTES

 

 

1.                  INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Moyle

            gave the invocation.

 

2.                  ROLL CALL – All present

            Mayor Jack Brady

            Vice Mayor John R. Cangemi

            Commissioner Gary Frankel

            Commissioner Rich Moyle

            Commissioner David Hilton

            City Manager Richard Sala

            City Attorney Samuel Goren

            Interim City Clerk Patricia Vancheri

 

3.                  MINUTES – Commissioner Frankel made a motion to approve the minutes of December 11, 2007 as submitted.  Seconded by Vice-Mayor Cangemi.  All in favor.

 

4.                  PROCLAMATIONS – Interim City Clerk read the Proclamations for Martin Luther King Day and the Diversity Community Month.  Mayor Brady presented the Proclamations to Ernest King as a representative of the City of North Lauderdale’s Multi-Cultural Committee.

 

5.                  PRESENTATION –A power-point presentation was made by Mr. Lawrence Lawton of LL Research & Consulting Crisis Management.  Mr. Lawton’s program’s objective is geared toward counseling “at risk” youth in the communities in a manner similar to the “Scared Straight” program.  Mr. Lawton was seeking interest in the program which deals with gangs, drugs, crime and violence by intervention and counseling.  His program costs $60,000.00 a year.  After the presentation Mayor Brady said it may be possible to advertise on the City’s cable channel or check with the churches and schools to try to see if there is an interest from our residents, BSO and Broward county-wide.  The Commission’s consensus was that it was a good idea to gauge an interest in the community.

 

6.                  PUBLIC DICUSSION – No one signed up to speak.

 

7.                  QUASI-JUDICIAL ITEMS

 

a.      ORDINANCE - Second Reading and Final Adoption:

 

SUBJECT:           Izzy and Max Plat - PLT 07-01 (Final Plat Approval)

(West side of SR 7, North of Prospect Road)

Final plat approval to replat a portion of Tract 16 in the east ½ of Section 12, Township 49 South, Range 41 East according to the Plat of “Fort Lauderdale Truck Farms Company Plat” (approximately .4047 acres) as recorded in Plat Book 4, at Page 31 of Public Records of Broward County, Florida to be known as “Izzy and Max Plat” to be used for retail development

 

APPLICANT:       Pulice Land Surveyors, Inc.

 

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE FLORIDA, APPROVING AND ACCEPTING THE REPLAT OF LAND LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, KNOWN AS THAT CERTAIN TRACT OF LAND DESCRIBED AS a portion of Tract 16 IN THE EAST ½ OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST ACCORDING TO PLAT “Fort Lauderdale Truck Farms Company Plat” (approximately .4047 acres) as recorded in Plat Book 4, at Page 31 of Public Records of Broward County, Florida to be known as “IZZY AND MAX Plat” and to restrict the plat to the development of 6000 SQUARE FEET OF COMMERCIAL USE, AS MORE FULLY DESCRIBED HEREIN, SUBJECT TO INCLUSION OF PLAT NOTE; AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF NORTH LAUDERDALE, FLORIDA TO SIGN SAID PLAT AND AFFIX THERETO THE SEAL OF THE CITY OF NORTH LAUDERDALE, FLORIDA AND TAKE OTHER ACTION; ACCEPTING THE DEDICATION OF STREETS, ROADS, ALLEYS, SWALES, BRIDGES AND OTHER PUBLIC EASEMENTS AND OTHER DEDICATIONS; CONTINGENT UPON ACCEPTANCE BY THE BROWARD COUNTY BOARD OF COMMISSIONERS, AND OTHER CONTINGENCIES AS OUTLINED IN THIS ORDINANCE; VACATING, CANCELING, VOIDING, SUPERSEDING PRIOR PLATS; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE.

 

City Attorney Goren swore in interested parties.  A motion was made to read title by Commissioner Frankel, and seconded by Vice-Mayor Cangemi.  City Attorney Goren read the title.  Ms. Tammy Reed-Holguin presented the item to the Commission.  She indicated that the Commission approved the preliminary plat on the first reading on December 11, 2007 and is presenting the final plat for second reading and approval with the three conditions listed in the memorandum.  Ms. Fallon Washington from Pulice Land Surveyors was present to represent the applicant.  Ms. Washington stated that the applicant concurs with all the staff recommendations and has the authority to do so.  Mr. Sala also mentioned that the site in the development does match the redevelopment overlay for 441.  Public Hearing opened.  No discussion.  Public Hearing closed.  Motion to approve was made by Commissioner Frankel and seconded by Vice-Mayor Cangemi.  No Commission discussion.  All in favor.

 

ORDINANCE NO. 08-01-1203  PASSED AND ADOPTED UNANIMOUSLY

 

 

8.                  ORDINANCES SECOND READING

 

a.      Second Reading and Final Adoption:

 

SUBJECT: Amendment to create Section 82-308 Entitled “Penalty for Response to False Alarms at Unregistered Alarm Location”, by amending Article IV “Alarm Systems” of the City’s Code of Ordinances

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, CREATING SECTION 82-308, ENTITLED "PENALTY FOR RESPONSE TO FALSE ALARMS AT AN UNREGISTERED ALARM LOCATION" 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.

 

Commissioner Gary Frankel made a motion to read the title.  Vice-Mayor Cangemi seconded.  Attorney Goren read the title.  Ms. Reed-Holguin indicated to Commission that in January of 2002 the Commission adopted an Ordinance requiring the registration of burglar alarm systems and providing the ability of assessing fines for false alarms.  She further stated that there were still a significant amount of alarm systems within the City that were not registered, which generate false alarm calls, and the City does incur costs when responding to calls at the false alarm locations.  She recommended that a penalty of $50.00 be immediately assessed at the time that a false alarm is responded to at a property where the alarm is found not to be registered.  Ms. Reed-Holguin indicated that the Ordinance was approved on first reading on November 29, 2007 and is presenting the item for second reading and adoption.  Public Hearing opened.  No comments.  Public Hearing closed.  No Commission discussion.  Commissioner Frankel moved to approve.  Seconded by Vice-Mayor Cangemi.  All in favor.

 

ORDINANCE NO. 08-01-1204  PASSED AND ADOPTED UNANIMOUSLY

 

 

b.      Second Reading and Final Adoption:

 

SUBJECT:  Amendment to strengthen the City’s ability to address abandoned/foreclosed real property through Code Enforcement efforts, by specifically amending Chapter 26 “Health and Sanitation” Article III “Abandoned Property” of the City’s Code of Ordinances

 

 

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.

 

 

Commissioner Frankel moved to read title.  Seconded by Vice Mayor Cangemi.  Attorney read the ordinance.  Jesus Valdes indicated that at the direction of the Commission, the City Attorney’s office worked in conjunction with the City’s Community Development Department to draft an ordinance to assist the City in maintaining and regulating abandoned real property and vacant properties.  He further stated that the Commission approved the ordinance on the first reading on November 29, 2007, and is presenting the ordinance for second reading and adoption.  Public Hearing opened.  No comments.  Public Hearing closed.   Commissioner Frankel moved to approve; seconded by Vice-Mayor Cangemi.  No Commission discussion.  All in favor.

 

ORDINANCE NO.  08-01-1205  PASSED AND ADOPTED UNANIMOUSLY

 

 

9.                  CONSENT AGENDA

 

A motion was made by Commissioner Frankel to read the consent agenda.  Seconded by Vice-Mayor Cangemi.  City Manager Sala requested that item 9 (b) be removed from the consent agenda to give the City Attorney and Staff more time to review the agreements with the providers to make sure the insurance and other issues are in place before use of City property and it will be brought back at a later time.  City Attorney read the consent agenda.

 

a.      SUBJECT – NORTH LAUDERDALE DAYS 2008

 

                                            i.            RESOLUTION –2008 NORTH LAUDERDALE DAYS  – Friday, May 2nd  and Saturday, May 3rd, 2008

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ESTABLISHING MAY 2 AND MAY 3 AS NORTH LAUDERDALE DAY (S) FOR THE YEAR 2008, WITH AN ALTERNATIVE DATE OF APRIL 25 AND 26, IN THE CITY OF NORTH LAUDERDALE; PROVIDING FOR COMPLIANCE WITH THE TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 81-3-409 WHICH DID CREATE AND ESTABLISH “NORTH LAUDERDALE DAYS’ AS DAYS TO OCCUR AS A FESTIVE EVENT AND CELEBRATION OF THE CITY OF NORTH LAUDERDALE; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-02-5201

 

 

                                          ii.            RESOLUTION – Authorizing the City Manager to contract with Style Entertainment in an amount not to exceed $17,000.00 for musical entertainment for North Lauderdale Days 2008

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO CONTRACT WITH STYLE ENTERTAINMENT IN AN AMOUNT NOT TO EXCEED $17,000.00 FOR ENTERTAINMENT AS PART OF NORTH LAUDERDALE DAYS 2008; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-01-5292

THIS ITEM WAS PULLED FROM THE CONSENT AGENDA:

b.      RESOLUTION:   Agreements with Keiser Career College, Inc., Broward County School Board for Broward Community College, Florida Medical Training Institute, and Professional Medical Career Center to allow Emergency Medical Technician and Paramedic students to ride with the City’s Fire Rescue Department for Educational and Training purposes

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH KEISER CAREER COLLEGE, INC., BROWARD COUNTY SCHOOL BOARD FOR BROWARD COMMUNITY COLLEGE, FLORIDA MEDICAL TRAINING INSTITUTE AND PROFESSIONAL MEDICAL CAREER CENTER, TO ALLOW EMT AND PARAMEDIC STUDENTS TO RIDE WITH THE NORTH LAUDERDALE FIRE RESCUE DEPARTMENT FOR EDUCATIONAL AND TRAINING PURPOSES; AND PROVIDING AN EFFECTIVE DATE.

 

 

 

 

c.       RESOLUTION:   Agreement with Broward County Property Appraiser’s Office for Fire Assessment Notification Services

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER ON BEHALF OF THE CITY OF NORTH LAUDERDALE, FLORIDA TO ENTER INTO AN AGREEMENT BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND THE BROWARD COUNTY PROPERTY APPRAISER FOR THE CONTINUATION AND NOTIFICATION OF FIRE RESCUE ASSESSMENT AT A COST OF $0.50/PARCEL; AND, PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO. 08-01-5294

 

 

d.      SUBJECT:           REQUEST TO EXTEND HOURS OF OPERATION FOR A FUNDRAISING EVENT

 

APPLICANT:       Polish American Club of Fort Lauderdale, Inc.

935 Rock Island Road, North Lauderdale

 

MOTION:  To approve the Polish American Club’s special fundraising event for the Great Orchestra of Christmas Foundation and to permit to remain open and sell/serve alcohol until 3:00 a.m. on Saturday, January 12, 2008.

 

At the end of the reading of the consent agenda, Mayor Brady allowed Mr. Tony Pienkowski of the Polish American Club to address the Commission.  Mr. Pienkowski thanked the Commission for consideration of the request to remain open until 3:00 a.m., but offered to close at 2:00 a.m. if that was the direction of the Commission.  Mayor Brady asked if food would be served and the applicant replied just to the orchestra and staff, but not the patrons.  Mr. Sala suggested keeping the time at 2:00 a.m. if no food was served.  Mr. Pienkowski said there is no special request from Sheriff’s Office, but Chief Cavallo said they would be keeping a watch for safety.  Consensus of Commission was to approve the request as read and allow staying open until 3:00 a.m. Commissioner Frankel moved to adopt the consent agenda as read.  Commissioner Hilton seconded.  All in favor.

 

CONSENT AGENDA APPROVED UNANIMOUSLY

 

10.              OTHER BUSINESS

 

 

a.      RESOLUTION -  Proposed Amendment: Interlocal Agreement between Broward County, Local Governmental Entities and the Broward County School Board for Public School Facility Planning

 

·        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, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AND EXECUTE THE AMENDED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO DO ALL THINGS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Commissioner Frankel moved to read, seconded by Vice-Mayor Cangemi.  Attorney read title.  Ms. Tammy Reed-Holguin presented the item.  She indicated that the City of North Lauderdale entered into an interlocal agreement with the Broward County School Board local governments in the County in April of 2003 pursuant to the requirements of the Senate Bill 1906 relating to growth management.  Ms. Reed-Holguin said these same entities are now required to execute an amended version of the agreement in conjunction with the adoption of the new Public School Concurrency policies.  She said this has to be done in order to comply with the Statute by January 18, 2008.  Further, she said in the event any of the entities fail to execute the agreement, penalties could be assessed on each one of them.  Ms. Reed-Holguin said the City has already taken steps to comply with the new concurrency law by adopting a new Public Schools Facilities element within their Comprehensive Plan that the Commission has approved and which has been transmitted to the Department of Community Affairs.  She indicated that the document presented tonight will implement that Public Schools element within the Comprehensive Plan and is the amendment to the agreement between the County , the School Board and the other Cities.  She further said there has been a staff working group that has been working on developing these policies over the past year for inclusion in the amended agreement.  Ms. Reed-Holguin said the two steps that have to be taken is the adoption of the amendments to the interlocal agreement  to implement concurrency and the adoption of the Public Schools Facilities Concurrency policy with the local government’s comprehensive plan.  She said this will be the second part of the process that the City Commission will take tonight and was asking approval of the agreement to transmit it back to the School Board.  Commissioner Frankel made a motion to approve, which was seconded by Vice Mayor Cangemi.  No Commission discussion.  All in favor.

 

RESOLUTION NO. 08-01-5295 APPROVED UNANIMOUSLY

 

 

11.              REPORTS

 

a.      CERT (Community Emergency Response Team) –Chief Kevin Bowman

 

Chief Bowman presented a report on Community Emergency Response Team which he said had been around for a long time and whose primary mission is to help prepare and assist individuals, families and neighbors in the event of a disaster.  He said CERT members are trained, and able to support first responders in the event of a natural emergency when emergency services are over-whelmed because of the disaster itself. He said the members are trained to assist the community’s EMS when resources are stretched thin.  Chief Bowman also said their training includes a component for terrorism and man-made disasters, but primarily for natural disasters.   He said the program was originated in Los Angeles in 1985 and adopted by the Federal Emergency Management Agency in 1993.  Chief Bowman further outlined seven different modules of training for the program, which are delivered over a seven week period.  He said the costs of the program include outfitting CERT members with equipment, liability costs, training, worker’s compensation liability insurance and possibly radio equipment costs, program and administration costs, instructor’s preparation time and delivery time, utilization of the training facility and classrooms, data-base for tracking the CERT members training, and printing of materials.  He said there are roughly 200 CERT teams in America, with many in this area.  He said the teams are requiring background checks and drug-testing which is an additional cost.  Chief Bowman said grants may be available from FEMA or National Citizens’ Corps, but not immediately, and start up costs would come out of the City budget.  He also said they could look for donations for a CERT team down the road.  He said an effective CERT team would consist of around 24 to 36 active members.   Chief Bowman advised of the nearby cities who had active CERT teams.  Commissioner Frankel said it sounds like a good idea if funding were available.  Commissioner Hilton said he brought up the issue because he had seen this in other cities programs and says he thinks it would be useful in natural disasters to have a team we can call on.  Commissioner Hilton said he would like to see what the cost would be.  City Manager Sala said would you like to make it a part of the next budget cycle?   He also said the City would probably have to put up some seed money and try to find something, possibly a recent grant that may be approved to help with the fire department and will look into that.  Mr. Sala further said they would have to see what kind of interest and commitment they could get from the public.  He said they would look into it to take it to the next step and report back.  Chief Bowman said he will look into the best way to attract a group who would be interested to be retained. Mayor Brady said to check with some of the churches for volunteers.  Mayor Brady asked if there was a list of shut-ins and Chief Bowman said yes, it is a list of “vulnerable population” and they can check on them.

 

12.              COMMISSION COMMENTS

 

a.      Commission Meeting Date Change from Tuesday, January 29, 2008, to Tuesday, January 22, 2008 at 7:00 p.m., due to Presidential Primary Elections

 

After discussion, Commissioner Frankel made a motion to change the date of the next Commission meeting to Thursday, January 24, 2008 at 7:00 p.m.  Seconded by Commissioner Hilton.  All yes.

 

b.      Discussion and possible motion regarding Boys & Girls Club permit fee

 

A motion to reimburse the Boys & Girls Club permit fee of was made by Commissioner Frankel and seconded by Commissioner Moyle.  City Manager Sala stated for the record that an effort was made to try to get the County to reimburse because it is County staff which charges for the service, and there may be a small possibility it may happen, but not to date.  Tammy Reed-Holguin said the permit fee has not actually been paid by the Boys and Girls Club, so it would actually be a waiver.  After discussion, Commission consensus was that the limit of reimbursement would be not to exceed $630.81.  All in favor.

 

Commissioner Moyle discussed the lowering of the water level in Lake Okeechobee and spoke about the water level of the City’s canals and the possible intrusion of salt water on the coastal communities and asked if we have any say in the lowering of our canals when the South Florida Water Management makes those decisions.  City Attorney Goren said that the City Commission, as a part of the City municipality corporation, has as much say as co-equal branch of government as the Water Management District.  He said if the Commission sought to adopt a resolution which would support a better or more refined version of how best to drain the swamps, that voice could be heard  Mr. Goren said at the direction of the Commission they would draft a resolution to oppose the Water Management District’s depletion of the lake level of Lake Okeechobee with regard to how it affects the southern basin.

 

Commissioner Moyle also commended the Parks and Recreation Department and Public Works Department for the holiday displays and tree lighting ceremony.

 

 

13.              CITY MANAGER COMMENTS - None

 

 

14.              CITY ATTORNEY COMMENTS

 

City Attorney Goren mentioned the public forums on tax reforms he attended in Hallandale and the upcoming forum in Coral Springs where he spoke to set the framework for what the premise is for the issue coming up on the January 29 ballot.  He invited the City to attend.

 

Mr. Goren further spoke about the resolution which was drafted and adopted by the City opposing the local bill at the delegation level which was the Broward Urban Independent Fire District   He said the delegation unanimously sent the bill to Tallahassee.  He said Chief Bowman was helpful in providing background information and other data to work with.  He said the bill is moving forward in Tallahassee and gave an update on the item.

 

Mr. Goren said at County Commission level they did approve certain documentation to permit if you so elect in the future to use special assessment methodology for waste collection and for street lighting assessments there is a waiver provision if you so desire to use it.

 

Mr. Goren addressed the correspondence from former Commissioner Tumin and for the record wanted to advise that he responded to the letter, and that the City is in full compliance with the State Constitution, State Statutes , the City’s Charter and the Code of Ordinances with regard to any and all outstanding bond transactions contemplated or ever offered by the City.  He further advised that the city has had outside bond counseling by a statewide law firm and a financial advisor.  He further stated that he cannot provide legal advice to a third party, but that all records requested by Mr. Tumin were provided.  He further stated that the allegations by Mr. Tumin were blatantly incorrect.  Mr. Goren wants the record to reflect that now, rather than in the future.  He suggests that Mr. Tumin should look carefully at the Florida constitutions and look also at the issues with regard to the Strand decision and the Supreme Court ruling.

 

15.              ADJOURNMENT -  There being no further discussion, the meeting adjourned at approximately 6:50 p.m.

 

Respectfully submitted,

 

Patricia Vancheri, Interim City Clerk