CITY OF NORTH LAUDERDALE

COMMISSION MEETING

JULY 29, 2008

REGULAR MEETING

MINUTES

The North Lauderdale City Commission met on Tuesday, July 29, 2008 at the Municipal Complex. The meeting convened at 7:00 p.m.

1. INVOCATION AND PLEDGE OF ALLEGIANCE –Mayor Brady gave the invocation.

2. ROLL CALL – Clerk called roll. All present.

Mayor Jack Brady

Vice Mayor John R. Cangemi

Commissioner Gary Frankel

Commissioner Rich Moyle

Commissioner David G. Hilton

City Manager Richard D. Sala

City Attorney Samuel S. Goren

Interim City Clerk Patricia Vancheri

3. MINUTES

a. June 24, 2008 – Commissioner Frankel moved to approve the minutes as submitted. Seconded by Vice Mayor Cangemi. Minutes approved unanimously.

4. PRESENTATIONS - None

5. PROCLAMATIONS

a. National Alcohol and Drug Addiction Recovery Month – Clerk read Proclamation proclaiming September, 2008 as National Alcohol and Drug Addiction Recovery Month in the City of North Lauderdale.

b. “Who Named America?” Youth Education Month – Clerk read Proclamation proclaiming the month of July, 2008 as “Who Named America? Youth Education Month” in the City of North Lauderdale.

6. PUBLIC DISCUSSION - None

7. ORDINANCES SECOND READING

a. ORDINANCE: Change of City Logo

Attorney read title:

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 2, “ADMINISTRATION”, ARTICLE 1, SECTION 2-1, ENTITLED “CORPORATE SEAL” TO PROVIDE FOR A CHANGE TO THE CITY’S LOGO FROM “CITY OF TOMORROW” TO “BUILDING A FUTURE”; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. Goren said it was never the intention of the drafting of the Ordinance to change the City Seal. He said what is being changed is simply the “tag line” or motto for the City, and the Ordinance might not be clear in the context of its intent. Mr. Goren requested the item be deferred and tabled to a future time, and said that seal is retained and maintained. Further, Mr. Goren said he is applying to Tallahassee for the appropriate trademarks that are required to preserve the seal and tag line, and asked that the matter be tabled for that purpose.

Commissioner Frankel moved to table. Seconded by Vice Mayor Cangemi. Motion to table approved unanimously.

8. CONSENT AGENDA

Commissioner Frankel made a motion to read. Seconded by Vice Mayor Cangemi. No items were pulled from consent agenda.

Attorney read consent agenda:

a. SUBJECT: Interlocal Agreements with the Broward County Permitting, Licensing and Consumer Protection Division to Contract:

i. RESOLUTION - Building Plan Review/Inspection Services and Building Official Services.

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, ATTACHED HERETO, BY AND BETWEEN THE CITY OF NORTH LAUDERDALE, FLORIDA AND BROWARD COUNTY, FLORIDA FOR INSPECTION, PLAN REVIEW, BUILDING OFFICIAL AND RELATED SERVICES TO BE PERFORMED BY THE BROWARD COUNTY PERMITTING, LICENSING AND CONSUMER PROTECTION DIVISION OF THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT; AND PROVIDING FOR AN EFFECTIVE DATE.

RESOLUTION NO. 08-07-5355

ii. RESOLUTION - Utilization of Broward County Minimum Housing/Unsafe Structures Board

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO THE INTERLOCAL AGREEMENT, ATTACHED HERETO, BY AND BETWEEN THE CITY OF NORTH LAUDERDALE, FLORIDA AND BROWARD COUNTY, FLORIDA FOR HEARINGS BY THE BROWARD COUNTY MINIMUM HOUSING/UNSAFE STRUCTURES BOARD; AND PROVIDING AN EFFECTIVE DATE.

RESOLUTION NO. 08-07-5356

Commissioner Frankel made a motion to approve. Seconded by Vice Mayor Cangemi. No Commission discussion. All yes.

CONSENT AGENDA APPROVED UNANIMOUSLY

9. OTHER BUSINESS

a. SUBJECT: Report: Permitted Community Facilities (CF) uses in all zoning districts except CF districts and recommendations pertaining to the CF zoning regulations.

Tammy Reed-Holguin, Community Development Director, reported that on February 12, 2008, the City Commission adopted Resolution No. 08-02-5303 which imposed a zoning in progress of community facility uses, so that the effectiveness of an Ordinance that was put in place by the Commission in 2003 could be assessed. Ms. Reed-Holguin said at that time the City had identified a need to better manage the development of community facility uses on lands that were not zoned “community facilities”. She said the need was based on two primary concerns; the conversion of commercial properties to non-business uses which impacts the City’s economic base and potential incompatibilities between community facilities uses being located or operated in business, industrial or residential zoning districts. She said to address these concerns, the City had adopted Ordinance No. 03-07-1089 that limited the cumulative gross floor area that could be devoted to community facilities in non CF zoning districts to no more than 20%. She said when the zoning in progress was put into place, it gave them an opportunity to look at how effective the Ordinance had been in controlling those uses. She said the Ordinance has been working well to control new community facility uses in properties that are non-community CF zoning. However, Ms. Reed-Holguin said that there are properties that exceed the 20% gross square footage utilized by community facilities, due to either “grandfathering” or non-compliance with the Ordinance. She said they are recommending two things. The recommend an amendment of the City Code to amortize out non-commercial uses that were grand-fathered, exempting those properties that are owned and occupied by the owner who operates a CF use in that space. Ms. Reed-Holguin said they would give those properties 10 years to come into compliance so that no more than 20% community facilities uses could be within those commercial areas. Further, she said if they own and operate a community facility, and that space is over 20%, they would be exempt, but only for those properties that are currently grandfathered in. She said they also recommend that enforcement action be stepped up against properties that are out of compliance to bring those remaining properties into compliance.

Ms. Reed-Holguin said if the Commission agrees with the recommendations, they will bring back an Ordinance amendment for consideration and would recommend that the zoning in progress stay in place until that Ordinance is brought back for second reading.

MOTION: To direct administration to proceed with the preparation of an Ordinance amending the current Code and to take the necessary action to implement the Code and bring properties into compliance.

Commissioner Frankel made a motion to adopt the recommendations. Seconded by Vice Mayor Cangemi.

Mayor Brady asked City Attorney if this would be a referendum on churches and schools in shopping centers. Attorney Goren said the administration took into consideration the federal laws governing places of worship and regulating CF uses. He said the recommendation by staff is an amendment to the Code which provides for a grandfathering protection and providing for an amortization for those non-compliant uses over a 10 year period. Mr. Goren said it is not adverse to religion nor does it hamper religious activities, but is in community facility districting where there may be multiple uses including church or synagogue. Commissioner Moyle asked if a church leases a piece of property, do they have the ability to become tax-exempt with the property appraiser on that property? Mr. Goren said the decisions with regard to tax-exemptions is not one the Commission gets to make, but is the property appraiser’s obligation and responsibility, and an owner requesting tax-exemption status has to prove it to the property appraiser. Commissioner Moyle stated that since the owner pays property taxes, then the churches leasing the bays in the shopping centers are maybe all that a lessor can get, and does not see that they take away from the tax base. He said he thought the 20% was arbitrary and thinks it is a way to preclude churches from filling up a shopping center. Commissioner Moyle said he does not agree with it. City Attorney Goren said that the Administration has previously done an outside study by a consultant who surveyed the County and the 20% was arrived at as a result of a third party analysis which was relied upon to draft the Ordinance. Mr. Goren went on to quote a Florida Statute which addressed the Religious Institutional Property Rights Act, which says that if a public body is targeting a religious institution to zone them out of a location, that it is a violation of the federal law. Mr. Goren said the City made every effort not to violate the statute. He said the recommendation is to amend the provision, and he will draft the Ordinance.

Clerk polled Commission. Motion passed on a 4-1 vote; Commissioner Moyle dissenting.

b. SUBJECT: Request for Authorization to Negotiate Sale of Escheated Property City Received from Broward County to promote Affordable Housing

Tammy Reed-Holguin presented a slide of the property located on Kimberly Boulevard beside Kimberly Townhomes. It is a vacant lot which originally had a site plan which was supposed to be part of Kimberly Townhomes but was never built. She said the lot has not been maintained and has accrued a large amount of fines over the years from Code Enforcement. Ms. Reed-Holguin said the owner had passed away and had previously failed to pay the taxes, and the County took ownership of the property and subsequently sold seven of the lots to a private owner for a tax deed, and three of the lots were retained by the County. Ms. Reed-Holguin said the common area was escheated to the City. She said last year the County escheated the remaining three lots and at this time the City owns the common area and three lots and the other seven lots are owned by a private owner, whom they have had conversations with regarding the intention for the lots. The owner said he would like to build affordable housing there and has approached the City to see if there was an interest in selling the property to him. Ms. Reed-Holguin said she has come before the Commission to see if there is an interest on the part of the City for the Administration to negotiate with the owner for the sale of the lots, with the intent to build affordable housing on the property.

MOTION: To authorize staff to enter into negotiations with the potential buyer of the escheated properties to build affordable housing and to bring the proposed agreement for sale back to the City Commission for consideration.

Commissioner Frankel moved to approve a negotiation for the sale of the City property. Seconded by Vice Mayor Cangemi.

Mayor Brady said what this would probably do is add more affordable housing to North Lauderdale and give future builders a chance. Ms. Holguin said it would encourage future builders to do the market rate housing. City Attorney Goren said that escheated property is usually property that people have failed to pay their taxes on and under state law the property reverts to Broward County who then conveys those properties to the municipalities. He said routinely it is property which is vacant, scattered and unbuildable. However, Mr. Goren said, this property is actually buildable. Mr. Goren said that a condition of sale would be to build affordable housing. Mr. Goren also said that an appraisal may have to be done to determine the value of the property. He said the request by staff to negotiate a sale is compatible with the law, and the negotiations would be subject to a contract which the Commission would have to approve at a future time. No further discussion. Commission consensus was all in favor.

10. REPORTS

a. Overview and Update on Neighborhood Improvement Program

Kevin Pierson, Neighborhood Improvement Program Coordinator, gave a power point

presentation which listed property statistics for foreclosures. Mr. Pierson said in 2007 there were 108 lender repossessed homes and currently there were 908 properties either foreclosed or in pre-foreclosure process, 203 which are vacancies. He said about half of the properties are being maintained, and half are cited as public nuisances and are spread throughout the City. Mr. Pierson said that scheduled property auctions have increased this year; bankruptcies have gone up 50%; 9% of the all the properties in the City are financially distressed and there is an average of 10 months on the market for home sale, the longest on the market being 20 months. Mr. Pierson said the reason the City is in this situation is because of the 2004-2006 subprime loans and that more than 50% of the loans in North Lauderdale were subprime loans. He said the City’s preventative strategies are identifying the foreclosed properties and the owners to obtain information so that the responsible party can maintain the properties, and also working with the pre-foreclosed. Mr. Pierson outlined the top real estate owned holders in the city and indicated that they have all been served notices regarding compliance with code. He also outlined how the REO maintenance works. Further, Mr. Pierson outlined neighborhood improvement actions, effects and benchmarks of how the City is working to assist with neighborhood blight and said he will report monthly on how progress is being made. He said that North Lauderdale is to be commended because the City was pro-active and was already doing 14 of the 23 recommendations by the County Blue Ribbon Task Force. Mr. Pierson said whatever the city isn’t doing can only be done at a County or State level.

Mayor Brady commended Mr. Pierson for the Foreclosure seminar that he attended which was hosted by North Lauderdale and Lauderdale Lakes on Saturday, and Mr. Pierson said about 200 people showed up, and he had previously commented that about 100 North Lauderdale residents attended.

Commissioner Moyle said in reading the newspaper, the large number of subprime loans that were given to people were given with Congress’ prodding financial institutions to give those loans by allowing the appraiser to appraise the property at a level so as to make a person able to get into a home, in some cases without a down payment. Mr. Moyle said this problem is now in the hands of the people who created the problem to try and solve it, and he said we should be asking the federal government, through the Housing Authority, to help people, one on one, instead of allowing the financial institutions to make money on closing costs and such. Commissioner Moyle further said he would like the Commission to ask for the money directly from the Housing Authority rather than residents having to go through another financial institution problem.

Commissioner Frankel and Mayor Brady thanked Mr. Pierson for the report.

City Attorney Goren said to commend North Lauderdale further, that although the numbers seem staggering in North Lauderdale, cities like Coral Springs and Pembroke Pines, although larger, proportionately have significantly larger numbers of foreclosures, which is causing consternation. He said the Ordinance which North Lauderdale adopted was modified and approved by Coral Springs to suit their needs, and it is being looked at by other cities. Mr. Goren said the City has done great things to keep control of the problems and of who owns the properties and how they are being maintained and other cities respect what is being done here to get to the best conclusion and to meet the needs of the City Commission and its policies.

b. Six-month extension of the 2007-08 CDBG Program (T. Reed-Holguin)

Ms. Reed-Holguin reported that last year the City applied for Community Block Grant funding and the money was allocated to four different programs; the renovation of the Senior Center; the removal of architectural barriers at City Hall, which is renovation of the restrooms; the installation of an automatic door for the front of City Hall and a property acquisition program. She said those programs are under way and not yet complete, so as of June 30^th an extension of that grant program, for six months, was requested to complete that program. She said as of today that extension was granted so they will be able to complete the work with the grant funding.

11. COMMISSION COMMENTS

Vice Mayor Cangemi: Suggested that when the Pollo Tropical project is complete to have a grand reopening of the Shoppes of McNab collectively with Broward Meat & Fish and Bizway and discuss the Wyland Wall Project at a later date.

Mayor Brady: Updated that BSO is monitoring the Braeburn Park area to determine the need for speed bumps there.

Mayor Brady passed out a copy of a proposed letter to Wal-Mart and asked for the Commission and City Attorney’s thoughts on sending the letter regarding a meeting to speak about the Wal-Mart project either here or in Bentonville, Arkansas. Mr. Sala said the direction from the Commission should be to include the chair of the real estate committee who will decide if this project is moving forward or not. Further, he said a meeting should be requested for sometime before January. Commissioner Frankel and Vice-Mayor Cangemi concurred. Commissioner Moyle commented that Wal-Mart might not be prepared to do anything at this point and that tying it to the rest of the retail center may have been an impediment, but that the economic conditions may be more of an impediment. Commissioner Moyle said he didn’t want to separate the two entities, the Wal-Mart Super Center and the entire shopping center. He said they may even decide to rid themselves of the property, in which case we could start over with someone else, and if the CO wasn’t tied to the rest of the center they have no obligation to do anything and we’ll end up with another big Wal-Mart in our city. Mayor Brady said that if the stipulations weren’t put on them the first time it may have already been built. Mayor Brady said in his opinion he doesn’t think they would leave the open grass area empty once the economy starts straightening out and that they would bring more business there. Commissioner Frankel said that Wal-Mart may welcome the invitation, seeing that we want to work with them and he agreed to send them a letter. Commissioner Hilton said he has a reservation like Commissioner Moyle about ending up with empty land, but agreed to the letter. Vice Mayor Cangemi agreed.

City Attorney Goren said the letter before the Commission is a draft and has not been signed, and at the direction of the Commission, a motion is in order. Also, a motion would be in order to authorize travel to Bentonville to make a presentation, should there be a request to meet.

MOTION: Commissioner Frankel made a motion to authorize a letter to Wal-Mart offering to meet and negotiate. Seconded by Vice-Mayor Cangemi. Clerk polled Commission. Motion passed on a 4-1 vote; Commissioner Moyle dissenting.

MOTION: Vice Mayor Cangemi made a motion to authorize travel to Bentonville, Arkansas, in the event the Commission gets a request for a meeting. Seconded by Commissioner Frankel. Clerk polled Commission. All yes.

12. CITY MANAGER COMMENTS – City Manager Sala outlined the following schedule:

a. National Night Out – Tuesday, August 5, 2008, 6:00 – 9:00 p.m. – North Lauderdale City Hall Complex

b. Dates for the September Commission meetings:

· Friday, September 12, 2008: Workshop – 4:30

Regular Meeting – 5:30

· Thursday, September 25, 2008: Workshop – 5:30

Regular Meeting – 7:00

13. CITY ATTORNEY COMMENTS

a. Contract Negotiations Update

Water Treatment Plant, Well #2: City Attorney Goren passed out a memo from Public Works Director and said there was a problem with Well #2 at the Water Treatment Plant which requires quick action, and in the interest of time between now and the next Commission meeting, Staff went out under the Charter and Code and received three price quotes for the purpose of replacing the pump and the motor. The three companies are listed in the memo are Amps, Goulds and Peerless. Mr. Goren said Amps was the low bidder and they have done work with the city before, and that through Staff and Administration, he is requesting approval to contract with Amps for the work required.

MOTION: Commissioner Hilton made a motion to approve. Seconded by Commissioner Frankel. All yes.

Storm Debris Removal: Attorney Goren said the City has a fully signed contract with Bergeron Emergency Services, Inc., who was the second choice in the context of having a primary and secondary debris hauler. Mr. Goren said in the RFQ documents and the interviews, the Commission had publicly described that they wanted to have a primary and secondary, and that three quarters of the way through negotiations with Ashbritt, they had thought they would be the exclusive hauler for the City. Therefore, City Attorney and City Administration got a contract with Bergeron, as Ashbritt had a misunderstanding that they would be the sole provider. City Attorney advised the Commission that they have a choice to re-interview the number 3 and number 4 group, or to stay the course and just keep Bergeron as the primary contractor.

MOTION: Mayor Brady passed the gavel and made a motion to accept Bergeron Emergency Services, Inc., as the primary and sole contractor for debris removal. Seconded by Commissioner Frankel. All yes.

Design/Build – Water Treatment Plant: City Attorney Goren said as of today the City has a signed agreement with Chen & Associates for the first phase of the Water Treatment Plant upgrades, which is a contract for $170,000.00 which begins the first design phase of proposals that were submitted to the Commission during recent presentations. Mr. Goren said he is pleased report that City Staff and City Administration collaborated with Chen & Associates over the last few days and as a result the contract was signed today, and that item is moving forward, and any and all grants or loans applied for are preserved.

Traffic Magistrate: Mr. Goren said the good news is that the State funded the Traffic Magistrate and the bad news is that the committee that controls the money took the money away, but that justice will be served by having trials in the Courthouse. Further, Mr. Goren said the Chief Judge may ask certain cities to allow their buildings to be used for trials so as to avoid having to send people downtown.

14. ADJOURNMENT – There being no further discussion, the meeting adjourned at 7:40 p.m.

Respectfully submitted,

Patricia Vancheri

Interim City Clerk