CITY OF NORTH LAUDERDALE

 

COMMISSION MEETING

 

THURSDAY, SEPTEMBER 25, 2008

 

 

MINUTES

 

The North Lauderdale City Commission met on Thursday, September 25, 2008 at the Municipal Complex.  The meeting convened at 7:02 p.m.

 

 

1.                  INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Hilton gave the invocation.

 

2.                  ROLL CALL – 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.      March 27, 2008 - Special Meeting

b.      July 16, 2008

c.       July 29, 2008

 

Commissioner Frankel made a motion to approve the Minutes of March 27, 2008; July 16, 2008 and July 29, 2008, as submitted.  Commissioner Hilton seconded. 

Minutes were approved by unanimous vote.

 

4.                  PRESENTATIONS - None

 

5.                  PROCLAMATIONS

 

a.      Community Planning Month

 

Clerk read Proclamation recognizing the participation and dedication of Community and Regional Planners of the City and designating the month of October as Community Planning Month in the City of North Lauderdale.  Mayor Brady presented the Proclamation to Tammy Reed-Holguin, Director of Community Development Department.

 

b.      National Save for Retirement Week

 

Clerk read Proclamation to increase awareness of the benefit of workplace defined contribution plans and the need to save for retirement and designating the week of October 19-25, 2008 as National Save for Retirement Week.  Mayor Brady presented the Proclamation to Ambreen Bhatty on behalf of the Human Resources Department.

 

6.                  PUBLIC DISCUSSION – No one signed up to speak

 

7.                  BUDGET RELATED ITEMS - Ad Valorem Tax Rate and Budget Ordinances

 

Commissioner Frankel made a motion to read.  Seconded by Vice Mayor Cangemi.

Attorney read titles of both items 7(a) and 7(b), and items were voted on separately:

 

a.      ORDINANCE – Second Reading – Ad Valorem Millage Rate FY 2008/09

 

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 6.1875 MILLS FOR THE 2008 TAX YEAR REPRESENTING AN INCREASE OF 2.00% 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 0.2448 MILLS FOR THE 2008 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 2008 TAX YEAR AD VALOREM TAX MILLAGE LEVY RATE OF 6.4323 MILLS FOR ALL PURPOSES OR $6.4323 PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

 

 

City Manager Sala said the item before the Commission is identical to the first reading and no changes have been made and includes all changes and modifications the Commission had indicated through the workshops and is before the Commission for public hearing.

 

Public hearing opened.  Mr. John Penn approached the Commission.  Mr. Penn said he has two properties in North Lauderdale; 1920 SW 65th Terrace and 1941 SW 65th Terrace.  He said they are small rental houses and one has been vacant for two months.  Mr. Penn had questions regarding his TRIM Notices.  City Manager explained that those properties not protected by homestead exemption were more affected by the increase. 

Public hearing closed.

 

Commissioner Frankel made a motion to approve the millage rate.  Seconded by Vice Mayor Cangemi.  No Commission discussion.  Clerk polled Commission.  All yes.

 

ORDINANCE NO. 08-09-1212  PASSED AND ADOPTED UNANIMOUSLY

 

 

b.      ORDINANCE – Second Reading – Annual Budget FY 2008/09

 

 

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 16, 2008, AND AS REVISED AND APPROVED ON SEPTEMBER 12, 2008 AS THE CITY OF NORTH LAUDERDALE’S FINAL BUDGET FOR THE 2008/09 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, 2008, AND AUTHORIZATION TO RE-APPROPRIATE ALL UNEXPENDED CAPITAL APPROPRIATIONS, INCLUDING LAPSED CAPITAL OUTLAY ENCUMBRANCES, IN THE 2008/09 BUDGET YEAR PROVIDING FOR SEVERABILITY; AND, PROVIDING AN EFFECTIVE DATE.
 
There was no Staff presentation.  Public hearing opened.  No one from the Public spoke.  Public hearing closed.  
Commissioner Frankel made a motion to approve the Annual Budget for Fiscal Year 2008/09.  Seconded by Vice Mayor Cangemi.  No Commission discussion.  Clerk polled Commission.  All yes.

 

ORDINANCE NO.  08-09-1213  PASSED AND ADOPTED UNANIMOUSLY

 

 

8.                  CONSENT AGENDA

 

No items were pulled from Consent Agenda.  Commissioner Frankel moved to read.  Seconded by Commissioner Hilton:

Attorney read:

 

a.      RESOLUTION - 2nd Amendment – Extension of Public Transportation Services Agreement between Broward County and the City of North Lauderdale for the operation of City’s Community Shuttle Program.

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER, TO ENTER INTO THE 2ND AMENDMENT TO THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF NORTH LAUDERDALE FOR PUBLIC TRANSPORTATION SERVICES; PROVIDING FOR FUNDING; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO.  08-09-5369

 

 

b.      RESOLUTION - Roof Leaks at the NLAH School Gymnasium

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AN EXPENDITURE OF NOT MORE THAN $15,538 TO EVANS ROOFING TO MAKE NECESSARY REPAIRS TO THE ROOF OF THE NLAH SCHOOL GYMNASIUM; PROVIDING FOR FUNDING AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION NO.  08-09-5370

 

c.       RESOLUTION - Request for Qualifications for Hampton Pines Park Disaster Recovery Grant Project

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND OR HIS DESIGNEE TO PROCEED WITH THE REQUEST FOR QUALIFICATIONS FOR THE HAMPTON PINES PARK PROJECT AND, PROVIDING AN EFFECTIVE DATE.

 

 

RESOLUTION NO.  08-09-5371

 

d.      RESOLUTION - Dedication of Hunter Run Utilities (Hunter Green - phase 4 and 5, parcels P, N, O)

 

 

A RESOLUTION OF THE CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BY AND BETWEEN THE CITY AND HUNTER RUN HOMEOWNERS ASSOCIATION TO ACCEPT DEDICATION OF THE WATER AND SEWER MAINS ON THE HUNTER RUN PROPERTY; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO.  08-09-5372

 

e.      RESOLUTION:  Sanitary Sewer Rehabilitation Contract Renewal (bid # 05-06-279) with TeleVac South Inc.

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, EXERCISING THE RENEWAL CLAUSE IN THE AGREEMENT BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND TELEVAC SOUTH INC. FOR SANITARY SEWER REHABILITATION FOR A PERIOD OF ONE YEAR; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUR THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION NO.  08-09-5373

 

f.        SUBJECT:  Broadview/Pompano Park 12th Annual Community Bazaar

 

Commissioner Frankel made a motion to read.  Seconded by Commissioner Hilton.

Attorney read:

 

MOTION:  To approve “The Broadview/Pompano Park 12th Annual Community Bazaar”, to be held on Saturday, December 6, 2008, from 11:00 A.M. to 4:00 P.M. at the Broadview/Pompano Park Community Park subject to the conditions listed in Staff’s memorandum.

 

Commissioner Frankel made a motion to approve the Consent Agenda.  Seconded by Commissioner Hilton.  No Commission discussion.  Clerk polled Commission.  All yes.

 

CONSENT AGENDA APPROVED UNANIMOUSLY

 

 

9.                  OTHER BUSINESS

 

a.      ORDINANCE - First  Reading: Amendment to Chapter 106 “ZONING”, Section 106-467 “Supplemental Regulations” of the City’s Code of Ordinances

 

Commissioner Frankel moved to read.  Seconded by Commissioner Hilton:

Attorney read:

 

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING ARTICLE XV OF THE CITY’S CODE OF ORDINANCES, ENTITLED “BUSINESS DISTRICTS”, DIVISION 2 ENTITLED “MASTER BUSINESS LIST”; SPECIFICALLY AMENDING SECTION 106-467, ENTITLED “SUPPLEMENTAL REGULATIONS”; PROVIDING FOR REGULATIONS ADDRESSING NON-COMMERCIAL USES IN COMMERCIAL ZONING DISTRICTS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

 

Public hearing opened.  No one from the public spoke.  Public hearing closed.  Commissioner Frankel made a motion to approve.  Seconded by Commissioner Hilton.  No Commission discussion.  Clerk polled Commission.  All yes.

 

ORDINANCE PASSED UNANIMOUSLY ON FIRST READING

 

 

10.              COMMISSION COMMENTS - None

 

 

11.              CITY MANAGER COMMENTS - None

 

 

12.              CITY ATTORNEY COMMENTS

 

Traffic Magistrate Update:

Attorney Goren said he went to the County Commission meeting on Tuesday, and it was difficult to know what happened at the end.  He said he was there with Colonel Warder who was the Second in Command at BSO; Police Chief Duncan Foster, as an incoming Chief of Broward County from Coral Springs, Dan Jaustino from Pembroke Pines; and the Chief from Fort Lauderdale.  Mr. Goren said the County Commission, on a unanimous vote supported funding of nine months of Traffic Magistrates from January 1, 2009 to October of 2009 for $180,000.00.  He said Commissioner Lieberman offered an alternate Motion appearing to request some sort of contribution from the cities.  Further, Mr. Goren said when he appeared before the League of Cities, he stressed the fact that they were not suggesting that the County Commission had a legal obligation to fund the program, nor do cities.  He said it is clearly a State function of the Constitution and they are not funding it.  Mr. Goren said this past year they funded 80% of a Magistrate program statewide, which was put into a reserve account and didn’t give it to the counties.  So, Mr. Goren said he believes they did approve the $180,000.00 to restart the program beginning in January; that the League of Cities will work hand in hand with the County Commission and with the Chiefs Association, to seek change in statutory language in Tallahassee, which would allow us to surcharge statewide so that the tickets can have that to support the program, and to provide a potential to have Magistrates to be conducted by cities if it could be done under the Florida Constitution.  Mr. Goren said the issue is not only one of money, but is also an issue of traffic chaos and an issue of lawlessness in Broward County.  Mr. Goren said a Commander Reyes, from Florida Highway Patrol was present and he was passionate about what the Florida Highway Patrol does on the highways in the context of aggressive speeders and that his belief was that statistically, the number of traffic fatalities caused by speeding and other traffic infractions far exceeds the number of murders in Broward County and other offenses.  Mr. Goren said the Commission has responded and he believes the program will restart and he hopes that they’ll be able to bring back the revenues as well as authority to the men and women who wear the uniform and protect our interests on a daily basis, as these matters get put at the end of a docket and rarely get heard by the judges and are disposed of many times for court costs only.  Mr. Goren said the court costs go north, they do not come south, and if there are no fines, there is nothing.  He said when judges dismiss cases, it does not send a good signal to the people who are speeding or creating traffic problems for our police who are working real hard to protect all of us.

 

 

13.              ADJOURNMENT – There being no further discussion, the meeting adjourned at 7:34 p.m.

 

Respectfully submitted,

 

 

Patricia Vancheri

Interim City Clerk