CITY OF NORTH LAUDERDALE

COMMISSION MEETING

 

OCTOBER 28, 2008

 

MINUTES

 

The City Commission of the City of North Lauderdale met on Tuesday, October 28, 2008, at the Municipal Complex.  The meeting convened at 7:05 p.m.

 

 

1.                  INVOCATION AND PLEDGE OF ALLEGIANCE – Vice Mayor Cangemi 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 Julie Klahr

            Interim City Clerk Patricia Vancheri

 

3.                  MINUTES – There were no minutes to approve

 

4.                  PRESENTATIONS - None

 

5.                  PUBLIC DISCUSSION

 

Barry Baker, of SW 72 Avenue, addressed the Commission with some concerns about litter.  First, he complimented the City on the cleanup around the canals and other beautification projects.  Mr. Baker said he sees a lack of sensitivity with regard to litter and said in the past there was a more in the media to teach about not creating litter.  He said he would like to see a flyer go out to schools to create a sensitivity of the young impressionable minds.  Mr. Baker indicated he has been picking up litter in the community for 3 years while he walks his dog and sees that children are complimentary when they see him doing this.  He brought up the issue to his Kiwanis club and would like the City to do something in the schools to make the kids aware of the litter problem and make them aware of throwing trash down.  He said he would like a trash can put out between the convenience stores and the bridge on Kimberly Blvd.  Mr. Baker asked if there was any objection to a litter flyer.  Mayor Brady said we could put something on the information channel and Commissioner Hilton said we could ask the schools to send out a flyer.  Mr. Baker said it has been his pet project to pick up bottles and trash around the neighborhood, because one broken bottle can lead to more.  His last comment was about the Forum that gets delivered weekly, and sees that the majority of people do not pick them up from the swales and it promotes a trashy look.  Mr. Baker brought in bags of the Forum that he picked up on just two blocks that were left on swales to show the problem.

Public Information Officer, Pam Donovan, said that the Forum is allowed to deliver the paper as a matter of freedom speech.  Mr. Sala said he will contact the School Board and that it takes three weeks to get a flyer approved through them, if they approve it at all, and if not, we will put a flyer in the next newsletter and maybe give an incentive to the kids.  Mayor Brady mentioned that there is also an Adopt-A-Street program.

 

Michael Brown, of SW 5th Street, addressed the Commission about money concerns and said he doesn’t like paying a lot of taxes and had concerns about how money is spent and said the City’s budget will be harder next year.  He also had concerns about the School Board and suggested re-opening the empty school.  Mr. Brown said there is a lot of competition for commercial property and he doesn’t believe the building has the value to be anything other than a school.  Mr. Brown spoke about saving money in the school system and saving money on books by using cds and said he went to the School Board with his ideas for a program.

 

6.                  ORDINANCES SECOND READING

 

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

 

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

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.

 

Community Development Director, Tammy Reed-Holguin, presented the item for second reading and adoption.  She said the ordinance proposes to amortize out non-business uses in non-CF zoning districts that were grand-fathered, exempting those properties that are owned and occupied by the owner who operates a non-business use in that space. The recommended time frame to allow those businesses to come into compliance is 10 years from the date of the adoption of the ordinance, or when the space currently occupied by non-commercial use is vacated, whichever is shorter.  Ms. Reed-Holguin said this only applies to properties that exceeded the 20% threshold in 2003 that were grand-fathered in.  Further, she said upon adoption of this ordinance, the zoning in progress would also be lifted.  The City Commission unanimously approved the first reading of the Ordinance on September 25, 2008 and Ms. Reed-Holguin asked for a motion to approve the second and final reading of the ordinance tonight. 

 

Public Hearing opened.  No one from the public spoke.  Public Hearing closed. 

Commissioner Frankel moved to approve.  Vice Mayor Cangemi seconded this motion.  No Commission discussion.  Clerk polled Commission.  All yes.

 

ORDINANCE NO. 08-10-1214   PASSED AND ADOPTED UNANIMOUSLY

 

 

7.                  CONSENT AGENDA

 

Vice Mayor Cangemi requested that Item 7(a) be removed from consent agenda.

 

Text Box: This item removed from consent agenda: a. RESOLUTION –Sanitary Sewer Upgrades Broward County Offices of Engineering Services (BCOES) Contract #’s L505149B2 and N605200B1 Commissioner Frankel moved to read. Seconded by Vice Mayor Cangemi. Attorney read: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND REYNOLDS INLINER LLC, FOR THE LINING OF SEWERS, UTILIZING THE EXISTING BROWARD COUNTY OFFICE OF ENGINEERING SERVICES CONTRACT PRICING TO EXECUTE THE PROPOSAL IN THE SUM OF $375,082.50; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Cangemi asked if this requires going out to bid. City Manager Sala replied that it went through a bid process and we are piggy-backing off the County’s bid process and that the County already uses this in the un-incorporated area and within our jurisdiction and we are using them so that we don’t have two different vendors doing the different reviews. Vice Mayor Cangemi asked if their price was reasonable. Public Works Director, Mike Shields, replied that he believes that the company recommended is widely used throughout the County, they went through a bid process, and the pricing is as good as it gets in the market. He said it is a similar situation when they do the asphalt overlays; and piggyback on the County or State contracts, so the projects have already been bid out and the criteria is identical. Vice Mayor Cangemi said he just wanted to know if we did a comparison on the pricing to get the best that we could. Mr. Shields said they researched unit pricing and those numbers are as good as you can get. Mr. Sala said we get the benefit of using the company the County uses to get that price and also it provides one matrix of all that needs to be done and reviewed. No other Commission comments. Commissioner Hilton made a motion to approve. Commissioned Moyle seconded that motion. Clerk polled Commission. All yes. RESOLUTION NO. 08-10-5381 PASSED AND APPROVED UNANIMOUSLY

b.         RESOLUTION - Automatic Ammonia Feed System

 

Commissioner Frankel moved to read.   Seconded by Commissioner Moyle.

Attorney read:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AN EXPENDITURE OF NOT MORE THAN $27,110.06 TO US WATER CORPORATION FOR THE INSTALLATION OF AN AUTOMATIC AMMONIA FEED SYSTEM AT THE CITY’S WATER PLANT; PROVIDING FOR FUNDING AND PROVIDING FOR AN EFFECTIVE DATE.

 

Commissioner Frankel moved to approve.  Vice Mayor Cangemi seconded this motion.  No Commission discussion.  Clerk polled Commission.  All yes.

 

RESOLUTION NO. 08-10-5382

 

At this time Commission revisited Item 7(a).

 

 

8.                  OTHER BUSINESS

 

a.      RESOLUTION - Fair and Accurate Credit Transaction Act of 2003

 

Commissioner Hilton moved to read.  Seconded by Commissioner Hilton.

Attorney read:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, APPROVING AND ADOPTING THE CITY OF NORTH LAUDERDALE IDENTITY THEFT PREVENTION PROGRAM IN ORDER TO ENSURE PROTECTION OF CONSUMERS’ IDENTIFYING INFORMATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Attorney Klahr explained that there was legislation that was adopted by Congress called the “Fair and Accurate Credit Transaction Act of 2003” and there was an amendment this year that required creditors to provide red flags for identity theft and they have identified within the definition of creditors within the act to include utility companies.  She said the City extends credit by providing the service and then collecting money for that service at a later date.  Attorney Klahr said the deadline for adoption of the criteria and a program was November 1, 2008 when the amendment to the act was adopted, but it has been extended to May 1st, but she recommends moving forward with it at this time.  The point of this is with increasing identity theft going on in the consumer arena, this would red flag or notice the City that someone is trying to do something to someone else’s account or otherwise put someone’s credit at risk..  Attorney Klahr said adoption of this policy would create a program whereby staff could identify red flags and insure that the appropriate parties are using the correct information and protect the information and identity of the consumers of the City’s services, and they recommend the adoption.

 

Vice Mayor Cangemi moved to approve.  Seconded by Commissioner Frankel.  No Commission discussion.  Clerk polled Commission.  All yes.

 

RESOLUTION NO.  08-10-5383  PASSED AND APPROVED UNANIMOUSLY

 

 

 

b.      ORDINANCE – First Reading:  City of North Lauderdale (“City”) / 20 year Elected Official Retirement Payment Plan Ordinance for Mayor Jack Brady

 

Commissioner Frankel moved to read.  Seconded by Commissioner Hilton.

Attorney read:

 

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA IMPLEMENTING SECTION 112.048, F.S., PERTAINING TO RETIREMENT SYSTEMS FOR ELECTED OFFICIALS  WHO REACH TWENTY (20) CONSECUTIVE YEARS OF SERVICE IN ELECTIVE OFFICE; REQUIRING THE CITY OF NORTH LAUDERDALE TO BUDGET AND APPROPRIATE FUNDS ANNUALLY TO PROVIDE PAYMENTS IN ACCORDANCE WITH SECTION 112.048, F.S., AS AMENDED FROM TIME TO TIME; PROVIDING FOR FINDINGS AND CONCLUSIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.

 

Attorney Klahr said that basically under Chapter 112, if the City doesn’t provide for a pension program for an officer of a municipality, there is a pension program that is provided by Statute, and this would be the implementation of that program as mandated by Statute.  Public hearing opened.  No one spoke.  Public hearing closed.

 

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

 

ORDINANCE APPROVED ON FIRST READING

 

Mayor Brady said he never expected to get 20 years in the seat, but he likes what he does for the residents of North Lauderdale.

 

9.                  REPORTS

 

a.      Update on Federal Neighborhood Stabilization Program

 

Community Development Director, Tammy Reed-Holguin, gave a power point presentation.  She said this was an update on information previously provided on the new funding, and its purpose, that comes through the Housing and Economic Recovery Act of the Federal Government.  Ms. Reed-Holguin explained that one portion of the Act is Title III, which is the Neighborhood Stabilization Program to help communities address foreclosures. She explained the eligible uses of the funding; the CDBG National Objective; activities money cannot be used for; and eligible households based on income levels.  A map of the target areas was also explained with regard to census tract areas and medium to low income and Tammy said it would be basically anywhere in the City and in that respect they are not limited to where they can use the project funding.  She said the map, done by the County, shows the priority areas for the NSP and that we are one of the highest areas in the County with regard to need.  Ms. Reed-Holguin went on to explain the allocation of the funding to Broward County and North Lauderdale.  She said North Lauderdale has $1.9 million dollars ear-marked to be administered and implemented by the County, which is 11% of the funds, but 3% was allocated to put in a pool to address low-income rental housing, leaving 7% or $1.3 million to be used by the City.  Vice Mayor Cangemi asked when the money would be allocated and Ms. Reed-Holguin referred to a chart indicating the program timeline, and said December1st is the deadline for the County to submit a plan to HUD, and it is anticipated that HUD will notify the County if the plan is approved by February and will get an agreement from HUD in March, then there will be 18 months to commit to funding.  Ms. Reed-Holguin said we already have implemented a successful neighborhood improvement program and early on structured a property acquisition rehabilitation program for consideration through private resources, and have identified the properties in foreclosure as indicated on the map.  She said we are one of the only cities that has this documented and are far ahead in preparing for this money to be distributed and used effectively in our community.  Further, she stated that they already have a handle on what the needs are and have established relationships with REO’s, institutions and have been in contact with Fannie Mae and FHA and know what properties they own and could be available to the city at a reasonable price.  The City has already instrumented a neighborhood improvement program and has had public participation and has been before the Commission on October 14; had meetings with the Housing Authority Board in July and October and have another planned for November 6; and is engaging the Housing agency and Commission’s input for the use of this money and what the priorities are. Ms. Reed-Holguin said the County has asked for a list of properties that we would like for them to acquire and they are proposing for the cities to become the property owners of the foreclosed properties, they would acquire them, rehab them and find new owners for them.  What the City has requested is that we be provided the opportunity to remain involved in the process by negotiating, being part of the rehabilitation process and identifying the first time homebuyers. She said the County is not going to enter into sub-recipient agreements, that they want to retain the money and implement the programs for the cities. Tammy explained the priority lists she recommends sending to the County.  Commission discussion ensued and Mr. Sala suggested getting a clarification from HUD and said we may have to look at other options. 

 

Commissioner Cangemi made a motion to send a letter to Mayor Wexler requesting the City’s participation in the implementation process.  Commissioner Frankel seconded this motion.  All in favor.

 

 

 

10.              COMMISSION COMMENTS

 

Commissioner Moyle spoke of recently received resolutions about unfunded mandates, sunshine laws and comprehensive land use plan being subject to voters approval and said we need to start taking action and start talking at the League level with our counterparts in other cities and getting a petition drive to get an initiative on the ballot for a constitutional amendment to prevent them from doing that and which says we have home rule and we are a republic form of government where we are elected democratically to make the laws and things like the comprehensive plan should not be subject to voter approval.  Commission discussion ensued.

 

Commissioner Moyle made a motion to direct the City Attorney’s office to explore how to accomplish getting something on the ballot.  Vice Mayor Cangemi seconded.  All in favor.

 

 

 

11.              CITY MANAGER COMMENTS

 

a.      Reminder:  Opening Day Ceremony for PAL Youth Soccer League – Saturday, November 1, 2008 at 10:00 a.m.

 

12.              CITY ATTORNEY COMMENTS - None

 

13.              ADJOURNMENT – There being no further discussion, the meeting adjourned at 8:30 p.m.

 

Respectfully submitted,

 

 

 

Patricia Vancheri

Interim City Clerk