CITY OF NORTH LAUDERDALE

COMMISSION MEETING

 

NOVEMBER 18, 2008

 

REGULAR MEETING –5:30 p.m.

 

MINUTES

 

The North Lauderdale City Commission met on Tuesday, November 18, 2008 at the Municipal Complex.  The meeting convened at 5:30 p.m.

 

1.                  INVOCATION AND PLEDGE OF ALLEGIANCE – Mayor Brady 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 – Commissioner Frankel moved to approve the minutes of the meetings of September 12, 2008 and September 25, 2008.  Seconded by Vice Mayor Cangemi.  All in favor.

 

4.                  PUBLIC DISCUSSION

 

Joe Janosik – 703 SW 74 Avenue – Mr. Janosik addressed the Commission to voice his opinion, as a Planning and Zoning Board member, about the applicant, Sean Kingston’s Café.  Mr. Janosik stated he voted against approval for the Special Exception Use which he studied carefully.  Mr. Janosik said he wants the Commission to consider the recommendations of the Planning and Zoning Board and wants to insure that North Lauderdale attract businesses which will not be in conflict with nearby residences. 

 

 

5.                  QUASI-JUDICIAL ITEMS

 

a.      SUBJECT:           SEU 08-04 - Sean Kingston’s Café

1649-1651 S. State Road 7- McNab 7 Plaza

 

Special Exception Use request to permit the limited sale of beer and wine as an accessory use in a restaurant with a freestanding bar in a General Business District (B-3).

 

APPLICANT:       Kanema Morris

 

City Attorney Goren swore in the parties wishing to speak on the item.  Community Development Director, Tammy Reed-Holguin, presented the item.  She said this particular bay has been vacant in this shopping center for more than 6 months; therefore a new business opening in the space must comply with all current zoning regulations.  Ms. Reed-Holguin indicated that the regulations have been amended since the closing of the previous business and the code now allows a free standing bar as an ancillary use with the approval of an SEU.  She said Staff has reviewed the request in light of the guidelines and criteria contained in the code; has looked at the economic impact and the traffic and parking analysis.  Ms. Reed-Holguin said the Center was built based on the Broward County parking code back in 2003, and then the area was annexed by North Lauderdale.  She indicated that the applicant has agreed to take whatever measures are necessary to mitigate any parking issues that may be created during the operation of the business.  The Planning and Zoning Board met twice regarding this SEU application and there were issues raised that the Board asked the Staff to look into, and asked the Applicant to respond to.  Ms. Reed-Holguin said on the second meeting on October 7, 2008, the Applicant and the Property Manager were present to answer questions and address the concerns of the Board and the public.  After several rounds of questioning, the Planning and Zoning Board added conditions that were listed in the Staff memorandum, and it was voted 3-2 to recommend approval of the SEU to the Commission with the conditions that were outlined by the P & Z Board and that the Applicant agreed to.  Ms. Reed-Holguin said that if the Commission concurs with the recommendation of the Planning and Zoning Board and wishes to approve the application, a motion would be in order to recommend approval of the SEU to allow limited sale of beer and wine as an accessory in a restaurant with a free-standing bar, with the 13 conditions outlined in the memorandum.  Ms. Reed-Holguin indicated that the Applicant was present to answer any questions.

 

Attorney George Escobar, representing Sean Kingston’s Café, addressed the Commission.  He said they applied for the SEU for a family style fine dining establishment and most restaurants of this kind have beer and wine served.  Further he stated that for the restaurant to be viable it would be a necessity.  Mr. Escobar said he heard the concerns of the public at the P & Z meeting, but felt that they were discriminating based on the past owner of the establishment.  He said he would be happy to answer any concerns.  Mayor Brady said are they willing to comply with the 13 conditions.  Mr. Escobar said the Applicant agrees to the conditions.

 

Mrs. Joan Hinton approached the Commission and said that from her backyard you could see the restaurant.  She said others from the neighborhood were supposed to attend this meeting but did not make it. Ms. Hinton said she does not think this is a place for a restaurant of any kind.  She further said that even though the applicant said the Shopping Center does not play into this, it does.  She said there have been many restaurants in there and there have been problems with all of them.  Ms. Hinton spoke about problems with graffiti, rats, trash and unclosed dumpsters, the clanging of dumpsters very early in the morning and noisy delivery trucks that barely make it around the curve near her fence. She said the only thing that separates her from the shopping center is her own chain-link fence, that there is no brick wall.  Ms. Hinton mentioned places in the area that have a brick wall for separation, including Wal-Mart and Players Place.  Ms. Hinton indicated that she called many restaurants to see what the hours were and none were opened past 11:00 weekdays or 12:00 weekends.  She said if this is a family restaurant, why would it need to be opened so late.  Mrs. Hinton said that Sean Kingston’s music would be played at the restaurant and that the lyrics are not suitable for families with young children.  She said it sounds more like a club and spoke about security and noise.  She said before the Commission votes on this, she would like them to ask if they would want this in their back yard, separated only by a chain-link fence.

 

Jeff Seltzer, representing the property management company, addressed the Commission and said he appreciates the public coming out to state their concerns and to answer them.  He mentioned how they controlled the graffiti problem and has contracted with Truly Nolen on the rat problem and there is not a problem now.  He said the applicant and owner of the property are concerned about their neighbors and concerned about families.  Mr. Seltzer said the owner understands the property has a reputation, but looks forward to making the property better.  He said in the last 12 months the landscaping and façade of the property has been changed and the owner has installed a new directory sign and the owner keeps on spending money on the property to attract more family oriented people and quality customers.   Mr. Seltzer said they are working on addressing the issues as they come up with regard to trash and graffiti.  He said the McNab 7 Plaza is in good hands with an owner that cares about the property, its tenants and the people that come to the property.  Mayor Brady asked if the owner was aware of the 13 conditions made by staff.  Mr. Seltzer said yes and said further that he does not think that security or soundproofing is necessary, but if for some reason it does become necessary, they will do whatever it takes to make the City and the Hintons happy with the property.  Attorney Goren asked Mr. Seltzer if he had the authority of the owner to bind him to the conditions recommended by staff and he answered yes.

 

Mrs. Hinton addressed the Commission again to reiterate that the trash and graffiti stayed on the wall for months and months and that problems are not addressed until a pending hurricane or a meeting comes up.  She said the front façade looks wonderful, but the back of the shopping center has a pile of dirt on the roof with plants and a tree growing up there, and they do not come and look at the back of the shopping center.

 

Commissioner Moyle made a motion to approve.  Seconded by Vice-Mayor Cangemi.  Discussion ensued.

 

Commissioner Moyle said first, that it was poor planning on the County’s part in zoning because it appears that the residential area is very close to the commercial area.  He said secondly, we had an issue similarly with Publix along the Boulevard of Champions.  He said they dealt with the issue by working with Publix and the property owner by having the delivery trucks and garbage trucks come later.  Also, he said, there was a wall but there was still an issue with noise, so he doesn’t know that a wall would be a solution.  Commissioner Moyle further said that generally family restaurants aren’t open until 2:00 a.m. as Mrs. Hinton pointed out, and questioned why they would be granting a special exception for a 2:00 license as it is not typical for a family type restaurant. 

 

Vice Mayor Cangemi also said he is concerned with the family type restaurant hours as Commissioner Moyle pointed out.  Further he said he realizes that food has to be served in order to serve beer and wine, but is concerned about the hours.

 

Commissioner Frankel said he has to weigh highly on the church nearby and the sale of beer and wine within close proximity to churches and schools.  Tammy Reed-Holguin responded and said that the code regarding that issue is for package sales, not on-site consumption.

 

Commissioner Moyle said he is not clear as to the entertainment aspect of the business and will that go until 2:00 a.m.?  Mrs. Reed-Holguin said that is a question for the applicant, but the 2:00 a.m. hours are what are in our Code for serving of alcohol, and that the Planning & Zoning Board limited it to 11:00 p.m. and the applicant agreed to do that during the week.

 

Attorney Goren stated that a special exception approval is a discretionary act on the part of the Commission, it is not a requirement, and the application pending before the Commission must be supported by the evidence in light of the fact that there are conditions which are allowed to be imposed as a principle basis to approve or not to approve, to the extent that if a 2:00 a.m. closure concerns the Commission, they could regulate that by having it set back to an earlier time if they so chose.  The applicant would then accept that condition or not.

 

Commissioner Moyle asked about the noise Ordinance time. Mrs. Reed-Holguin said the Ordinance indicates 11:00 p.m. and that there are two conditions with regard to the noise and how it would be handled.

 

Mr. Seltzer said that at the front of the restaurant where people would be entering and exiting is a few hundred feet from the rear of the property, far enough away from where people would be congregating.  Secondly, he said this is a restaurant of approximately 1600-1700 square feet, filled with chairs and tables, no dance floor and there will be no room for club-like activities and that it should not be a concern of the Commission.  Also, he said with regard to the trash and noise, he could possibly alter his contract with All Service, get a larger dumpster and have them come less frequently, and in terms of deliveries, they could be done in front of the restaurant.

 

Kanema Morris, the applicant, was sworn in to speak by Attorney Goren.  Ms. Morris will be running Sean Kingston’s Café.  She said it will not be a dance club environment but will be a family style environment.  She said they were raised in North Lauderdale and they want to give back to the community since Sean Kingston has been successful.  Commissioner Hilton asked about the hours.  Attorney Goren said that the hours were listed as condition number eight of the recommendations that were approved by the Planning and Zoning Board, and further that the applicant must agree to all thirteen conditions.  Further he reiterated that if the SEU is approved and the applicant fails to comply, it could be revoked if there were any violations of the conditions.

 

Ms. Reed-Holguin wanted to clarify two things with the applicant.  She said food must be available at all times while the establishment is open, as indicated in our current code, if alcohol is available.  She said they need to get a commitment from the applicant to make sure that they understand that.  Also, she said that the floor plan provided by the applicant does not have any pool tables, which would be a different issue.  She said the staff is not recommending the SEU with a pool table or no food being served while they are open.  Ms. Morris said there will be no pool table and no dance floor.  Ms. Morris stated that Sean Kingston is a wholesome boy and just wants to grant him his wish to give to the community.  Commissioner Hilton asked again if they would be serving food until closing and Attorney Goren made it clear that beverage sale is ancillary to food service and must be served during the hours of operation.  Mr. Goren said for the record that this is not a bar and there is a very clear distinction in the law.  Ms. Morris said she understands.

 

MOTION:

A motion  to approve the proposed Special Exception Use permit to allow the limited sale of beer and wine with meals (on premises only) as an accessory use in a restaurant with a freestanding bar at (Sean Kingston’s Cafe) in the McNab 7 Plaza, a General Business District (B-3).

 

            Clerk polled Commission on the Motion.  Commission voted as follows:

            Commissioner Moyle            Yes

            Commissioner Hilton Yes

            Commissioner Frankel          No

            Vice-Mayor Cangemi            No

            Mayor Brady                         Yes

 

MOTION APPROVED ON A 3-2 VOTE

For the record, Attorney Goren stated that the item passes but the conditions set forth will all be documented and it is very clear that there is no pool table, no dance floor and that the hours of operation must include the sale of food as the principal source of revenue for the business.  He said that it is very important to understand that if there is a violation, their license could be revoked.

 

 

6.                  ORDINANCES SECOND READING

 

a.      ORDINANCE – Second Reading - City of North Lauderdale (“City”) - 20 year Elected Official Retirement Payment Plan Ordinance for Mayor Jack Brady

 

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

 

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 Goren stated that Florida law requires that in the absence of a pension system established by a Charter in a Municipality or County, it is required under State Statutes that after 20 years of consecutive public service, that upon the retirement or non-election of an elected official, the local governing body must appropriate, budget and pay one half of the last compensation of salary of the elected official, during his lifetime.

 

Public hearing opened.  No one spoke.  Public hearing closed.  No Commission discussion.

Commissioner Moyle made a motion to approve.  Seconded by Commissioner Frankel.  All yes.

 

ORDINANCE #08-11-1215   PASSED AND ADOPTED UNANIMOUSLY

 

 

7.                  CONSENT AGENDA

 

Commissioner Hilton moved to read consent agenda.  Seconded by Commissioner Frankel. No items were pulled from consent.

 

Attorney read:

 

a.      RESOLUTION – SWAV 08-02 - Sign Waiver request for Granada Apartments

SE corner of State Road 7 & McNab Road, abutting Florida Turnpike

APPLICANT:  Granada at North Lauderdale (Altman Development)

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING A SIGN WAIVER REQUEST BY GRANADA AT NORTH LAUDERDALE, LOCATED AT THE SOUTHEAST CORNER OF STATE ROAD 7 AND MCNAB ROAD, NORTH LAUDERDALE, FLORIDA, THEREBY PERMITTING THE INSTALLATION AND MAINTENANCE OF A 240 SQUARE FOOT (12 X 20) TEMPORARY DOUBLE-SIDED SIGN WHERE ONLY A 16 SQUARE FEET PER SIGN FACE AREA FOR A SALE OF LOTS WITHIN A SUBDIVISION IS  ALLOWED ACCORDING TO SECTION 94-14 (18) WITH 49 INCH CAPITAL LETTER “A” AND 17 INCHES IN HEIGHT TELEPHONE NUMBER, WHERE A MAXIMUM OF 16 INCH LETTERS ARE ALLOWED ACCORDING TO SECTION 94-16 (2) (D) FOR A TIME PERIOD OF ONE YEAR AND OPTION FOR ONE SIX-MONTH EXTENSION WITHIN AN EXISTING PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE.

 

 

RESOLUTION NO. 08-11-5384

 

 

b.      ORDINANCE - First  Reading: Amendment to Chapter 98 “Subdivision/Land Improvement Regulations, Article 4 Public Facility Capacity Review”, Section 98-85 “Adequacy of School Facilities” of the City’s Code of Ordinances

 

AN ORDINANCE OF THE CITY COMMISSION OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 98, “SUBDIVISION/LAND IMPROVEMENT REGULATIONS, “ARTICLE 4, “PUBLIC FACILITY CAPACITY REVIEW,” SECTION 98-85, “ADEQUACY OF SCHOOL FACILITES,” OF THE CODE OF ORDINANCES OF THE CITY OF NORTH LAUDERDALE, FLORIDA TO PROVIDE FOR  FUTURE LAND DEVELOPMENT PROJECTS WITH A RESIDENTIAL COMPONENT MEET REQUIREMENTS FOR PUBLIC SCHOOL CONCURRENCY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

ORDINANCE APPROVED ON FIRST READING

 

 

c.       SUBJECT - Holiday Season Administrative Leave

 

MOTION: To approve 4 hours of holiday leave be moved from Wednesday, December 24th to Friday, December 26th and an additional 4 hours administrative paid leave be allocated on Friday, December 26th, 2008 for non-emergency classification positions covered by the City’s Comprehensive Pay Plan.

 

Commissioner Frankel moved to approve consent agenda as read. Seconded by Commissioner Hilton.  No Commission discussion.  Clerk polled Commission.  All yes.

 

CONSENT AGENDA APPROVED UNANIMOUSLY

 

 

 

8.                  OTHER BUSINESS

 

a.      SUBJECT –Hampton Pines Park –RFQ 08-10-300

 

Commissioner Moyle moved to read.  Seconded by Commissioner Hilton.

Attorney read:

 

Attorney Goren stated that the two items run together and there have been several minor modifications of the titles which he read into the record as revised:  The revised version was provided to the Commission as back-up and were necessitated by some conversation with Broward County to make sure that we ensure the funding sources for the proposed project.

 

                                            i.            RESOLUTION – Accepting the Ranking of Evaluation Committee

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ACCEPTING THE RANKINGS OF THE EVALUATION COMMITTEE FOR THE HAMPTON PINES PARK PROJECT RANKING RECREATIONAL DESIGN CONSTRUCTION AS THE TOP RANKED FIRM AND THE MOST RESPONSIBLE, RESPONSIVE BIDDER; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNATEE TO SUBMIT THE RANKINGS AND ALL RELEVANT INFORMATION TO BROWARD COUNTY COMMUNITY DEVELOPMENT AND THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW AND APPROVAL; AND PROVIDING AN EFFECTIVE DATE.

 

Attorney Goren said the only contingency is that they need to have review locally by the County and also in Tallahassee when dealing with the funding mechanism for the project.

 

Mike Sargis, Parks and Recreation Director, addressed the Commission.  He said as reported earlier, the City has received a $500,000.00 Disaster Recovery Grant for Hampton Pines Park, for major damages suffered by the Park during Hurricane Wilma.  He said in September of this year he came before the Commission with a plan to offer out an RFQ seeking qualified vendors for the project.  Mr. Sargis said a total of 14 packets were distributed and they received back three.  He said in the packet they outlined a selection committee and selection process…Mr. Sargis said the selection committee included himself; Mike Shields, Public Works Director; Ken O’Farrell, Parks Director; Tammy Reed-Holguin, Community Development Director; Ambreen Bhatty, Assistant City Manager; Shana Bridgeman, City Attorney’s Office; and Greg Warner, Parks and Recreation Director from the City of Tamarac.  Mr. Sargis said when the proposals were received, they were distributed to the members of the selection committee, who had two weeks to evaluate the written proposals and come up with a grade score for each vendor.  Then, oral presentations were done by all three vendors and a final ranking was created.  Mr. Sargis said through the process they made it very clear that the project must be completed by the end of April, 2009.  He said the State has given very little time to prepare for and complete the project, and has made it clear that there is no chance for extensions.  Mr. Sargis said Recreational Design Construction had a total score of 87.39; Whiting Turner had a total score of 79.64 and Dwight Stephenson Construction had a total score of 75.54.  After the evaluations were completed, the Committee met for discussion and felt that Dwight Stephenson Construction should be ranked as the second vendor because their oral presentation was better than their written proposal packet. Mr. Sargis said the Committee felt that Recreational Design Construction should be ranked first.  Mr. Sargis said they are recommending approval of Recreational Design Construction as the number one vendor; Dwight Stephenson Construction as the number two vendor and Whiting Turner as the number three vendor.  He said the company picked as the number one vendor, Recreational Design Construction is located in Fort Lauderdale, about 15 minutes from the site, and they put together an excellent team of professionals and park builders, and an excellent park landscape architect who has very good ideas to preserve the natural feel of the park.  Further, Mr. Sargis said the engineering firm that the company brings in is a qualified park designer who has been in the business of building parks for 25 years.  Mr. Sargis said they have an excellent reputation as being a premiere design/build firm for parks.  Mr. Sargis said over the next few weeks it is their desire to negotiate a contract.

 

Commissioner Frankel made a motion to approve.  Seconded by Commissioner Hilton.  Clerk polled Commission.  All yes.

 

RESOLUTION NO.  08-11-5385

 

 

                                          ii.            RESOLUTION - Authorizing negotiations with Top Vendor for Hampton Pines Park

 

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGITIOATE AND ENTER INTO AN AGREEMENT WITH RECREATIONAL DESIGN & CONSTRUCTION, FOR DESIGN-BUILD SERVICES FOR CONSTRUCTION OF THE HAMPTON PINES PARK PROJECT, WITH A COMPLETION DATE OF APRIL 2009; CONTINGENT UPON APPROVAL OF THE RANKING AND SELECTION PROCESS BY BROWARD COUNTY COMMUNITY DEVELOPMENT AND THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING AN EFFECTIVE DATE.

 

 

Commissioner Hilton made a motion to approve.  Seconded by Commissioner Frankel.  Clerk polled Commission.  All yes.

 

 

RESOLUTION NO.  08-11-5386

 

 

b.      RESOLUTION - 35th Year (2009-2010) Community Development Block Grant Application

 

Commissioner Hilton moved to read.  Seconded by Vice Mayor Cangemi.

Attorney Read:

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING  AND DIRECTING THE CITY MANAGER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, TO APPLY FOR AND TO FILE SUCH DOCUMENTS AS MAY BE REASONABLY REQUIRED FOR AVAILABLE  35th YEAR (FISCAL YEAR OCTOBER 2009 – SEPTEMBER 2010) COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF AN ESTIMATED $346,855 FOR PROGRAMS THAT MAY INCLUDE THE CONTINUATION OF THE CITY’S HOMEOWNERSHIP OPPORTUNITIES PROGRAM (CITY WIDE), AND THE CODE ENFORCEMENT PROGRAM WITHIN CDBG ELIGIBLE AREAS WHICH WILL CONTINUE TO HELP IN THE PREVENTION OF ABANDONED PROPERTY DETERIORATION CONTRIBUTING TO SLUM AND/OR BLIGHTED CONDITIONS; PROVIDING THAT THE CITY MANAGER SHALL BE AUTHORIZED TO EXECUTE GRANT AWARD AGREEMENTS AND TO IMPLEMENT SAID PROGRAMS IF AND WHEN FUNDING IS APPROVED; PROVIDING FOR FINDINGS AND CONCLUSIONS WITH REGARD TO THE BENEFITS TO BE DERIVED BY PROCESSING AND OBTAINING SUCH GRANT  FUNDS; AND, PROVIDING AN EFFECTIVE DATE.

 

Tammy Reed-Holguin, Community Development Director, addressed the Commission and stated that they are seeking approval of the submittal of the Community Development Block Grant Application to Broward County.  She said the application is due on December 15th to Broward County.  Ms. Reed-Holguin gave a brief history of what has been done with the Block Grant Funds in the past, and said they are currently closing out their 33rd Year and that money was allocated for property acquisition program for the public facility renovation of the Senior Center which was the old library on the Boulevard of Champions; the removal of architectural barriers which was the renovation of the first floor bathrooms at City Hall and the upcoming installation of an automatic door to the front of City Hall, and the Home Opportunity Program for first-time home buyers.  Ms. Reed-Holguin said they are currently signing the contracts for the 34th Year and that is for $253,000.00.  After meeting with the Housing Authority on two separate occasions, on October 20th and November 6th it was recommended that they continue the Homeownership Program and continue the Code Enforcement program to address the foreclosure issues within the City, and that both those programs continue into next years funding.

Ms. Reed-Holguin said they are requesting adoption of the Resolution allowing the City Manager to apply for the funds and she is requesting flexibility to adjust funding, or amend the programs incorporated into the program depending on the final response from Broward County.  She said they would not add new programs, but may modify depending on Broward County’s review. 

 

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

 

RESOLUTION NO. 08-11-5387

 

 

c.        RESOLUTION – Appointing Representatives to the State Road 7 / US 441 Aesthetic and Economic Development Committee and Authorizing the City Manager to Enter into the Renewal of the State Road 7 Partnership Agreement for 2008-09

 

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

Attorney read:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO THE ATTACHED AGREEMENT BY AND BETWEEN THE CITY OF NORTH LAUDERDALE, FLORIDA AND OTHER SIGNATORY AGENCIES, ORGANIZATIONS AND GOVERNMENTS WITHIN BROWARD, MIAMI-DADE AND PALM BEACH COUNTIES TO WORK COLLABORATIVELY IN ORDER TO FACILITATE THE AESTHETIC AND ECONOMIC REVITALIZATION OF THE STATE ROAD 7/U.S. 441 CORRIDOR; PROVIDING FOR THE DESIGNATION OF A PRIMARY AND ALTERNATE REPRESENTATIVE TO SERVE ON THE STATE ROAD 7/U.S.441 AESTHETIC AND ECONOMIC DEVELOPMENT COMMITTEE; AND PROVIDING AN EFFECTIVE DATE.

 

Tammy Reed Holguin reminded the Commission that in early 2000, the South Florida Regional Planning Council created the State Road 7/U.S. 441 Aesthetic and Economic Development Committee for all the cities that have businesses along that corridor to create guidelines for the types of businesses brought into that area.  The City of North Lauderdale adopted Resolution No. 01-04-4180 which appointed Commissioner Frank Messana and Commissioner Gary Frankel to the Committee.  In order to continue the efforts the SFRPC has requested each city to confirm appointments to the Committee and renew their participation through the attached partnership agreement.  The agreement was reviewed in conjunction with the City Attorney’s office.  Ms. Reed-Holguin said there is no requirement of financial commitment on the part of the City.  She said tonight they are seeking appointment of two members to the committee and approval for the City Manager to enter into the partnership agreement.

 

Commissioner Rich Moyle was nominated as the primary representative and Commissioner Frankel as the alternate.  Clerk polled Commission.  All yes.

 

RESOLUTION NO.  08-11-5388

 

9.                  REPORTS

 

a.      Update on Federal Neighborhood Stabilization Program – Tammy Reed-Holguin

 

Ms. Reed-Holguin provided a copy of the application submitted to the County which lists the projects they wanted to go forward with.  She said that following the last Commission meeting, Mayor Brady submitted a letter to Mayor Wexler expressing the concerns and desires of the City Commission regarding the program, stating basically that we wanted to implement the program because we felt we were in the best position to do so.  She said it generated a lot of response and she spoke with Mr. Stone, with the Community Development Department and on November 10th a meeting was held with other Cities.  The only other city that said they were interested was Hallandale Beach.  Ms. Reed-Holguin said that Broward County staff had no problem with that and they will be sending a draft of a Community Housing Development Organization agreement to use as a model, to enter into with the County so that we could implement the program ourselves.  She thanked the Commission for their support in pursuit of that and that the request was successful.  Also, she said, we have been allocated a little over 1.9 million dollars in the agreement and some administrative money which has yet to be negotiated.  Commissioner Moyle said Tammy Reed-Holguin and her staff did an impressive job putting everything together and the fact that we were prepared helped in implementing it.  Also, Mr. Moyle commended our City for already doing the things that have been recommended by the National League of Cities.

 

10.              COMMISSION COMMENTS – No Commission comments.

 

 

11.              CITY MANAGER COMMENTS

 

a.                  City Manager Sala asked the Commission for consensus on moving forward with the Millenium Group option and would report back to the Commission in December.  Commission consensus was all yes.

 

b.                  City Manager Review – Mr. Sala said he met individually with each Commission member to discuss the year’s goals and accomplishments and at this time asked if there were any other questions the Commission wished to address.  Commissioner Moyle asked when his contract was up and Mr. Sala responded in September of 2010.  Commissioner Moyle said he is pleased with the accomplishments of the City Manager and the amount of money that has been saved and that we are a viable, solvent City under Mr. Sala’s direction.  Commissioner Moyle mentioned some concerns about the two election cycles coming up and recommended to extend the City Manager’s contract for another two years, so that there is someone in place who is familiar with the City business in the event that some of the current Commission is gone and to help transition any potential new members.

 

Commissioner Moyle made a motion to extend the City Manager Sala’s employment contract for another two years.  Vice Mayor Cangemi seconded the Motion.

 

Vice Mayor Cangemi asked the City Manager if he wanted to extend for another two years and he replied that one year may be more in line with plans he has in the future.

 

Commissioner Moyle withdrew the first motion and made a second motion to retain the City Manager for one year beyond his contract end.  Seconded by Vice Mayor Cangemi.

 

For clarification, Attorney Goren said that would be through September of 2011, and further said the motion if adopted, would also direct his office to prepare the Third Amendment to the employment contract.

 

Clerk polled Commission.  All yes.

 

 

12.              CITY ATTORNEY COMMENTS

 

Attorney Goren read titles of all three proposed Resolutions and explained the importance and impact of each issue.

 

a.      RESOLUTION – Supporting Elimination of Unfunded State Mandates

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, RELATING TO UNFUNDED STATE MANDATES; URGING THE UTILIZATION OF ANY MEANS NECESSARY TO REQUIRE THE FLORIDA LEGISLATURE TO ELIMINATE UNFUNDED STATE MANDATES ON LOCAL GOVERNMENTS; URGING THE FLORIDA LEAGUE OF CITIES TO CONSIDER THE SPONSORSHIP OF AN INITIATIVE PETITION, TO AMEND ARTICLE VII, SECTION 18(a) OF THE FLORIDA CONSTITUTION TO ELIMINATE THE CLAUSE ALLOWING FOR UNFUNDED MANDATES BY A TWO-THIRDS MAJORITY, AND TO POTENTIALLY AMEND OTHER CLAUSES OF SAID SUBSECTION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE GOVERNOR OF THE STATE OF FLORIDA, MEMBERS OF THE FLORIDA LEGISLATURE, THE FLORIDA LEAGUE OF CITIES, BROWARD LEAGUE OF CITIES, THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, AND ALL MUNICIPALITIES LOCATED WITHIN BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE.

 

Commissioner Frankel moved to approve.  Seconded by Commissioner Hilton. Clerk polled Commission.  All yes.

 

RESOLUTION NO. 08-11-5389

 

b.      RESOLUTION -  Opposing “Florida Hometown Democracy” Constitutional Amendment Drive

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, OPPOSING AN AMENDMENT TO THE  FLORIDA CONSTITUTION REQUIRING THAT EVERY AMENDMENT TO A CITY'S OR COUNTY'S COMPREHENSIVE PLAN BE SUBJECT TO A VOTE OF THE RESPECTIVE CITY'S OR COUNTY'S ELECTORATE; ENCOURAGING PUBLIC PARTICIPATION IN THE LOCAL GOVERNMENT DECISION- MAKING PROCESS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE BROWARD LEAGUE OF CITIES, THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, AND  ALL MUNICIPALITIES LOCATED WITHIN BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

 

Commissioner Hilton moved to approve.  Seconded by Commissioner Frankel.  Clerk polled Commission.  All yes.

 

RESOLUTION NO. 08-11-5390

 

 

c.       RESOLUTION -  Supporting an Amendment to the Florida Constitution Requiring the Florida Legislature to operate under the Florida Sunshine Laws

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUPPORTING AN AMENDMENT TO THE FLORIDA CONSTITUTION REQUIRING THE FLORIDA LEGISLATURE TO OPERATE UNDER THE FLORIDA SUNSHINE LAWS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE CHAIR OF THE COMMISSION ON OPEN GOVERNMENT, THE GOVERNOR OF THE STATE OF FLORIDA, BROWARD LEAGUE OF CITIES, THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, AND ALL MUNICIPALITIES LOCATED WITHIN BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

 

Commissioner Hilton moved to approve.  Seconded by Commissioner Frankel.  Clerk polled Commission.  All yes.

 

RESOLUTION NO. 08-11-5391

 

 

d.      SUBJECT– Re-Districting of Political Districts

Walk-on Item:

Attorney Goren advised that based on the Charter it was time to re-district the political districts.  Mr. Goren recommended that the Commission adopt a Resolution hiring Dr. Ronald Schultz to re-district the city.  He said Dr. Schultz has a history with the City, as he did the first district map of the City in 1984, and four years ago did the last re-districting.

 

Attorney Goren read title:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH DR. RONALD R. SCHULTZ, PH.D., IN AND AMOUNT NOT TO EXCEED $16,000.00 TO REVIEW THE CURRENT ELECTION DISTRICTS, AS APPROPRIATE, IN ACCORDANCE WITH SECTION 3.2 OF THE CITY’S CHARTER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Commissioner Hilton moved to approve.  Seconded by Commissioner Frankel.  Clerk polled Commission.  All yes.

 

RESOLUTION NO. 08-11-5392

 

 

13.              ADJOURNMENT – There being no further business the meeting was adjourned at 7:16 p.m.

 

Respectfully submitted,

 

 

 

Patricia Vancheri

Interim City Clerk