CITY OF NORTH LAUDERDALE

REGULAR COMMISSION MEETING - 5:30 P.M.

TUESDAY, NOVEMBER 13, 2007

Minutes

The North Lauderdale City Commission met on October 9, 2007 at the Municipal Complex. The meeting convened at 5:30 p.m.

1. INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Cangemi

2. ROLL CALL

Mayor Jack Brady

Vice Mayor Rich Moyle

Commissioner Gary Frankel

Commissioner John R. Cangemi

Commissioner David G. Hilton

City Manager Richard D. Sala

City Attorney Samuel Goren

Acting City Clerk Patricia Vancheri

3. APPROVAL OF MINUTES September 5, 2007

Commissioner Gary Frankel made a motion to approve the minutes. Seconded by Commissioner Cangemi. All in favor.

4. PRESENTATIONS

a. Chief Kevin Bowman - Chief Fire Officer Designation Award presented by Chief Cavallo. This is a hard earned award and the City is honored; most Fire Chiefs do not possess both of these awards. Chief Kevin Bowman thanked the City Commission, City Manager and Chief Cavallo for their support while achieving the designation of Chief Fire Officer.

b. 2008 Election Update -Tonya Edwards, on behalf of the Supervisor of Elections Brenda Snipes, updated the City Commission on the upcoming 2008 elections. January 29^th is the Presidential Preference Primary Election and the touch screen voting machine will be used. There will be another primary election on August 26^th 2008 and Presidential Election November 4 2008. The new Optical Scan voting machines will be used in both those elections. There are a couple legislative changes that are now in effect. Anyone who possesses a valid drivers license (age 16 and over) can pre-register to vote and signing up for absentee ballots is good for two elections. Materials were left to help recruit poll workers for the January 29^th election.

5. PUBLIC DISCUSSION—No one signed up to speak.

6. QUASI-JUDICIAL ITEMS

MOTION - To table the following item to time certain of December 11, 2007 as requested by the applicant.

a. PLAT (PLT 07-01)

NAME OF APPLICANT: Pulice Land Surveyors Inc.

PROJECT NAME: Izzy and Max Plat

PROJECT LOCATION: N. State Road 7 just North of Prospect Road

PROJECT DESCRIPTION:

Final approval to replat 6000sq feet for commercial use, a portion of tract 16 “Fort Lauderdale Truck Farms Company Plat”(approximately 27.47 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

Commissioner Frankel motioned to table the item at the applicants request until the December 11^th Commission meeting seconded by Vice Mayor Moyle. All in favor.

7. ORDINANCES SECOND READING

a. Second Reading: Lien Search Fee Increase from $30.00 to $40.00

· Motion, second and vote to read the ordinance

· Attorney reads title

· Staff presentation

· Public Hearing opened

· Public discussion

· Public Hearing closed

· Commission motion and second to adopt

· Commission discussion

· Commission vote

Motion to read the title was made by Commissioner Frankel seconded by Vice Mayor Moyle. All in favor.

Attorney read:

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING “ARTICLE II, SECTION 54, APPENDIX F- FEES” OF CITY’S CODE OF ORDINANCES TO PROVIDE FOR AN INCREASE TO THE MINIMUM SERVICE FEE FOR RESEARCHING AND RESPONDING TO LIEN REQUESTS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE.

Deputy Clerk Vancheri advised the Commission that this was from the July 17th budget hearing. The increase is due to the increased amount of liens the Clerk’s office receives, the amount of time needed to do the searches and the cost to mail and fax the liens back to the various lien companies.

Public hearing opened. No comments. Public hearing closed.

Vice Mayor Moyle suggested increasing the fee to $45 because of the increased workload. Deputy Clerk Vancheri said a survey was conducted last year and the $40 dollars is in line with other municipalities and companies that do lien searches.

Commissioner Frankel motioned to approve. Seconded by Commissioner Cangemi.

ORDINANCE 07-11-1197 PASSED AND ADOPTED UNANIMOUSLY

b. Second Reading: Utility Billing Ordinance revising Fees and Procedures

· Motion, second and vote to read the ordinance

· Attorney reads title

· Staff presentation

· Public Hearing opened

· Public discussion

· Public Hearing closed

· Commission motion and second to adopt

· Commission discussion

· Commission vote

Motion to read the title was made by Commissioner Frankel seconded by Commissioner Cangemi. All in favor.

Attorney read:

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 70 OF THE NORTH LAUDERDALE CODE OF ORDINANCES, ENTITLED “UTILITIES”; AMENDING SECTION 70-4, ENTITLED “SIMULTANEOUS WATER, SEWER AND STORMWATER MANAGEMENT RATES”; AMENDING SECTION 70-6, ENTITLED “BILLING PROCEDURE, DELINQUENT ACCOUNTS”, BY REVISING THE TIMEPERIOD AND FINE AMOUNTS FOR DELINQUENT ACCOUNTS; AMENDING SECTION 60 OF APPENDIX F, ENTITLED “WATER AND SEWER – GENERALLY”, BY SPECIFICALLY REVISING THE FINE AMOUNTS FOR THE DISCONTINUANCE OF WATER SERVICE FOR NONPAYMENTS OF AMOUNTS BILLED; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

Public Works Director Mike Shields informed the Commission that the amended procedures would take effect February 1 2008 to coincide with the Munis conversion. Staff believes it had addressed all the Commission’s concerns from the July meeting and the City is in line with other municipalities. The biggest change is the turn-off procedures going from 63 days shut-off to 34 days shut-off. City Manager Sala reminded the Commission that the back-up had bullets of the recommended changes.

Public hearing opened. No comments. Public hearing closed.

Motion to approve made by Commissioner Frankel and seconded by Commissioner Cangemi. No discussion.

ORDINANCE 07-11-1198 PASSED AND ADOPTED UNANIMOUSLY

8. CONSENT AGENDA

City Manager Sala requested consent item C (i) (ii) be pulled from the Consent agenda to be tabled until the November 29^th Commission meeting to give staff more time to review the computer replacement schedule. Vice Mayor Moyle requested item B to be pulled.

· Remove any items from consent agenda desired by Commission

· Motion, second and vote to read consent agenda

· Attorney reads consent agenda

· Motion, second and vote to adopt the consent agenda

Motion by Commissioner Frankel to read Consent agenda item A only seconded by Vice Mayor Moyle. All in favor.

Attorney reads:

a. ORDINANCE – First Reading: Adoption of Domestic Violence Leave Policy

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 46, "PERSONNEL", ARTICLE IX, "HOLIDAYS, VACATIONS, AND LEAVES", OF THE NORTH LAUDERDALE CODE OF ORDINANCES OF THE CITY OF NORTH LAUDERDALE, BY ENACTING A NEW SECTION 46-241, ENTITLED "DOMESTIC VIOLENCE LEAVE POLICY", TO PROVIDE FOR THE IMPLEMENTATION OF A DOMESTIC VIOLENCE LEAVE POLICY FOR CITY EMPLOYEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

Motion to approve made by Commissioner Frankel seconded by Commissioner Cangemi. No discussion. All in favor.

City Attorney Goren advised the Statute was adopted on October 1, 2007 and that is why it is in front of the Commission this evening.

b. RESOLUTION - SIGN WAIVER (SWAV 07-02)

NAME OF APPLICANT: Broward Meat & Fish of North Lauderdale

PROJECT NAME: Broward Meat & Fish Company

PROJECT LOCATION: 8040 W. McNab Road

PROJECT DESCRIPTION:

To allow 40 inches in height letters on a wall identification sign, where maximum 16 inches in height letters are allowed by Section 94-16(c) (2) c within a Community Business (B-2) Zoning District.

Motion to read title made by Vice Mayor Moyle and seconded by Commissioner Frankel.

Attorney reads:

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING A SIGN WAIVER REQUEST FOR BROWARD MEAT & FISH COMPANY, LOCATED AT 8040 WEST McNAB ROAD, NORTH LAUDERDALE, FLORIDA, THEREBY PERMITTING THE INSTALLATION AND MAINTENANCE OF A SIGN WITH 40” HIGH CAPITAL LETTERS WHERE MAXIMUM 16 INCHES HIGH LETTERS ARE ALLOWED BY SECTION 94-16 (C) (2) c OF THE CITY’S CODE OF ORDINANCE WITHIN A COMMUNITY BUSINESS (B-2) ZONING DISTRICT.

Motion to approve made by Vice Mayor Moyle and seconded by Commissioner Frankel. Vice Mayor Moyle pulled the item to welcome Broward Meat & Fish Company into the City. He said it is a great thing for our City. The 40 inch letters are perfect for that location. Commissioner Hilton questioned whether there was a timeline for an opening. Community Development Director Tammy Reed Holguin said all the permits had been pulled and she would check on a timeline. Commissioner Cangemi questioned whether they still planned on having a restaurant inside. Community Development Director Tammy Reed Holguin said she did not know, but the company did state at the beginning of this process that they were planning on having an eatery.

RESOLUTION 07-11-5275 PASSED AND ADOPTED UNANIMOUSLY

c. RESOLUTION- Computer Replacements Program for FY 2008

i. Purchase of New Computers

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AN EXPENDITURE NOT TO EXCEED $29,200.00 FOR THE CITY’S PURCHASE OF 29 REPLACEMENT COMPUTERS AS SET FORTH IN SECTION 1 BELOW, MADE A SPECIFIC PART OF THIS RESOLUTION FROM DELL COMPUTERS; PROVIDING FOR FUNDING; AND PROVIDING FOR AN EFFECTIVE DATE.

ii. Surplus Computers

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA DECLARING THOSE CERTAIN COMPUTERS AS LISTED IN EXHIBITS "A" , ATTACHED HERETO, AS SURPLUS TO THE NEEDS OF THE CITY OF NORTH LAUDERDALE, DUE TO THE CONDITION OF THE EQUIPMENT OR PROPERTY AND/OR THE CURRENT NEEDS OF THE CITY; AUTHORIZING THE CITY MANAGER TO DISPOSE OF SURPLUS COMPUTER EQUIPMENT; DIRECTING THE CITY CLERK TO RECORD THIS RESOLUTION AS AUTHORITY FOR DISPOSAL OR DONATION OF SAID PROPERTY PURSUANT TO CHAPTER 2, ARTICLE II, SECTION 2-36 OF THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

Motion to table item C (i) (ii) to November 29th made by Commissioner Frankel seconded by Commissioner Cangemi. All in favor.

9. OTHER BUSINESS

a. ORDINANCE – First Reading

Adoption of the City of North Lauderdale Comprehensive Plan as amended based on the Evaluation and Appraisal Report (EAR)-Based Amendments, for transmittal to the Florida Department of Community Affairs (DCA) for its review of sufficiency pursuant to the requirements of Chapter 163.3191 Florida Statutes. (SEE ATTACHED BINDER)

· Motion, second and vote to read

· Attorney reads title

· Staff presentation

· Commission motion and second to adopt

· Commission discussion

· Commission vote

Motion to read title was made by Vice Mayor Moyle and seconded by Commissioner Cangemi. All in favor.

Attorney reads:

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE ADOPTING THE AMENDED CITY OF NORTH LAUDERDALE COMPREHENSIVE PLAN BASED ON THE RECOMMENDATIONS INCLUDED IN THE EVALUATION AND APPRAISAL REPORT; AND APPROVING TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS IN ACCORDANCE WITH SECTION 163.3189, FLORIDA STATUTES

Mayor Brady advised the Commission this was an unfunded mandate by the State. Community Development Director Tammy Reed Holguin gave each Commissioner a handout and advised that the Broward County School Board had a comment and requested objective #6 with four policies listed on the handout be included in the plan before the document is sent to the Department of Community Affairs. The document before you this evening is the Evaluation and Appraisal Report (EAR), which was started in 2005. The City identified 15 major issues that needed a closer look, such as the direction we were going in, the progress we made, or items that might have changed in the last 10 years. We hired Michael Miller Planning Associates to work on the Appraisal report. The Department of Community Affairs said the report was sufficient and could move forward. The Planning and Zoning Board adopted the amendments after a public hearing at the November 5th meeting. Also in the backup is a memo from our consulting firm JPR Planning Services outlining the different elements. Vice Mayor Moyle questioned what the acronyms throughout the document that was handed out meant and he said the Public School element to the plan was very interesting about the schools student enrollment. Commissioner Frankel inquired as to whether this was part of the growth management act.

Motion to approve was made by Vice Mayor Moyle and seconded by Commissioner Cangemi. All in favor.

b. RESOLUTION –State Revolving Fund Program for Water Treatment Plant Upgrades

· Motion, second and vote to read

· Attorney reads title

· Staff presentation

· Commission motion and second to adopt

· Commission discussion

· Commission vote

Motion to read title made by Commissioner Frankel seconded by Commissioner Cangemi.

Attorney reads:

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO SUBMIT AN APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE REVOLVING FUND PROGRAM IN AN AMOUNT NOT TO EXCEED $5,000,000 TO PROVIDE FUNDING TOWARDS REFURBISHMENT OF THE CITY’S WATER TREATMENT PLANT AND TO RETAIN THE SERVICES OF CALVIN GIORDANO & ASSOCIATES, UNDER THE CITY’S CONTINUING CONTRACT, TO COMPILE THE DOCUMENTS NECESSARY TO APPLY FOR THIS REVOLVING FUND PROGRAM IN AN AMOUNT NOT TO EXCEED $60,000; PROVIDING FOR FINDINGS AND CONCLUSIONS WITH REGARD TO THE BENEFITS TO BE DERIVED BY APPLYING FOR SUCH FUNDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

Public Works Director Mike Shields introduced Jim Roberts from the Engineering Firm of Giordano and Associates who will be the lead person working with the Grants Coordinator, Dana Spencer, on getting the money from the state. Shields stated the City was pre-approved and the City is just going through some formalities. The water plant needs a lot of work and he will be coming back to the Commission with the capital plans in the near future. It will take 2-3 years to completely upgrade the water plant and cost would be between $2-3 million. City Manager Sala advised the Commission that through the efforts of the Grants Coordinator and Finance Department, both of which did a great job, they are bringing this opportunity to the forefront. The upgrade to the Water Plant will cost a lot of money, but this will save on the debt in the future.

Motion to approve was made by Commissioner Frankel and seconded by Commissioner Cangemi. No discussion. All in favor.

RESOLUTION 07-11-5278 PASSED AND ADOPTED UNANIMOUSLY

10. REPORTS

a. Public Works/Utilities Items – (Mike Shields)

i. Bus Bench Update—Martin Media given 30 days to remove benches which are too close together. Should see progress in next couple of weeks.

ii. FPL Street Lighting –Down to one service left to do. Sent a purchase order to FPL to put the additional pole in at park. Balance of the lights are somewhat operational there are still some not working, but they should be coming on in the next few weeks.

iii. Monument and Marquee Signs—Should be completed by first of the year. Waiting on quotations for the two towers, and if price comes in reasonable will give green light for go ahead. The signage is already done.

iv. Progress report on Fire Station 34 construction—Planning on a March grand opening and everything appears to be on schedule. Reimbursable agreement from the County for off-site utilities will be before the Commission at the next meeting. Looking to recoup $150,000-$200,000 of the money spent to put the water and sewer at the fire station.

b. Update on Actions recommended to address Abandoned/Foreclosed Properties

Tammy Reed-Holguin handed out a draft for job position Neighborhood Improvement Coordinator . Human Resource looked at other cities for job description, some cities had similar, but North Lauderdale is in the fore-front on this issue. City Attorney Sam Goren is working on draft of California ordinance to overlay into North Lauderdale ordinance. He will be bringing back a draft for first reading at next Commission meeting. Commissioner Frankel said the job description was terrific and included everything. Mayor Brady thanked the resident who brought the California ordinance to his attention. Community Development Director Tammy Reed Holguin said staff was also working on an International Property Maintenance Code but it needs more work and she will bring back something next meeting for first reading with the adoption possibly at the December 11th meeting. Plans are to have everything in place before bringing the Neighborhood Improvement Coordinator on board.

11. COMMISSION COMMENTS

a. MOTION: To approve the expenditure of $250.00 to place a full page congratulatory ad in the Coconut Creek High Year Book.

Mayor Brady said these are our kids attending the Coconut Creek High School. Motion to approve by Commissioner Frankel seconded by Commissioner Cangemi. All in favor.

Vice Mayor Moyle suggested staff look into businesses opened 24 hours in the City and whether to require those establishments have surveillance cameras. City Manager Sala said staff would look into the matter.

Mayor Brady suggested staff look into a possible four day work week. Coconut Creek has had it in effect for a couple of years with cost savings on electric, and reduction in employees calling in sick and better hours for residents to access services. Other cities are looking into this also. City Manager Sala said staff was already working on this and the plan is to bring back a report for the November 29th Commission meeting for further discussion and direction.

12. CITY MANAGER COMMENTS

a. City Manager Review –

City Manager Sala thanked the Commission for the opportunity to work with them, the dedicated staff and serve the residents of North Lauderdale. Last year was very challenging with the tax reform issues, budgetary issues and housing bust. Met with the Commission individually received constructive direction and positive feedback. City Attorney Goren advised the Commission that a memo was in their back up from the City Manager that describes the events from the past year. There is no request for incentive pay or increase in compensation. Term of the contract is 2010. Commission can comment on the record if need be. Having this review is a contract obligation on an annual basis.

Commissioner Cangemi stated it is a pleasure working with City Manager Sala and under the circumstances of the past year everyone has been working very well as a team. Vice Mayor Moyle stated City Manager Sala is one of the most competent in the county. The ideas he brings forth to save us money; how he and staff got us through this budget year; and all the fresh ideas brought forth. I appreciate what he does for this City. Mayor Brady said it had been a rollercoaster ride with a learning curve and we all worked together as a team building a future.

13. CITY ATTORNEY COMMENTS

a. Post Hurricane Debris Collection Contract – Update/Direction—Need direction from Commission regarding two contracts from short list and bidding process with Goodfellas and Sunshine 2000 which have not yet been signed. Continue with contract or re-open for bid for next year. Mayor Brady questioned whether the Commission needed to re-bid by FEMA regulations. City Attorney Goren advised the Commission was in compliance with FEMA regulations. Mayor Brady passed the gavel and moved to go out for an RFP in January. Motion was seconded by Commissioner Cangemi. A timeline for the RFP process will be placed on the December 11^th Commission meeting agenda. All in favor.

b. City-wide Garbage Collection RFP – Direction Commission agreed to look at the current contract with the two current vendors. City Manager will come back with report in January or February.

c. Discussion on Creation of:

i. Special Assessment District for Garbage Collection—Now have special assessment for fire services and water control district. Florida law allows for special assessment for garbage collection. Broward County, Coconut Creek and Coral Springs all have the assessment and it is placed on the tax bill annually…with homeowners paying for garbage upfront.

ii. Street Lighting District—Same premise as special assessment for garbage collection, but this would be for street lighting. With assets from the general fund possibly dwindling from Constitutional Amendments and State mandates, staff would like to explore ways to pay these lighting bills, so we can conserve some funds to help pay for services. Do some more homework.

Commission consensus yes to move forward both items.

City Attorney Goren thanked those who attended the Florida League of Cities Excellence Awards in Orlando last week. and indicated that their friendship means more than a third party award. Thank you again for your friendship.

14. ADJOURNMENT—Meeting adjourned at 7:45 pm

Respectfully submitted,

Patricia Vancheri

Acting City Clerk