CITY OF NORTH LAUDERDALE

COMMISSION MEETING

MAY 31, 2006

 

4:30 P.M. – RETREAT FOLLOW-UP

 

5:30 P.M. – MID YEAR BUDGET REVIEW

 

 7:00 P.M. REGULAR COMMISSION MEETING

 

MINUTES

The North Lauderdale City Commission met on May 31, 2006 at the Municipal Complex.  The meeting convened at 7 P.M.

 

 

1.                  INVOCATION AND PLEDGE OF ALLEGIANCE  – Commissioner David Hilton

 

2.                  ROLL CALL

 

Present:

     

Mayor Jack Brady

Vice Mayor Rich Moyle

Commissioner Gary Frankel

Commissioner John Cangemi

Commissioner David Hilton

City Manager Richard Sala

City Attorney Samuel Goren

City Clerk C. Milli Dyer

 

3.                  APPROVAL OF MINUTES

 

a.       City Commission May 9, 2006 – Motion to approve by Commissioner Frankel. Seconded by Commissioner Cangemi.   All yes.

 

b.       Water Control District May 9, 2006 (for information purposes only – to be approved at the next Water Control District Meeting)

 

4.                  PRESENTATIONS

a.       Representative Ari Porth – Legislative update   Told  about the 4 bills he presented in Tallahassee   and the outcome of each.

 

b.      Recognition – Paramedics of the year:

Firefighter/Lead Medic Nelson Canizares (Station 44)

Firefighter/Lead Medic John Barry (Station 34)

 

c.       Recognition – ALS Team

Firefighter/Paramedic Anthony Busk

Firefighter/Paramedic Andrew Director

Firefighter/Paramedic Michael Lawrence

Firefighter/Paramedic Troy Lanza

 

d.      Proclamation – Code Enforcement Officers Week – presented to R. Lippek

 

e.       BSO Presentation - R. Sala introduced the item. 

John Curry and Colonel Lawrey represented BSO.   Colonel Lawry presented a proposal for the use of the school building.  (a full service training facility)  They showed slides of the presentation.  Major John Carol presented the slides.

 

                        i)          BSO Services - Police/Fire/Code Enforcement

                        ii)         School Facility Lease Proposal

 

Total Cost for police, fire and code enforcement $13,145,217.00.

 

 

5.         PUBLIC DISCUSSION

 

Ballinger spoke about JAYCEES   Asked City to be sponsor.  $350.00

 

Robert Sherman – Congratulate the Commission on remembering Carl Fusco.  Spoke about renaming sports complex.  “Why should they take honor away from Soroka.  It’s not fair to steal the honor from him.”

 

Susan Beatty 5290 NW 32 terrace -   Spoke about affordable housing and the demise of the mobile home parks.

 

Jerry Graziose -   1560 SW 63rd Avenue objects to naming of Station 34 for Milli Dyer.  Feels it should have been named for a former chief.

 

 

6.                  REFERENDUM ITEMS – ORDINANCES SECOND READING

 

a.                  Draft Proposal #1– (REFERENDUM ITEM #1) ALL ELECTIONS FOR CITY OFFICES TO BE HELD IN NOVEMBER

 

Commissioner Frankel moved to read.  Seconded by Commissioner Cangemi.  All yes.

 

Attorney Goren read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 3, ENTITLED “LEGISLATIVE FORM OF GOVERNMENT,” AND IN PARTICULAR  AMENDING SECTION 3.2 ENTITLED “CITY COMMISSION; COMPOSITION; ELIGIBILITY; ELECTION AND TERM OF OFFICE;” AND ARTICLE 8, ENTITLED “NOMINATIONS AND ELECTIONS,” AND IN PARTICULAR AMENDING SECTION 8.0 ENTITLED “GENERALLY”; PROVIDING FOR ALL ELECTIONS FOR CITY OFFICES TO BE HELD IN NOVEMBER IN ACCORDANCE WITH SECTION 100.031, F.S. AND 2005 FL LAW CH. 318 AND 2004 FL LAW CH. 443; PROVIDING FOR AN EIGHT-MONTH EXTENSION TO THE CURRENT TERMS OF THE MAYOR AND EACH COMMISSIONER; PROVIDING FOR AN EXTENSION OF THE TERMS OF COMMISSION MEMBERS FOR ONE ELECTION CYCLE TO PRESERVE THE STAGGERED VOTING PROCESS; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER 2006 GENERAL ELECTION BALLOT AND IT SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Public Hearing opened.    Susan Beatty  said  “be sure to notify all residents about the change”. No other comments.  Public Hearing closed.  Commissioner Frankel moved to adopt.  Seconded by Commissioner Hilton.  All yes

 

ORDINANCE 06-05-1157 PASSED AND ADOPTED UNANIMOUSLY.

 

b.      Draft Proposal #2 -PENSION PLANS FOR ELECTED CITY OFFICIALS WHO HAVE SERVED THE CITY FOR AT LEAST FOUR TERMS, AS DEFINED BY STATUTE, OR THIRTEEN YEARS, OF TOTAL SERVICE; PROVIDING FOR CREDITABLE YEARS OF SERVICE FOR CURRENT ELECTED OFFICIALS

 

Commissioner Frankel moved to read.  Seconded by Vice Mayor Moyle.  All yes. Attorney Goren read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 3, ENTITLED “LEGISLATIVE FORM OF GOVERNMENT,” AND IN PARTICULAR CREATING SECTION 3.17 ENTITLED “PENSION PLANS FOR ELECTED OFFICIALS”; PROVIDING FOR PENSION PLANS FOR ELECTED CITY OFFICIALS WHO HAVE SERVED THE CITY FOR AT LEAST FOUR TERMS, AS DEFINED BY CHARTER, OR THIRTEEN YEARS, OF TOTAL SERVICE; PROVIDING FOR CREDITABLE YEARS OF SERVICE FOR CURRENT ELECTED OFFICIALS; PROVIDING THAT THE PENSION PLAN IS ACTUARIALLY SOUND, SUBJECT TO CH. 112, F.S., AND CONDITIONED ON THE AVAILABLITY OF CITY FUNDING; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER 2006 GENERAL ELECTION BALLOT AND IT SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Public Hearing opened.  Susan Beatty said “you guys work hard, you deserve it”.  No other speakers.  Public Hearing closed.  Commissioner Frankel moved to adopt.  Seconded by Commissioner Cangemi.  All yes.

 

ORDINANCE 06-05-1158 PASSED AND ADOPTED UNANIMOUSLY.

 

 

c.       Draft Proposal #3 - REQUIRE FILING FEES OF FIVE PERCENT (5%) OF THE CITY COMMISSIONER’S ANNUAL SALARY

 

Commissioner Frankel moved to read.  Seconded by Commissioner Cangemi.  All yes.  Attorney Goren read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 8, ENTITLED “NOMINATIONS AND ELECTIONS” AND IN PARTICULAR AMENDING SECTION 8.0 ENTITLED “GENERALLY,” TO REQUIRE FILING FEES OF FIVE PERCENT (5%) OF THE CITY COMMISSIONER’S ANNUAL SALARY TO BE FILED WITH THE CITY; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER 2006 GENERAL ELECTION BALLOT AND IT SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Public Hearing openerd.  No comments.  Public Hearing closed.  Commissioner Frankel moved to adopt.  Seconded by Commissioner Hilton.  All yes.

 

ORDINANCE 06-05-1159 PASSED AND ADOPTED UNANIMOUSLY.

 

 

d.      Draft Proposal #4 - REQUIRING CANDIDATES FOR ELECTED OFFICE TO HAVE BEEN DOMICILED WITHIN THE DISTRICT THAT THEY SEEK TO REPRESENT FOR AT LEAST ONE YEAR PRIOR TO FILING AND QUALIFYING

 

Commissioner Frankel moved to read.  Seconded by Commissioner Hilton.  All  yes.  Attorney Goren read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 3, ENTITLED “LEGISLATIVE FORM OF GOVERNMENT,” AND IN PARTICULAR AMENDING SECTION 3.2 ENTITLED “CITY COMMISSION; COMPOSITION; ELIGIBILITY; ELECTION AND TERM OF OFFICE”; REQUIRING CANDIDATES FOR ELECTED OFFICE TO HAVE BEEN DOMICILED WITHIN THE DISTRICT THAT THEY SEEK TO REPRESENT FOR AT LEAST ONE YEAR PRIOR TO FILING AND QUALIFYING IN ACCORDANCE WITH THIS CHARTER AS A  CANDIDATE FOR ELECTED OFFICE; PROVIDING THAT CANDIDATES FOR MAYOR BE DOMICILED WITHIN THE CITY FOR AT LEAST ONE YEAR PRIOR TO FILING AND QUALIFYING IN ACCORDANCE WITH THIS CHARTER AS A  CANDIDATE FOR ELECTED OFFICE; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER 2006 GENERAL ELECTION BALLOT AND IT SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Public Hearing openerd.  No comments.  Public Hearing closed.  Commissioner Frankel moved to adopt.  Seconded by Commissioner Hilton.  All yes

 

ORDINANCE 06-05-1160 PASSED AND ADOPTED UNANIMOUSLY.

 

 

e.      Draft Proposal #5 - DESIGNATE THE ASSISTANT CITY MANAGER TO ASSUME THE CITY MANAGER’S  RESPONSIBILITIES IN THE CITY MANAGER’S ABSENCE

 

Commissioner Frankel moved to read.  Seconded by Commissioner Hilton.  All yes.  Attorney Goren read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 4, ENTITLED “[CITY MANAGER] AND ADMINISTRATIVE,” AND IN PARTICULAR AMENDING SECTION 4.4 ENTITLED “ACTING CITY MANAGER”; PROVIDING FOR THE CITY MANAGER TO DESIGNATE THE ASSISTANT CITY MANAGER TO ASSUME THE CITY MANAGER’S  RESPONSIBILITIES IN THE CITY MANAGER’S ABSENCE; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER 2006 GENERAL ELECTION BALLOT AND IT SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Public Hearing openerd.  No comments.  Public Hearing closed.

 

 

Commissioner Frankel moved to table to uncertain time.   Seconded by Commissioner Cangemi.  All yes.  

 

TABLED UNANIMOUSLY

 

ORDINANCE 06-05-1161 NOT USED 

 

f.        Draft Proposal #6 - GRANTING THE MAYOR AND CITY MANAGER SPECIAL ENHANCED EMERGENCY POWERS

 

Commissioner Frankel moved to read.  Seconded by Commissioner Hilton.  All yes.  Attorney Goren read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 3, ENTITLED “LEGISLATIVE FORM OF GOVERNMENT,” AND IN PARTICULAR AMENDING SECTION 3.3 ENTITLED “MAYOR AND VICE MAYOR,” AND ARTICLE 4, ENTITLED “[CITY MANAGER] AND ADMINISTRATIVE,” AND IN PARTICULAR AMENDING SECTION 4.5 ENTITLED “POWERS AND DUTIES OF THE CITY MANAGER;” GRANTING THE MAYOR AND CITY MANAGER SPECIAL ENHANCED EMERGENCY POWERS, SUBJECT TO SECTION 252.38, F.S., SO THAT THEY MAY BE ABLE TO BEST PROVIDE FOR THE HEALTH, SAFETY AND WELFARE OF RESIDENTS OF NORTH LAUDERDALE DURING TIMES OF CRISIS; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER 2006 GENERAL ELECTION BALLOT AND IT SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Public hearing opened.  No comments.  Public hearing closed.

 

Commissioner Hilton moved to table.  Seconded by Commissioner Cangemi.  All yes.

 

ORDINANCE TABLED UNANIMOUSLY.

 

ORDINANCE NUMBER  06-05-1162 NOT USED

 

 

g.      Draft Proposal #7 - INCREASE THE EXPENDITURE AMOUNT REQUIRING CITY COMMISSION APPROVAL FROM $10,000 TO $25,000

 

Commissioner Frankel moved to read.  Seconded by Commissioner Hilton.  All yes.  Attorney read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 9, ENTITLED “GENERAL PROVISIONS,” AND IN PARTICULAR AMENDING SECTION 9.10, ENTITLED “PURCHASES” TO INCREASE THE EXPENDITURE AMOUNT REQUIRING CITY COMMISSION APPROVAL FROM $10,000 TO $25,000; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER 2006 GENERAL ELECTION BALLOT AND IT SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Public hearing opened.  No comments.  Public hearing closed.  Vice Mayor Moyle asked what was the last time that  the rate was fixed.  Mr. Goren said it was in 1989.  Commissioner Frankel moved to adopt.  Seconded by Commissioner Cangemi.  All yes.

 

ORDINANCE O6-05-1163 PASSED AND ADOPTED UNANIMOUSLY.

 

h.      Draft Proposal #8 - EXTENSION OF THE TIME IN WHICH A RESOLUTION OR ORDINANCE OF THE CITY COMMISSION CALLING FOR AN ELECTION MUST BE ADOPTED  PRIOR TO SUCH ELECTION FROM THIRTY (30) DAYS TO FORTY-FIVE (45) DAYS

 

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 8, ENTITLED “NOMINATIONS AND ELECTIONS,” AND IN PARTICULAR AMENDING SECTION 8.8 ENTITLED “ELECTIONS”; PROVIDING FOR AN EXTENSION OF THE TIME IN WHICH A RESOLUTION OR ORDINANCE OF THE CITY COUNCIL CALLING FOR AN ELECTION MUST BE ADOPTED  PRIOR TO SUCH ELECTION FROM THIRTY (30) DAYS TO FORTY-FIVE (45) DAYS; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER 2006 GENERAL ELECTION BALLOT AND IT SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Commissioner Frankel moved to table items “H” and “I”  to an uncertain time.  Seconded by Vice Mayor Moyle.  All yes.

 

TABLED UNANIMOUSLY.

 

ORDINANCE 06-05-1164 NUMBER NOT USED

 

 

i.        Draft Proposal #9 - PROVIDING FOR AN ADDITIONAL NINETY (90) DAY PERIOD TO CONDUCT A SEARCH FOR A CITY MANAGER IN THE EVENT THAT THE CITY MANAGER POSITION SHOULD BECOME VACANT

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 4, ENTITLED “[CITY MANAGER] AND ADMINISTRATIVE,” AND IN PARTICULAR AMENDING SECTION 4.7 ENTITLED “VACANCY OF CITY MANAGER POSITION”; PROVIDING FOR AN ADDITIONAL NINETY (90) DAY PERIOD TO CONDUCT A SEARCH FOR A CITY MANAGER IN THE EVENT THAT THE CITY MANAGER POSITION SHOULD BECOME VACANT;  PROVIDING FOR A PROCESS BY WHICH THE CITY COMMISSION MAY APPROVE ADDITIONAL TIME TO SEARCH FOR A CITY MANAGER IN THE EVENT OF A VACANCY; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER 2006 GENERAL ELECTION BALLOT AND IT SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

TABLED UNANIMOUSLY

 

ORDINANCE NUMBER  06-05-1165 NOT USED

 

j.        Draft Proposal #10 – REWORDING AND CLARIFYING CHARTER BY MODIFYING AND ELIMINATING INEFFECTIVE LANGUAGE

 

Commissioner Frankel moved to read.  Seconded by Commissioner Hilton.  All yes.  Attorney Goren read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AMENDMENTS TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE; TO PROVIDE FOR THE REWORDING AND CLARIFYING OF THE CHARTER BY MODIFYING AND ELIMINATING INEFFECTIVE LANGUAGE; PROVIDING FOR GENDER EQUALITY; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER 2006 GENERAL ELECTION BALLOT AND IT SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Public hearing opened.  No comments.  Public hearing closed.  Commissioner Frankel moved to adopt.  Seconded by  Commissioner Cangemi.  All yes.

 

ORDINANCE 06-05-1166 PASSED AND ADOPTED UNANIMOUSLY.

 

7.     QUASI-JUDICIAL ITEMS

 

a.      Fire Rescue Station #34 Related Items

 

                                             i.                                    Special Exception Use - SEU 06-01 Fire Rescue Station No. 34

 

NAME OF APPLICANT

City of North Lauderdale

PROJECT NAME

Fire Rescue Station #34

PROJECT LOCATION

6100 Block of Bailey Road

PROJECT DESCRIPTION

Special Exception Use request to permit the construction/operation of a Community Facility that will house a fire station, government offices and a meeting room in a Residential Medium Density (R-MD) Zoning District

 

All interested parties in the Fire Station related items were sworn in by the Attorney.  Staff presentation on all three items by Community Development Director Reed.  Public Hearing opened on all three items.  Public discussion- none. Public Hearing closed  A motion was made and seconded to read all three items.  All yes.

 

Commissioner Frankel made a motion to approve the Special Exception Use permit to allow the construction/operation of a Community Facility that will house a fire station, government offices and a meeting room in a Residential Medium Density (R-MD) Zoning  Seconded by Vice Mayor Moyle.  All yes.

 

SPECIAL EXCEPTION USE PERMIT APPROVED UNANIMOUSLY.

 

                                                                               ii.      Variance  -  VAR 06-02- Fire Rescue Station No. 34  Ordinance First Reading

 

NAME OF APPLICANT

City of North Lauderdale

PROJECT NAME

Fire Rescue Station #34

PROJECT LOCATION

6100 Block of Bailey Road

PROJECT DESCRIPTION

Various Variances

TYPE OF VARIANCE

CODE REQUIREMENTS

PROPOSED

VARIANCE REQUESTED

Section 106-299

Plot Coverage

45%/ 24,509 sq. ft.

53%/ 29,000 sq. ft.

4491 sq. ft. or 8%

Section 106-300 Building Height

Max. 2 stories/25 ft

3 stories/55 feet

1 story/30 feet

Section 106-304 (b)(2) Front setback

40 feet from the property line

5 feet from property line/55 feet from edge of pavement

35 feet from property line

 

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND GRANTING A VARIANCE FROM THE NORTH LAUDERDALE CODE OF ORDINANCES, TO PERMIT 53% PLOT COVERAGE, AS OPPOSED TO THE 45% REQUIREMENT ALLOWED BY THE SUBJECT SECTION 106-299; TO PERMIT a three-story building with a height of 55 feet AS OPPOSED TO THE 2 stories and 25 feet ALLOWED BY THE SUBJECT SECTION 106-300;TO PERMIT A FRONT SETBACK OF 5 FEET FROM PROPERTY LINE AND 55 FEET FROM EDGE OF PAVEMENT AS OPPOSED TO THE 45 FEET FROM THE PROPERTY LINE REQUIREMENT ALLOWED BY THE SUBJECT SECTION 106-304 (b)(2) NORTH LAUDERDALE, FLORIDA; PROVIDING FOR STIPULATIONS AND CONDITIONS; PROVIDING THAT PROVISIONS NOT VARIED BY THIS ORDINANCE REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

 

Commissioner Frankel moved to pass on first reading.  Seconded by Commissioner Hilton.  All yes.

 

ORDINANCE PASSED ON FIRST READING UNANIMOUSLY.

 

                                                                              iii.Site Plan Review - SPR 06-03 - Fire Rescue Station No. 34

 

NAME OF APPLICANT

City of North Lauderdale

PROJECT NAME

Fire Rescue Station #34

PROJECT LOCATION

6100 Block of Bailey Road

PROJECT DESCRIPTION

Preliminary.   Preliminary and Final site plan review to permit the construction of an approximately 20,000 square foot Community Facility building to house a fire station, government offices and a meeting room within a Residential Medium Density (R-MD) Zoning District.

 

 

Commissioner Frankel made a Motion to approve the Preliminary and Final Site Plan to permit the construction of an approximately 20,000 square foot Community Facility building to house a fire station, government offices and a meeting room within a Residential Medium Density (R-MD) Zoning District.  Seconded by Commissioner Cangemi.  All yes.

 

SITE PLAN APPROVED UNANIMOUSLY.

 

b.      Tuscany Village Related items

 

i     Tuscany Village Development Rezoning   ZLU 04-05B – Ordinance Second Reading

 

NAME OF APPLICANT

Cornerstone Group Associates, Inc.

PROJECT NAME

Tuscany Village Development 

 

PROJECT LOCATION

5601 N. State Road 7 (West of SR 7 at the intersection with Prospect Road)

PROJECT DESCRIPTION

Second Reading of Ordinance - Zoning amendment to the City of North Lauderdale zoning map to rezone approximately 27 +/- acres of land from Mobile Home (MH) Zoning District to Planned Unit Development (PUD) District.

 

 

 

 

 

 

 

 

 

 

 

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, TO WIT: a portion of Tract 9 “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 “Tuscany Village Plat”, MORE PARTICULARLY DESCRIBED IN SECTION 1 BELOW FROM ZONING CLASSIFICATION Mobile Home (MH)  to Planned Unit Development (PUD); PROVIDING THAT THE OFFICIAL ZONING MAP OF THE C1TY OF NORTH LAUDERDALE SHALL BE AMENDED TO REFLECT SAID REZONING; PROVIDING FOR CONFLICTS: AND, PROVIDING AN EFFECTIVE DATE. 

 

Community Development Director Reed made presentation of all three items.  B. Miskel and Mr. Valant  represented the applicant.    All interested parties were sworn in by City Attorney.

 

Public Hearing opened on all.   Public hearing:   Joel Kaufman said his interest is in the mobile home park.  He said residents should know about this change.  They were not aware of tonight’s meeting.  He asked Mr. Valant what accommodations will be provided to residents of the park when Tuscany takes over.    Mr. Valant said they would not have to move out until February 15, 2007.   Mark Kaufman said he has been in the mobile home park since 1967.  He said “where are we supposed to go and find housing that we can afford?  You are driving people out of the State of Florida because there is no affordable housing here.

 

The Vice Mayor asked how many property owners are there.  Mr. Valant said only one owner  Ms Miskel said that when the notice to vacate is given, they will give the residents all the information.

 

Commissioner Frankel moved to adopt.  Seconded by Vice Mayor Moyle.  All yes.

 

ORDINANCE 06-05-1167 PASSED AND ADOPTED UNANIMOUSLY.

 

ii.   Tuscany Village FINAL Site Plan Review – SPR 06-01

 

NAME OF APPLICANT

Cornerstone Group Associates, Inc.

PROJECT NAME

Tuscany Village Development

PROJECT LOCATION

5601 N. State Road 7 (West of SR 7 at the intersection with Prospect Road)

PROJECT DESCRIPTION

Preliminary site plan review to permit development of the 394 residential units on the existing mobile home park site within proposed Planned Unit Development District (PUD), and development of mixed use buildings containing 17,000 sq. ft. of retail on the first floors and no more than 12 condominium units on the second floor, on the existing vacant parcel of land located in front of the existing mobile home park along State Road 7 within a Community Business (B-2) District.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commissioner Frankel moved to approve the preliminary site plan.  Seconded by Commissioner Cangemi.  All yes.

 

                  iii.  Developer’s Agreement - Tuscany Village - Cornerstone Group Holdings,    Ordinance Second Reading

 

Commissioner Frankel moved to read.  Seconded by Commissioner Cangemi.  All yes.  Attorney read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT MORE PARTICULARLY DESCRIBED ON ATTACHED EXHIBIT "A," BY AND BETWEEN THE CITY OF NORTH LAUDERDALE, FLORIDA, TUSCANY VILLAGE ASSOCIATES, LLC AS DEVELOPER, AND IMPERIAL VILLAGE OF BROWARD, LTD, A FLORIDA LIMITED PARTNERSHIP IN ACCORDANCE WITH THE FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT; PROVIDING FOR PUBLIC HEARINGS PURSUANT TO SECTION 163.3225, FLORIDA STATUTES; PROVIDING FOR ADVERTISEMENT OF THE NOTICE OF INTENT TO CONSIDER THE DEVELOPMENT AGREEMENT; PROVIDING FOR FULFILLMENT OF THE REQUIREMENTS SET FORTH IN SECTION 163.3227, FLORIDA STATUTES, FOR INCLUSION IN THE DEVELOPMENT AGREEMENT; PROVIDING FOR THE DURATION OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS OF THE CITY OF NORTH LAUDERDALE, BROWARD COUNTY, FLORIDA; PROVIDING FOR THE PERIODIC REVIEW OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR AMENDMENT AND CANCELLATION OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR RECORDING OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR MODIFICATION OR REVOCATION OF THE DEVELOPMENT AGREEMENT TO COMPLY WITH SUBSEQUENTLY ENACTED STATE AND FEDERAL LAWS; PROVIDING FOR ENFORCEMENT OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

 

Commissioner Frankel  moved to adopt.  Seconded by Commissioner Cangemi.  All yes.

 

ORDINANCE 06-05-1168 PASSED AND ADOPTED UNANIMOUSLY.

 

6.                              OTHER BUSINESS

 

a.      Ordinance First Reading - Mid-Year Budget Review (3/31/06), Y/E forecast & Budget Amendment

 

Commissioner Frankel moved to read.  Seconded by Commissioner Cangemi.  All yes.  Attorney read:

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING ORDINANCE NO. 05-09-1138 BY WHICH THE CITY COMMISSION DID ADOPT THE BUDGET OF THE CITY OF NORTH LAUDERDALE FOR THE 2005/2006 FISCAL YEAR, TO PROVIDE FOR THE RECOGNITION OF THE RECEIPT OF INCREASED REVENUES IN THE TOTAL AMOUNT OF $6,700,000; DESIGNATING THE SOURCES OF THE INCREASED REVENUES; DESIGNATING THE AUTHORIZED EXPENDITURE FOR THE INCREASED REVENUES AS PROVIDED HEREIN; PROVIDING FOR CONFLICTS, SEVERABILITY, AND, PROVIDING FOR AN EFFECTIVE DATE

 

Finance Director Raducci gave presentation.  Commissioner Frankel moved to pass on first reading.  Seconded by Commissioner Hilton.  All  yes.

 

ORDINANCE PASSED ON FIRST READING UNANIMOUSLY.

 

b.      Resolution - Mediterania Pre –Construction Agreement for Building Construction.

 

Commissioner Cangemi moved to read.  Seconded by Commissioner Hilton.  All yes.  Attorney read:

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO AND EXECUTE THE AGREEMENT FOR THE ISSUANCE OF BUILDING PERMITS PRIOR TO PLAT RECORDATION BY AND BETWEEN THE CITY OF NORTH LAUDERDALE, BROWARD COUNTY, AND MEDITERANIA TOWNHOMES AT NORTH LAUDERDALE, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Commissioner Frankel moved to adopt.  Seconded by Commissioner Cangemi.  All yes.

 

RESOLUTION 06-05-5004 PASSED AND ADOPTED UNANIMOUSLY.

 

7.                              CONSENT AGENDA

 

Item 9 ( j ) removed from consent agenda.  Vice Mayor Moyle moved to read the rest of the consent agenda

 

Attorney Goren read:

 

a.      Resolution - Surplus of Old City Rescue Boat (M. Sargis)

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING THE SURPLUS OF THE CITY’S 1983 BOSTON WHALER RESCUE BOAT MODEL # 4A5533-1003349 AND AUTHORIZING THE SALE OF THE BOAT TO THE HIGHEST BIDDER AT THE CITY’S NEXT AUCTION AND, PROVIDING AN EFFECTIVE DATE

 

RESOLUTION 06-05-5005

 

b.      Resolution - Surplus of City’s Old Stage (M. Sargis)

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND AUTHORIZING THE SURPLUS OF THE CITY’S DAMAGED 1985 STAGE VIN # 189MS4403F1023053 AND ALSO AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SELL THE STAGE TO A SCRAP METAL DEALER WITH THE HIGHEST OFFER; AND PROVIDING AN EFFECTIVE DATE.

 

06-05-5006

 

c.       Resolution - Coca Cola Vending Contract (M. Sargis)

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE, TO NEGOTIATE AND ENTER INTO AN AGREEMENT BETWEEN THE CITY OF NORTH LAUDERDALE AND THE COCA-COLA COMPANY FOR DRINK VENDING SERVICES FOR ALL CITY FACILITIES; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION 06-05-5007

 

 

d.      Resolution  - to Approve Gerlach Resignation Agreement

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND ACCEP