[PAGE 1]
City of Lauderdale Lakes
Office of the City Clerk
4300 NW 36th Street – Lauderdale Lakes, Florida 33319-5599
(954) 535-2705 – Fax (954) 535-0573
AGENDA
CITY OF LAUDERDALE LAKES
COMMISSION MEETING
TUESDAY, JANUARY 14, 2014
7:00 PM
1. CALL TO ORDER
2. ROLL CALL
3. INVOCATION
4. APPROVAL OF MINUTES FROM PREVIOUS MEETING
A. MINUTES
December 9, 2013 Workshop Meeting
December 10, 2013 Regular Meeting Minutes
Proclamation:
Proclaiming January 2014 as Broward County Diversity Community Month
(Mayor Barrington Russell, Sr.)
Presentation:
Presentation to Franz N. Hall, Consul General of Jamaica (Mayor Barrington
Russell, Sr.)
5. PETITIONS FROM THE PUBLIC
6. CONSIDERATION OF ORDINANCES ON SECOND READING
A. ORDINANCE 2013-28 AMENDING SUBSECTION 704.4.2 OF SECTION 704
OF THE LAND DEVELOPMENT REGULATIONS BY PROVIDING THAT BIO-
DIESEL PROCESSING FACILITIES SHALL BE PERMITTED AS A
CONDITIONAL USE WITHIN THE GENERAL BUSINESS, B-3 ZONING
DISTRICT.
The proposed ordinance would amend Subsection 704.4.2 of the Land
Development Regulations to permit bio-diesel processing facilities as a
conditional use within the General Business, B-3 zoning district.
PLEASE TURN OFF ALL BEEPERS AND CELL PHONES
DURING THE MEETING
Mayor Barrington A. Russell, Sr. Vice Mayor Eileen Rathery Commissioner Edwina Coleman
Commissioner Eric L. Haynes
[PAGE 2]
Commission Meeting-January 14, 2014 Page 2 of 107
B. ORDINANCE 2013-29 AMENDING THE FISCAL YEAR 2014 ADOPTED
BUDGET FOR THE BUILDING SERVICES AND ALZHEIMER'S CARE
FUNDS; PROVIDING FOR REVISIONS OF APPROPRIATION OF FUNDS
FOR THE OPERATION OF THE GOVERNMENT OF THE CITY OF
LAUDERDALE LAKES FOR FISCAL YEAR 2014, AS IDENTIFIED ON
EXHIBIT “A,” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE.
In accordance with Ordinance 2013-27, this proposed ordinance would amend
the Fiscal Year 2014 Budget to provide for the appropriation of funds. This is
the City's first budget amendment for Fiscal Year 2014.
C. ORDINANCE 2013-30 AMENDING CHAPTER 50 OF THE CODE OF
ORDINANCES; PROVIDING FOR THE REESTABLISHMENT OF A RENTAL
HOUSING INSPECTION PROGRAM; CREATING SECTION 50-31
THROUGH 50-35, AS FOLLOWS: 50-31 – TITLE AND PURPOSE, 50-32 -
LANDLORD REGISTRATION AND RESIDENTIAL PROPERTY
INSPECTIONS PROGRAMS ESTABLISHED, 50-33 – DEFINITIONS, 50-34 –
LANDLORD REGISTRATION OF RESIDENTIAL RENTAL UNITS
REQUIRED, AND 50-35 – STANDARDS, 50-36 - INSPECTIONS.
The proposed ordinance would amend Chapter 50 of the Lauderdale Lakes
Code of Ordinances to reestablish the rental housing inspection program.
7. CONSIDERATION OF ORDINANCES ON FIRST READING
A. ORDINANCE 2014-01 AMENDING THE FISCAL YEAR 2014 ADOPTED
BUDGET FOR THE SOLID WASTE / RECYCLING FUND; PROVIDING FOR
REVISIONS OF APPROPRIATION OF FUNDS FOR THE OPERATION OF
THE GOVERNMENT OF THE CITY OF LAUDERDALE LAKES FOR FISCAL
YEAR 2014, AS IDENTIFIED ON EXHIBIT “A,” ATTACHED HERETO;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING
ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
In accordance with Ordinance 2013-27, City staff is recommending that the City
Commission amend the budget to provide for the appropriation of funds. This is
the City's second budget amendment for this fiscal year.
8. CONSIDERATION OF RESOLUTIONS ON CONSENT AGENDA
9. CONSIDERATION OF RESOLUTIONS ON REGULAR AGENDA
A. RESOLUTION 2013-164 SETTING FORTH THE CITY’S 2014 STATE
LEGISLATIVE AND APPROPRIATIONS PRIORITIES
[PAGE 3]
Commission Meeting-January 14, 2014 Page 3 of 107
This Resolution provides for the adoption of the City's 2013 Legislative
Priorities on the State level.
B. RESOLUTION NO. 2014-01 APPROVING VARIANCE NO. 05-VA-13 ON
BEHALF OF MERRELL UNITED METHODIST CHURCH, INC.,
REQUESTING A VARIANCE FROM SECTION 909.2 OF THE CITY’S LAND
DEVELOPMENT REGULATIONS TO ALLOW A MONUMENT
IDENTIFICATION SIGN TO VARY FROM THE HEIGHT, SETBACK,
MAXIMUM SQUARE FOOTAGE AND ILLUMINATION STANDARDS OF THE
CODE
The proposed resolution would approve a proposed variance request from
Merrell United Methodist church to allow a proposed monument identification
sign to vary from Section 909.2 of the Land Development Regulations.
C. RESOLUTION 2014-02 APPROVING CONDITIONAL USE APPLICATION
NO. 04-CU-13 SUBMITTED BY WEST WAY TOWING, INC., TO PERMIT A
BIO-DIESEL PROCESSING FACILITY ON A PARCEL OF LAND LOCATED
AT 3681-3685 WEST OAKLAND PARK BOULEVARD
The proposed resolution would approve a proposed conditional use request to
permit a bio-diesel processing facility on a parcel of land located at 3681-85
West Oakland Park Boulevard.
D. RESOLUTION 2014-03 APPROVING THE USE OF LAW ENFORCEMENT
TRUST FUNDS IN THE AMOUNT OF TEN THOUSAND ($10,000) DOLLARS,
TO FUND THE BROWARD SHERIFF’S OFFICE PURCHASE OF CERTAIN
EQUIPMENT
This resolution would authorize use of Law Enforcement Trust Funds in an
amount not to exceed $10,000 to fund the purchase of additional equipment
and to purchase workstation furniture for the emergency operations center to
enhance law enforcement's investigative ability and physical fitness for our
deputies.
E. RESOLUTION 2014-04 RATIFYING THE CITY MANAGER'S FILING OF THE
CITY FISCAL YEAR 2014 NOVEMBER (PERIOD 2) FINANCIAL ACTIVITY
REPORT AS PREPARED BY THE DEPARTMENT OF FINANCIAL
SERVICES FOR THE PURPOSE OF CONFORMING WITH THE CITY'S
ADOPTED FINANCIAL INTEGRITY PRINCIPLE AND FISCAL POLICY.
This resolution serves to ratify the filing and presentation of City Fiscal Year
2014 November (Period 2) - Financial Activity Report provided by the Financial
Services Department.
F. RESOLUTION 2014-05 RATIFYING THE CITY MANAGER'S FILING OF THE
CITY FISCAL YEAR 2014 DECEMBER (PERIOD 3) FINANCIAL ACTIVITY
REPORT AS PREPARED BY THE DEPARTMENT OF FINANCIAL
SERVICES FOR THE PURPOSE OF CONFORMING WITH THE CITY'S
[PAGE 4]
Commission Meeting-January 14, 2014 Page 4 of 107
ADOPTED FINANCIAL INTEGRITY PRINCIPLE AND FISCAL POLICY.
This resolution serves to ratify the filing and presentation of City Fiscal Year
2014 December (Period 3) - Financial Activity Report provided by the Financial
Services Department.
10. CORRESPONDENCE
11. REPORT OF THE MAYOR
12. REPORT OF THE VICE MAYOR
13. REMARKS OF THE COMMISSIONERS
14. REPORT OF THE CITY MANAGER
15. REPORT OF THE CITY ATTORNEY
16. ADJOURNMENT
Workshop meeting: January 27, 2014 5:00 p.m.
Commission meeting: January 28, 2014 7:00 p.m.
If a person decides to appeal any decision made by the Board, Agency, or Commission
with respect to any matter considered at such meeting or hearing, he or she will need a
record of the proceedings, and that, for such purpose, he or she may need to ensure
that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. (FS 286.0105)
Any person requiring auxiliary aids and services at this meeting may contact the City
Clerk’s Office at (954) 535-2705 at least 24 hours prior to the meeting. If you are
hearing or speech impaired, please contact the Florida Relay Service by using the
following numbers: 1-800-955-8770 or 1-800-955-8771.
[PAGE 5]
Commission Meeting-January 14, 2014 Page 5 of 107
4. A
CITY OF LAUDERDALE LAKES
Agenda Cover Page
Workshop: Public Hearing Quasi-Judicial
Fiscal Impact: Yes No Ordinance Resolution
Contract Requirement: Yes No 1st Reading 2nd Reading
Title
MINUTES
Summary
December 9, 2013 Workshop Meeting
Staff Recommendation
Background:
Funding Source:
Appearance
(Names and Titles of Outside Individuals Only)
Sponsor Name/Department: Lolita Codrington, City Clerk
Meeting Date: January 13, 2014
[PAGE 6]
Commission Meeting-January 14, 2014 Page 6 of 107
CITY OF LAUDERDALE LAKES
WORKSHOP MEETING
MONDAY, DECEMBER 9, 2013
5:00 PM
Mayor Barrington Russell, Sr. called the above meeting to order at 5:10 p.m. in the
Gereffi Conference Room, 4300 NW 36 Street, Lauderdale Lakes. Florida.
ROLL CALL:
Present: Mayor Barrington Russell, Sr.
Vice Mayor Eileen Rathery
Commissioner Edwina Coleman
Commissioner Eric Haynes
Absent: Commissioner Gloria Lewis
Commissioner Levoyd Williams
Commissioner Patricia Williams
Also present: City Manager Jonathan Allen
City Attorney James Brady
Lolita Codrington, City Clerk
Members of Staff
Members of the Public
1. DISCUSSION
Agenda Review - December 10, 2013 Regular Commission Meeting
The following items were pulled:
7A, 8B, 8D, 8E, 9A, 9C, 9D, 9E and 9F
Item 3C on the workshop agenda was moved out of order.
Item 7A
Fernando Leiva, Chief Planner provided a brief background on the item; he noted that
the application was approved by Planning and Zoning; the application is consistent with
the comprehensive plan. Following are Staff recommendations:
Provide vehicular access from NW 44th street
Provide adequate buffering
Strive to minimize the impact of construction on the lake portion of the land
Public Works and Community Development Director Dan Holmes responded to
questions from the Commission regarding an alternative if American Land Ventures did
not follow through, as well as queries on impact fees and a traffic study.
[PAGE 7]
Commission Meeting-January 14, 2014 Page 7 of 107
Representative for American Land Ventures responded to queries and confirmed
working with engineers to resolve any possible issues.
There was consensus by the Commission to approve the item.
Item 8B
Commissioner Levoyd Williams thought the item needed to be pulled from the consent
agenda to provide for discussion regarding Nelson Mandela.
Item 8D
This item was discussed under Item 3B of the Workshop Agenda.
Item 8E
Chief Andrew Dunbar stated that a new outreach Center will be opened in the same
center; hence the reason for requesting the funds; funds will also be used for the
purchase of gym equipment to provided workout capabilities for officers and City Staff.
The equipment stays in Lauderdale Lakes.
Vice Mayor Eileen Rathery asked if she could vote on the item since she works for
BSO.
Attorney James Brady advised in the affirmative.
There was consensus to approve the item.
Item 9A
Commissioner Levoyd Williams stated that there was no incentive for first time
homebuyers within the CDBG program.
Discussion ensued by the Mayor and Commission.
Commissioner Eric Haynes offered that the first time homebuyers program was
coordinated by Broward County.
City Manager Jonathan Allen offered that the City will revert to the process of forwarding
prospective homebuyers to the County, and will explore the possibility of providing a link
on the City’s website.
The City Manager requested the Mayor and Commission to consider renaming the
minor home repair program to the roof repair program.
There was consensus by the Commission to keep the current title.
Item 9B
Commissioner Levoyd Williams asked if tax payers’ dollars was involved.
[PAGE 8]
Commission Meeting-January 14, 2014 Page 8 of 107
Item 9C
City Manager Jonathan Allen provided brief remarks on the item; he mentioned the
compatibility with BSO who will have access to the videos.
In response to a questions from Commissioner Levoyd Williams, Manny Diez
responded that approximately twelve (12) Cities that used the system were surveyed;
he was not aware of other Cities that used other companies other than Wild Fire.
City Manager Jonathan Allen said there is a need for a functional system that would
meet the cost of $50,000 available for the project, hence the choice for Wild Fire whowill
tailor the system to suit the City’s purpose.
Extensive discussion ensued by the Commission regarding the capabilities of the videos
and the motive behind not going through the procurement process.
City Manager Jonathan Allen responded to questions and referenced instances that
required camera review where existing cameras were extremely limited. The company
had an excellent track record; it was used effectively in other Cities.
Chief Andrew Dunbar confirmed that BSO will have access to the cameras.
Attorney James Brady offered that if the item was approved it was not for the purchase
of the equipment, but for the commencement of negotiations.
There was consensus to approve the item.
Item 9D
Chief Andrew Dunbar, Lt. Shawn Enser and Chief Gregory Holness were available to
represent the Sheriff’s Office.
City Manager Jonathan Allen provided remarks on the item, noting that the City of
Lauderdale Lakes was overcharged approximately $1 million dollars by BSO for Law
Enforcement, Fire and EMS Services.
Commission discussion ensued regarding the completion of negotiations with BSO
regarding the credit of the overcharged funds.
City Manager Allen and Attorney James Brady responded to questions from the
Commission.
Commissioner Levoyd Williams recommended further negotiations for previous years to
find out if the City was overbilled for those years.
Commissioner Eric Haynes stated for the record that there is a possibility that BSO did
not overcharge the City in the past.
[PAGE 9]
Commission Meeting-January 14, 2014 Page 9 of 107
Item 9E
Pulled in error
Item 9F
Dan Holmes and Marie Elianor were available to speak on the item.
Dan Holmes provided remarks regarding the upgrade of the software, mentioning that
the system will be integrated with the MUNIS software.
In response to a question from Vice Mayor Eileen Rathery, Marie Elianor confirmed that
the budget amendment pertaining to the item will be coming before the Commission at a
January meeting.
Commission discussion ensued regarding the improvement in the current software.
Dan Holmes explained the improvement in the process and the internal efficiencies to
be realized.
2. DISCUSSION OF PROPOSED ORDINANCE(S)
3. ADDITIONAL WORKSHOP ITEMS
A. DISCUSSION REGARDING THE CITY’S 2014 STATE LEGISLATIVE AND
APPROPRIATIONS PRIORITIES
This is a discussion regarding the proposed 2013 State Legislative Priorities.
Celestine Dunmore, Assistant to the City Manager and Economic Development
Manager provided brief remarks on the item that goes before the Commission
annually for consideration. She reviewed the information as provided in the
backup information.
B. DISCUSSION REGARDING THE 2013 FEDERAL LEGISLATIVE AND
APPROPRIATIONS PRIORITIES
This is a discussion regarding the proposed 2013 Federal Legislative Priorities.
Celestine Dunmore, Special Assistant to the City Manager and Economic
Development Manager provided brief remarks on the item, and reviewed the
information provided in the back up information.
Commissioner Eric Haynes disagreed with the sales tax initiative based on the
formula used.
Commissioner Levoyd Williams was in agreement with the formula used.
[PAGE 10]
Commission Meeting-January 14, 2014 Page 10 of 107
Commissioner Patricia Williams requested additional information on the
methodology to provide clarification to the Commission.
City Manager Jonathan Allen agreed to move the item and come back to the
Commission with the requested information.
C. PRESENTATION BY THE REPRESENTATIVE OF CGI COMMUNICATIONS
REGARDING THE COMMUNITY VIDEO NETWORK PARTNER PROGRAM
This is an update regarding the City's Community Video.
Celestine Dunmore, Assistant to the City Manager and Economic Development
Manager provided brief remarks on the item; a video was provided.
Christin Kenny with CGI Communications was available to respond to
questions. The following areas were reviewed:
Mayor’s Welcome
Community and Economic Development
Parks and Human Resources
Quality of Life
4. REPORTS
None
The meeting adjourned at 7:50 p.m.
____________________________________________
MAYOR BARRINGTON RUSSELL, SR, MAYOR
ATTEST:
_______________________________
LOLITA CODRINGTON, CITY CLERK
[PAGE 11]
Commission Meeting-January 14, 2014 Page 11 of 107
CITY OF LAUDERDALE LAKES
COMMISSION MEETING
TUESDAY, DECEMBER 10, 2013
7:00 PM
1. CALL TO ORDER
Mayor Barrington Russell, Sr., called the meeting to order on the above date at
7:10 P.M. in the Commission Chambers located at City Hall, 4300 N.W. 36th
Street, Lauderdale Lakes, Florida.
2. ROLL CALL
Present: Mayor Barrington Russell, Sr.
Vice Mayor Eileen Rathery
Absent: Commissioner Edwina Coleman
Commissioner Eric Haynes (arrived at 7:12 p.m.)
Commissioner Gloria Lewis
Commissioner Patricia Hawkins-Williams
Commissioner Levoyd Williams
Also Present: City Manager Jonathan Allen
City Attorney James Brady
City Clerk Lolita Codrington
City Staff
Members of the Public
3. INVOCATION
Lauderdale Lakes resident George Clay provided the invocation.
Mayor Barrington Russell, Sr. requested a moment of silence in honor of Nelson
Mandela; he subsequently led the Pledge of Allegiance.
4. APPROVAL OF MINUTES FROM PREVIOUS MEETING
A. MINUTES
November 19, 2013 Special Commission Meeting
November 25, 2013 Workshop Meeting
November 26, 2013 Regular Commission Meeting
Commissioner Patricia Williams moved to approve the minutes. The motion
was seconded by Commissioner Levoyd Williams. There was a unanimous
voice vote of approval.
5. PETITIONS FROM THE PUBLIC
[PAGE 12]
Commission Meeting-January 14, 2014 Page 12 of 107
There being no petitions from the public, Mayor Barrington Russell, Sr. closed
petitions from the public.
6. CONSIDERATION OF ORDINANCES ON SECOND READING
7. CONSIDERATION OF ORDINANCES ON FIRST READING
A. ORDINANCE 2013-31 AMENDING THE FUTURE LAND USE MAP OF THE
CITY'S COMPREHENSIVE PLAN
This ordinance would amend the Future Land Use Map of the City’s
Comprehensive Plan from Commercial and Commercial Recreation on the City
and County land use plans to Medium Multi-family Residential (Up to 25 du/ac)
to allow a maximum of 605 dwelling units to be developed on +/-27 acres of
land known as the Headway Office Park; and 2) approve the transmittal of the
amendment to the Broward County Planning Council, Florida Department of
Economic Opportunity and other state agencies pursuant to Chapter 163,
Florida Statutes.
Commissioner Patricia Williams moved to read by title only. The motion was
seconded by Commission Edwina Coleman. There was a unanimous voice
vote of approval.
Attorney James Brady read by title only:
ORDINANCE NO. 2013-31
AN ORDINANCE AMENDING THE LAND USE DESIGNATION
PERTAINING TO CERTAIN LANDS CONSISTING OF +24.2
ACRES, KNOWN AS HEADWAY OFFICE PARK, CURRENTLY
LOCATED AT 4850 NORTH STATE ROAD 7, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL
AND COMMERCIAL RECREATION TO MEDIUM MULTI-FAMILY
RESIDENTIAL (UP TO 25 DU/ACRE); REVISING THE CITY'S
ADOPTED COMPREHENSIVE LAND USE PLAN; PROVIDING
FOR DIRECTIONS TO THE DIRECTOR OF PUBLIC WORKS
AND DEVELOPMENT SERVICES TO FORWARD THE
APPLICATION AND A COPY HEREOF TO THE BROWARD
COUNTY PLANNING COUNCIL AND SUCH OTHER AGENCIES
AS SHALL BE REQUIRED TO APPROVE THE REVISIONS MADE
HEREUNDER ; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
AN EFFECTIVE DATE.
Commissioner Patricia Williams moved to bring the item to the floor. The motion
was seconded by Commissioner Edwina Coleman. There was a unanimous
voice vote of approval.
[PAGE 13]
Commission Meeting-January 14, 2014 Page 13 of 107
There being no discussion, Mayor Barrington Russell, Sr. requested a roll call
vote.
Roll Call Showed: FORS: Vice Mayor Eileen, Commissioner Edwina Coleman,
Commissioner Eric Haynes, Commissioner Gloria Lewis, Commissioner Patricia
Williams and Commissioner Levoyd Williams. AGAINSTS: none. (Motion passed
6:0.)
8. CONSIDERATION OF RESOLUTIONS ON CONSENT AGENDA
Mayor Barrington Russell, Sr. asked the Commission if they wished to pull any
item from the consent agenda.
Items 8B, 8C and 8D were pulled.
Mayor Barrington Russell, Sr. requested a roll call vote on the consent agenda.
Roll Call Showed: FORS: Vice Mayor Eileen, Commissioner Edwina Coleman,
Commissioner Eric Haynes, Commissioner Gloria Lewis, Commissioner Patricia
Williams and Commissioner Levoyd Williams. AGAINSTS: 0. Motion passed 6:0.
A. RESOLUTION 2013-162 ADOPTING AN AGREEMENT FOR OLDER
AMERICANS ACT BETWEEN THE AREAWIDE COUNCIL ON AGING AND
THE CITY OF LAUDERDALE LAKES/LAUDERDALE LAKES ALZHEIMER
CARE CENTER TOTALING $48,097.09 FORTY EIGHT THOUSAND NINETY
SEVEN DOLLARS AND NINE CENTS
This resolution would adopt an Agreement for Older Americans Act
Attorney James Brady read by title only:
RESOLUTION NO. 2013-162
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN
STANDARD AGREEMENT FOR OLDER AMERICANS ACT
BETWEEN THE AREAWIDE COUNCIL ON AGING OF
BROWARD COUNTY AND THE CITY OF LAUDERDALE
LAKES/LAUDERDALE LAKES ALZHEIMER’S CARE CENTER
INCORPORATING THE OLDER AMERICANS ACT MASTER
AGREEMENT JA114-25-2014, FOR FISCAL YEAR 2014
PROVIDING FUNDS IN THE AMOUNT OF FORTY-EIGHT
THOUSAND NINETY-SEVEN AND 09/100 ($48,097.09)
DOLLARS, FOR THE PURCHASE OF CASE MANAGEMENT AND
RESPITE CARE HOURS, A SUMMARY OF WHICH IS
ATTACHED HERETO AS EXHIBIT A, AND A FACSIMILE COPY
OF WHICH CAN BE INSPECTED IN THE OFFICE OF THE CITY
CLERK; PROVIDING FOR MATCHING FUNDS; PROVIDING FOR
[PAGE 14]
Commission Meeting-January 14, 2014 Page 14 of 107
DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE.
Roll Call Showed: FORS: Vice Mayor Eileen, Commissioner Edwina
Coleman, Commissioner Eric Haynes, Commissioner Gloria Lewis,
Commissioner Patricia Williams and Commissioner Levoyd Williams.
AGAINSTS: none. Motion passed 6:0.
B. RESOLUTION 2013-163 HONORING THE LIFE AND LEGACY OF NELSON
MANDELA
This resolution honors the life and legacy of Nelson Mandela
Attorney James Brady read by title only:
RESOLUTION NO. 2013-163
A RESOLUTION OF THE CITY OF LAUDERDALE LAKES, BROWARD
COUNTY, FLORIDA, HONORING THE LIFE AND THE LEGACY OF NELSON
MANDELA, WHO SHALL HAVE A LIFE IN DEATH THROUGH THE
BREADTH OF HIS GOOD AND BRAVE DEEDS; DESIGNATING DECEMBER
5TH, AS “NELSON MANDELA DAY” IN THE CITY OF LAUDERDALE LAKES
AND CALLING UPON ALL LIKE-MINDED PEOPLE, WHO CHERISH
FREEDOM, TO PAY RESPECT AND HONOR TO HIS NAME; PROVIDING
FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE
Commissioner Patricia Williams moved to bring the item to the floor. The
motion was seconded by Commissioner Gloria Lewis. There was a unanimous
voice vote of approval.
Commissioner Gloria Lewis recommended that a resolution be provided to
Lauderdale Lakes resident Dr. Gwen Hankerson while she was still alive; she
commended Mayor Barrington Russell, Sr. for sponsoring the resolution in
honor of Nelson Mandela.
Commissioner Levoyd Williams made comments in regard to Nelson Mandela
who was recognized as a great leader.
Roll Call Showed: FORS: Vice Eileen Rathery, Commissioner Edwina Coleman,
Commissioner Gloria Lewis, Commissioner Eric Haynes, Commissioner Patricia
Williams and Commissioner Levoyd Williams. AGAINSTS: none. (Motion passed
6:0)
C. RESOLUTION 2013-164 SETTING FORTH THE CITY’S 2014 STATE
LEGISLATIVE AND APPROPRIATIONS PRIORITIES
[PAGE 15]
Commission Meeting-January 14, 2014 Page 15 of 107
This resolution provides for the adoption of the City's 2013 Legislative Priorities
on the State level.
Attorney James Brady read by title only:
RESOLUTION NO. 2013-164
A RESOLUTION SETTING FORTH THE CITY’S 2014 STATE
LEGISLATIVE AND APPROPRIATIONS PRIORITIES;
PROVIDING INSTRUCTIONS TO THE CITY CLERK; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE.
Commissioner Patricia Williams moved to table the item. The motion was
seconded by Commissioner Gloria Lewis. There was a unanimous voice
vote of approval.
Roll Call Showed: FORS: Vice Eileen Rathery, Commissioner Edwina Coleman,
Commissioner Gloria Lewis, Commissioner Eric Haynes, Commissioner Patricia
Williams and Commissioner Levoyd Williams. AGAINSTS: none. Motion passed
6:0
D. RESOLUTION 2013-165 SETTING FORTH THE CITY’S 2013 FEDERAL
LEGISLATIVE AND APPROPRIATIONS PRIORITIES
This resolution provides for the adoption of the City's Legislative Priorities on
the Federal level.
Attorney James Brady read by title only:
RESOLUTION NO. 2013-165
A RESOLUTION SETTING FORTH THE CITY’S 2014 FEDERAL
LEGISLATIVE AND APPROPRIATIONS PRIORITIES;
PROVIDING INSTRUCTIONS TO THE CITY CLERK; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE.
Commissioner Gloria Lewis moved to bring the item to the floor. The motion
was seconded by Commissioner Patricia Williams. There was a unanimous
voice vote of approval.
Commissioner Gloria Lewis requested Staff to explain the item for the benefit of
the public.
City Manager Jonathan Allen responded accordingly.
[PAGE 16]
Commission Meeting-January 14, 2014 Page 16 of 107
Mayor Barrington Russell, Sr. requested a roll call vote.
Roll Call Showed: FORS: Vice Eileen Rathery, Commissioner Edwina Coleman,
Commissioner Gloria Lewis, Commissioner Eric Haynes, Commissioner Patricia
Williams and Commissioner Levoyd Williams. AGAINSTS: none. (Motion passed
6:0)
E. RESOLUTION 2013-166 APPROVING THE USE OF LAW ENFORCEMENT
TRUST FUNDS IN THE AMOUNT OF THIRTEEN THOUSAND ONE
HUNDRED NINETY AND 48/100 ($13,190.48) DOLLARS, TO FUND THE
BROWARD SHERIFF’S OFFICE
This resolution would authorize use of Law Enforcement Trust Funds in an
amount not to exceed $13,190.48 to fund the purchase of equipment to
enhance law enforcement's investigative ability and physical fitness for our
deputies.
Attorney James Brady read by title only:
RESOLUTION NO. 2013-166
A RESOLUTION APPROVING THE USE OF LAW ENFORCEMENT
TRUST FUNDS IN THE AMOUNT OF THIRTEEN THOUSAND ONE
HUNDRED NINETY AND 48/100 ($13,190.48) DOLLARS, TO FUND
THE BROWARD SHERIFF’S OFFICE PURCHASE OF CERTAIN
EQUIPMENT TO ENHANCE LAW ENFORCEMENT,
INVESTIGATION ABILITIES AND FITNESS AMONGST THE
DEPUTIES AND OFFICERS SERVING THE CITY OF LAUDERDALE
LAKES’ COMMUNITY; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
Roll Call Showed: FORS: Vice Mayor Eileen, Commissioner Edwina
Coleman, Commissioner Eric Haynes, Commissioner Gloria Lewis,
Commissioner Patricia Williams and Commissioner Levoyd Williams.
AGAINSTS: none. (Motion passed 6:0)
9. CONSIDERATION OF RESOLUTIONS ON REGULAR AGENDA
A. RESOLUTION 2013-167 APPROVING THE ALLOCATION OF THE 40TH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT 2014/2015 FUNDING
PROGRAM, SUBMISSION OF THE APPLICATION AND EXECUTION OF
RELATED FUNDING AGREEMENTS.
This resolution authorizes the submission of the application and execution of
related funding agreements.
[PAGE 17]
Commission Meeting-January 14, 2014 Page 17 of 107
Attorney James Brady read by title only:
RESOLUTION NO. 2013-167
A RESOLUTION PROSPECTIVELY APPROVING THE
ALLOCATION OF THE 40TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT 2014/2015 FUNDING
PROGRAM FROM BROWARD COUNTY AFTER A
PUBLIC HEARING; AUTHORIZING THE CITY
MANAGER TO SUBMIT AN APPLICATION TO
BROWARD COUNTY REFLECTING THE
ALLOCATIONS AS SHOWN ON EXHIBIT "A"
ATTACHED HERETO, INCLUDING PROGRAMS FOR
MINOR HOME REPAIR, SENIOR TRANSPORTATION
AND QUALITY OF LIFE ENHANCEMENT PROGRAM;
AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL NECESSARY FUNDING AGREEMENTS,
RELATED TO THE COMMUNITY DEVELOPMENT
BLOCK GRANT 2014/2015 FUNDING PROGRAM;
PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE.
Commissioner Patricia Williams moved to bring the item to the floor. The
motion was seconded by Vice Mayor Eileen Rathery. There was a unanimous
voice vote of approval.
Commissioner Patricia Williams provided an explanation for the
benefit of public, in regard to the $256,000 that was received from
Broward County for the Minor Home Repair program.
Mayor Barrington Russell, sr. requested a roll call vote.
Roll Call Showed: FORS: Vice Mayor Eileen Rathery, Commissioner
Edwina Coleman, Commissioner Eric Haynes, Commissioner Gloria
Lewis, Commissioner Patricia Williams and Commissioner Levoyd
Williams. AGAINSTS: none. (Motion passed 6:0)
B. RESOLUTION 2013-168 OF THE CITY OF LAUDERDALE LAKES,
BROWARD COUNTY, FLORIDA, PROVIDING FOR MONETARY AID
THROUGH BANK UNITED FOR THE SPECIFIC AND LIMITED USE IN
PROVIDING MONETARY AID TO THE PHILIPPINE COMMUNITY, IN THE
REPUBLIC OF THE PHILIPPINE, WHICH IS SUFFERING FROM THE
DEVASTATION CAUSED BY TYPHOON HAIYAN THAT STRUCK THE
ISLAND
This resolution provides for monetary aid through Bank United to provide
monetary aid to the Philippine Island due to the devastation of Typhoon Haiyan.
[PAGE 18]
Commission Meeting-January 14, 2014 Page 18 of 107
Attorney James Brady read by title only:
RESOLUTION No. 2013-168
A RESOLUTION OF THE CITY OF LAUDERDALE LAKES,
BROWARD COUNTY, FLORIDA, PROVIDING FOR MONETARY
AID THROUGH BANK UNITED FOR THE SPECIFIC AND
LIMITED USE IN PROVIDING MONETARY AIDE TO THE
PHILIPPINE COMMUNITY, IN THE PHILIPPINES, WHICH IS
SUFFERING FROM THE DEVASTATION CAUSED BY TYPHOON
HAIYAN THAT STRUCK THE ISLAND; PROVIDING FOR
DIRECTIONS TO THE CITY MANAGER AND FINANCIAL
SERVICES DIRECTOR; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
Vice Mayor Eileen Rathery moved to bring the item to the floor. The motion was
seconded by Commissioner Edwina Coleman. There was a unanimous voice
vote of approval.
Commissioner Edwina Coleman requested the City Manager to explain that the
account to be set up for the project would be to deposit donations from outside
sources.
City Manager Jonathan Allen confirmed it to be the case.
Mayor Barrington Russell, Sr. requested a roll call vote.
Roll Call Showed: FORS: Vice Mayor Eileen Rathery, Commissioner
Edwina Coleman, Commissioner Eric Haynes, Commissioner Gloria
Lewis, Commissioner Patricia Williams and Commissioner Levoyd
Williams. AGAINSTS: none. (Motion passed 6:0)
C. RESOLUTION 2013-169 WAIVING COMPETITIVE BIDDING AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE TO ENTER INTO
NEGOTIATIONS WITH WILDFIRE CAMERA NETWOKS TO PROVIDE
VIDEO SURVEILLENCE SYSTEMS TO THE CITY
This Resolution proposes that the City Commission allow City staff to negotiate
a recurring agreement with WildFire Camera Networks to provide surveillance
video services on a design-build basis for a period of three years. Purchases
arising from this agreement would require authorization per the City
Procurement Code.
Attorney James Brady read by title only:
RESOLUTION NO. 2013-169
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND, IF SUCCESSFUL, TO EXECUTE A
[PAGE 19]
Commission Meeting-January 14, 2014 Page 19 of 107
CONTRACT WITH WILDFIRE CONNECTIONS, LLC FOR THE
DESIGN, INSTALLATION AND MAINTENANCE OF A VIDEO
SURVEILLANCE SYSTEM, TO BE INTEGRATED WITH THE
CITY’S CURRENT SURVEILLANCE SYSTEM; PROVIDING FOR
A WAIVER OF COMPETITIVE BIDS PURSUANT TO SECTION 82
-358(i) OF THE PROCUREMENT CODE; PROVIDING FOR
LIMITATIONS; PROVIDING FOR JUSTIFICATION; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE.
Commissioner Edwina Coleman moved to bring the item to the floor. The
motion was seconded by Commissioner Patricia Williams. There was a
unanimous voice vote of approval.
There being no discussion, Mayor Barrington Russell, Sr. requested a roll call
vote.
Roll Call Showed: FORS: Vice Mayor Eileen Rathery, Commissioner
Edwina Coleman, Commissioner Eric Haynes, Commissioner Gloria
Lewis, and Commissioner Levoyd Williams. AGAINSTS: Commissioner
Patricia Williams. Motion passed 5:1.
D. RESOLUTION 2013-170 A RESOLUTION AUTHORIZING THE CITY
MANAGER TO TAKE SUCH STEPS AS SHALL NECESSARY AND
APPROPRIATE TO COMPLETE NEGOTIATIONS WITH SCOTT ISRAEL,
SHERIFF OF BROWARD COUNTY, WITH REGARD TO A PROPOSED
AMENDMENT TO THE EXISTING CONTRACT TO PROVIDE LAW
ENFORCEMENT, FIRE AND EMS SERVICES
This resolution provides legislative authority for the negotiation of a new City of
Lauderdale Lakes and Broward County's Sheriff's Office (BSO) agreement for
law enforcement and fire rescue services.
Attorney James Brady read by title only:
RESOLUTION NO. 2013-170
A RESOLUTION AUTHORIZING THE CITY MANAGER TO TAKE
SUCH STEPS AS SHALL NECESSARY AND APPROPRIATE TO
COMPLETE NEGOTIATIONS WITH SCOTT ISRAEL, SHERIFF
OF BROWARD COUNTY, WITH REGARD TO A PROPOSED
AMENDMENT TO THE EXISTING CONTRACT TO PROVIDE
LAW ENFORCEMENT, FIRE AND EMS SERVICES, AS
PREVIOUSLY AMENDED; PROVIDING FOR GOALS INCLUDING
ESTABLISHMENT OF A CREDIT OF ONE MILLION
($1,000,000.00) DOLLARS, AN EXTENSION OF THE TERM FOR
A PERIOD OF THREE YEARS, AND WITH A COMMENSURATE
ADJUSTMENT IN THE AMOUNT OF YEARLY PAYMENTS
UNDER THE PAY-BACK PROVISIONS OF THE EXISTING
[PAGE 20]
Commission Meeting-January 14, 2014 Page 20 of 107
AGREEMENT, IN ORDER TO AMORTIZE REMAINING
ACCOUNT-PAYABLE; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
Commissioner Patricia Williams moved to bring the item to the floor. The
motion was seconded by Commissioner Levoyd Williams. There was a
unanimous voice vote of approval.
Commissioner Gloria Lewis requested the City Manager to explain the item for
the benefit of the public.
City Manager Jonathan Allen responded accordingly, and stated that the credit
will be applied to the monies owed BSO.
Attorney James Brady was in agreement with the explanation provided by the
City Manager.
Discussion ensued on the item.
Mayor Barrington Russell, Sr. requested a roll call vote.
Roll Call Showed: FORS: Vice Mayor Eileen Rathery, Commissioner
Edwina Coleman, Commissioner Eric Haynes and Commissioner
Patricia Williams. AGAINSTS: Commissioner Gloria Lewis and
Commission Levoyd Williams. Motion passed 4:2.
E. RESOLUTION 2013-171 AUTHORIZING THE CITY MANAGER TO
NEGOTIATE A DEBT-COLLECTION AGREEMENT WITH NCSPLUS,
INCORPORATED, SUBJECT TO THE SUBSEQUENT REVIEW AND
APPROVAL OF THE CITY COMMISSION
NCS Plus Inc. is a debt collection agency that has partnered with the Florida
Association of Counties (FAC), provides a low cost collection fee for each
account, direct payments to the City, good customer service, and high
collection rates.
Attorney James Brady read by title only:
RESOLUTION NO. 2013-171
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE A DEBT-COLLECTION AGREEMENT WITH
NSCPLUS, INCORPORATED, SUBJECT TO THE SUBSEQUENT
REVIEW AND APPROVAL OF THE CITY COMMISSION;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE.
[PAGE 21]
Commission Meeting-January 14, 2014 Page 21 of 107
Commissioner Edwina Coleman moved to bring the item to the floor. The
motion was seconded by Commissioner Edwina Coleman. There was a
unanimous voice vote of approval.
Mayor Barrington Russell, Sr. requested a roll call vote.
Roll Call Showed: FORS: Vice Mayor Eileen Rathery, Commissioner
Edwina Coleman, Commissioner Eric Haynes, Commissioner Gloria
Lewis, Commissioner Patricia Williams and Commissioner Levoyd
Williams. AGAINSTS: 0. Motion passed 6:0.
F. RESOLUTION 2013 -172 AUTHORIZING THE CITY MANAGER TO TAKE
SUCH STEPS AS SHALL BE NECESSARY AND APPROPRIATE TO
ACQUIRE FROM TYLER TECHNOLOGIES, INC., A REPLACEMENT
SOFTWARE PACKAGE, COMPATIBLE WITH THE MUNIS SOFTWARE
SYSTEM FOR BUILDING PERMITTING SERVICES
This resolution will provide authority for the City Manager to purchase new
software for the Building Fund from the City's current financial system software
provider, MUNIS, a Tyler Technologies Company.
Attorney James Brady read by title only:
RESOLUTION NO. 2013-172
A RESOLUTION AUTHORIZING THE CITY MANAGER TO TAKE
SUCH STEPS AS SHALL BE NECESSARY AND APPROPRIATE
TO ACQUIRE FROM TYLER TECHNOLOGIES, INC., A
REPLACEMENT SOFTWARE PACKAGE, COMPATIBLE WITH
THE MUNIS SOFTWARE SYSTEM, FOR BUILDING
PERMITTING SERVICES; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
Commissioner Levoyd Williams moved to bring the item to the floor. The motion
was seconded by Vice Mayor Eileen Rathery. There was a unanimous voice
vote of approval.
Mayor Barrington Russell, Sr. requested a roll call vote.
Roll Call Showed: FORS: Vice Mayor Eileen Rathery, Commissioner
Edwina Coleman, Commissioner Eric Haynes, Commissioner Gloria
Lewis, Commissioner Patricia Williams and Commissioner Levoyd
Williams. AGAINSTS: none. (Motion passed 6:0)
10. CORRESPONDENCE
None
[PAGE 22]
Commission Meeting-January 14, 2014 Page 22 of 107
11. REPORT OF THE MAYOR
Thanked the City Manager and Staff for doing a tremendous job over the past
couple years
Commented on the successful negotiations with BSO in regard to the credit thatwill
be used towards the repayment of the BSO debt; thanked the City Attorney for
working along with the City Manager
Thanked Mr. Clay for the providing the prayers at Commission Meetings; extended
greetings to Mr. Clay and his wife
Wished everyone a Happy Holidays
Commended Mrs. Denton for spearheading the Thanksgiving dinner hosted at
Merrill United Church; commended City officials who assisted in serving the
thanksgiving dinner
Provided remarks on Nelson Mandela and his great works
Commented on the Resolution for the Philippines and other humanitarian efforts
that the City embarked on
12. REPORT OF THE VICE MAYOR
Thanked everyone who attended the meeting
Wished everyone a Merry Christmas
Offered a quote from Nelson Mandela
Applauded the Mayor for the Resolution regarding the Philippines
Thanked all City Employees for doing a great job
Thanked Commissioner Gloria Lewis for her contribution to the Unity New
Testament Church of God Scholarship Fund
13. REMARKS OF THE COMMISSIONERS
Commissioner Edwina Coleman
Thank everyone for attending the meeting
Wished everyone a Merry Christmas and a Happy New Year
Commented on the many signs of progress in the City of Lauderdale Lakes
Mentioned the opening of Dollar Tree Store; the coming of Race Trac Stores; the
coming of the new apartment complex
Thanked Captain Dunbar and the entire BSO Team
Thanked her colleagues for working together
Mentioned the Thanksgiving Dinner held at Merrill United Church
Admonished persons to consider the least fortunate
Commissioner Levoyd Williams
Offered quotes from Nelson Mandela
Wished everyone a Merry Christmas and Happy New Year; reminded persons to
celebrate Kwanza
Mentioned the passing of the daughter of James Griffin, Principal of Lauderdale
Lakes Middle School
Mentioned that the Charles McLymant sign was removed and should be replaced
[PAGE 23]
Commission Meeting-January 14, 2014 Page 23 of 107
Referenced the vote to change the name of the Alzheimer’s Center to The Bill
Clark and Sam Goldstein Building
Thanked everyone for allowing him to serve
Commissioner Patricia Williams
Offered a description of Nelson Mandela as “President, Prisoner and Peacemaker”
Reminded everyone that February 15, 2014 was the date for the 6th Annual Black
History Parade; stated that she looked forward to working with everyone
Commissioner Gloria Lewis
Mentioned that Oriole Elementary School won the naming of the Clean and Green
Recycling Mascot, Ben; she was extremely proud
Wished Happy Holidays to the audience and viewers
Thanked BSO Staff for their presence after school to represent the students
Commissioner Eric Haynes
Extended a Merry Christmas and Happy Holiday Season to everyone
Admonished everyone to be safe during the Season
Reminded all of the “See Something Say Something Program” initiated by
Commissioner Patricia Williams and requested that everyone be each other’s
keeper
Thanked Staff and Colleagues for another wonderful year
Commented on his pleasure in working with feeding the homeless
Mentioned the awesomeness of Nelson Mandela; encouraged everyone to go to
YouTube and listen to the poem written by Maya Angelou; he read a portion of
the magnificent rendering by Maya Angelou
14. REPORT OF THE CITY MANAGER
Announced the Annual Tree Lighting Ceremony, scheduled for Friday, December
13, 2013 from 6:00 p.m. – 8:00 p.m. at the Samuel S. Brown Monument
Announced the Annual Angel Tree Gift Giving Program scheduled for Saturday,
December 14, 2013 from 10:00 a.m. to 2:00 p.m. in the Multipurpose Building
Congratulated the Mayor and Commission for their leadership
Commented on the progress of the City and the focus for the New Year
Thanked the Mayor and Commission for all that they have accomplished together
15. REPORT OF THE CITY ATTORNEY
Thanked the community for the honor of continuing to serve and to work with all
the good people of Lauderdale Lakes, including BSO Police and Fire; Special
thanks to Commissioner Levoyd Williams whom he worked with over the past
twenty years
Wished everyone Happy Holidays and a Happy New Year
16. ADJOURNMENT
The meeting adjourned at 8:40 p.m.
[PAGE 24]
Commission Meeting-January 14, 2014 Page 24 of 107
6. A
CITY OF LAUDERDALE LAKES
Agenda Cover Page
Workshop: Public Hearing Quasi-Judicial
Fiscal Impact: Yes No Ordinance Resolution
Contract Requirement: Yes No 1st Reading 2nd Reading
Title
ORDINANCE 2013-28 AMENDING SUBSECTION 704.4.2 OF SECTION 704 OF THE
LAND DEVELOPMENT REGULATIONS BY PROVIDING THAT BIO-DIESEL
PROCESSING FACILITIES SHALL BE PERMITTED AS A CONDITIONAL USE WITHIN
THE GENERAL BUSINESS, B-3 ZONING DISTRICT.
Summary
This proposed ordinance would amend Subsection 704.4.2 of the Land Development Regulations
to permit bio-diesel processing facilities as a conditional use within the General Business, B-3
zoning district.
Staff Recommendation
It is recommended that the City Commission approve the proposed ordinance amending
Subsection 704.4.2 of the Land Development Regulations to permit bio-diesel processing
facilities as a conditional use within the General Business, B-3 zoning district.
Background:
At the October 7, 2013 City Commission Workshop Meeting, Craig Goldstein, owner of
the Westway Towing and WreckAmended Collision Center located at 3685-81 West
Oakland Park Boulevard, made a presentation to the City Commission requesting that
they consider permitting bio-diesel processing facilities as permitted uses within the
General Business, B-3 zoning district. As part of his presentation, Mr. Goldstein noted
that the conversion of waste vegetable oil to bio-diesel fuel is an eco-friendly process
that promotes renewable energy sources. Mr. Goldstein further stated that the
production process is clean with no adverse impacts to the environment. Biodiesel is
the name given to fuel for Diesel engines created by the chemical conversion of animal
fats or vegetable oils. Pure vegetable oil works well as a fuel for Diesel engine.
Funding Source: Not applicable
Appearance
(Names and Titles of Outside Individuals Only)
Craig Goldstein, Westway Towing
[PAGE 25]
Commission Meeting-January 14, 2014 Page 25 of 107
Sponsor Name/Department: Commissioner Levoyd Williams/Office of the Mayor and
Commission
Meeting Date: January 14, 2014
[PAGE 26]
Commission Meeting-January 14, 2014 Page 26 of 107
CITY OF LAUDERDALE LAKES
Public Works & Development Services Department
INTEROFFICE MEMORANDUM
TO: Jonathan K. Allen, MPA DATE: November 18, 2013
City Manager
FROM: Danny A. Holmes, AICP RE: Proposed Ordinance Amending
Public Works & Development Subsection 704.4.2 of the Land
Services Director Development Regulations to Allow Bio
-Diesel Processing Facilities as a
Conditional Use within the General
Business, B-3 Zoning District.
November 14, 2013 Special Planning & Zoning Board Agenda
November 26, 2013 City Commission Meeting – 1st Reading
January 14, 2014 City Commission Meeting – 2nd Reading
RECOMMENDATION
It is recommended that the City Commission approve the proposed ordinance amending
Subsection 704.4.2 of the Land Development Regulations to permit bio-diesel processing
facilities as a conditional use within the General Business, B-3 zoning district.
THE REQUEST
Craig Goldstein, Owner of the Westway Towing and WreckAmended Collision Center, is
requesting that the City amend Subsection 704.4.2 of the Land Development Regulations to
permit bio-diesel processing facilities as a conditional use within the General Business, B-3
zoning district.
BACKGROUND
At the October 7, 2013 City Commission Workshop meeting, Craig Goldstein, owner of the
Westway Towing and WreckAmended Collision Center located at 3685-81 West Oakland Park
Boulevard, made a presentation to the City Commission requesting that they consider permitting
bio-diesel processing facilities as permitted uses within the General Business, B-3 zoning
district. As part of his presentation, Mr. Goldstein noted that the conversion of waste vegetable
oil to bio-diesel fuel is an eco-friendly process that promotes renewable energy sources. He
further noted that the production process is clean with no adverse impacts to the environment.
[PAGE 27]
Commission Meeting-January 14, 2014 Page 27 of 107
Biodiesel is the name given to fuel for Diesel engines created by the chemical conversion of
animal fats or vegetable oils. Pure vegetable oil works well as a fuel for Diesel engine.
Conversion to Biodiesel fuel has the following advantages:
- Readily mixes with petroleum diesel fuel in any ratio
- Restores lubricity of low-sulfur diesel fuel by mixing as little as 1% biodiesel
- Is made from renewable sources
- Can be burned in modern diesel with little or no modification
- Reduction in emissions of
o Sulfur dioxide by 100%
o Soot emissions by 40-60%
o Carbon monoxide by 10-50%
o Hydrocarbons by 10-50%
o Nitrous oxide by 5-10%, depending on engine tuning and the age of the
engine. Nitrous oxide emissions may increase in some instances.
PROPOSED AMENDMENT
The amendment proposed to the City’s Land Development Regulations is as follows1:
704. Business Zoning Districts
704.1 Purpose. These business districts are intended to provide for commercial
development in conformance with the comprehensive plan and provide for a variety of
zoning districts to accommodate the city's business and commerce needs.
* * *
704.4. General business (B3) district. This district is intended to provide locations
for planned commercial centers, sharing a common identity, parking and other
support facilities developed according to an overall development plan; and for a
wide range of goods and services to serve a market beyond the community itself.
Such commercial concentrations are expected to draw substantial patronage from
outside areas and are not expected to serve the convenience needs of local
residents. As such, these centers should be oriented towards, and have direct
access to arterial roadways, particularly major arterials
[PAGE 28]
Commission Meeting-January 14, 2014 Page 28 of 107
704.4.1 Uses permitted. No building or structure, or part thereof, shall be
erected, altered or used, or land used in whole or part for other than one or
more of the following specific uses provided the requirements set forth
elsewhere in this section are satisfied.
Any use permitted in a B1 or B2 district subject to the requirements of that
district as modified herein.
Sales and installation of automobile tires, batteries and window tinting.
Commercial transportation business including taxi dispatch, bus and tram
depot.
Automobile car washing.
Telephone exchange and telemarketing.
Off-premises catering.
Appliance, furniture and small equipment rental agencies.
Professional and research and development offices.
Accessory uses and structures.
Communication broadcast and production facility
704.4.2. Conditional use. The following uses may be established if first
approved as a conditional use:
Business-related schools, subject to the following:
A maximum of one establishment when located within a multi-
tenant shopping center, and
A limitation of 20,000 square feet or 25 percent of gross leasable
area, whichever is less, per establishment when located within a
multi-tenant shopping center.
Sale or rental of automobiles, trucks, trailers, motor homes and boat.
Storage and distribution facilities.
[PAGE 29]
Commission Meeting-January 14, 2014 Page 29 of 107
Outdoor cooking and barbecuing pursuant to the limitations set forth in
section 704.4.4.
Automobile repair and service shops, excluding paint and body repair.
Automobile paint & body shops, subject to the following:
When established in conjunction with a automobile new or used
car sales agency
Building housing paint & body repair use shall be located at least
200 feet from any "R" zoned lands.
The limitations set forth in Section 712.6
Bio-diesel processing facilities, subject to the following:
Tanks and equipment must be stored either within a completely
enclosed building or stored in an area surrounded by solid walls at
least six feet high.
Facility may not serve as a bio-diesel fuel service station.
___________________
1 Underlined provisions constitute proposed additions to existing City Code text; stricken through provisions
indicate proposed deletions from exiting City Code text.
ANALYSIS
Standards for reviewing proposed amendments to the text of the Land Development
Regulations pursuant to Section 507.8 of the City Code:
1) The proposed amendment is legally required.
The proposed amendment is legally required to permit bio-diesel processing facilities
within the General Business, B-3 zoning district.
2) The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
[PAGE 30]
Commission Meeting-January 14, 2014 Page 30 of 107
The proposed amendment is generally consistent with the goals and objectives of the
Comprehensive Plan.
3) The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations. “T he purpose of the LDRs is to further implement the
comprehensive plan of the city by establishing regulations, procedures and standards for
review and approval of all development and uses of land and water in the city. The LDRs
are adopted in order to foster and preserve public health, safety, comfort and welfare, and
to aid in the harmonious, orderly, and progressive development and redevelopment of the
City.” The proposed amendment is consistent with this purpose.
4) The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City.
5) The proposed amendment improves the administration or execution of the development
process.
The proposed amendment improves the administration or execution of the development
process in that it would establish permissible locations for bio-diesel processing facilities
within the City.
City Staff Recommendation – Craig Goldstein is requesting that the City Commission amend
its Land Development Regulations to permit bio-diesel processing facilities as a permitted use
within the General Business, B-3 zoning district. Staff has reviewed the subject request and
finds that the use is most suitable within the City’s Light Industrial, I-1, zoning district. Should
the City Commission desire to permit the use within the General Business, B-3 zoning district,
staff would recommend that the use be permitted as a conditional use. Staff would further
recommend the following additional conditions:
1) Tanks and equipment must be stored either within a completely enclosed building or
stored in an area surrounded by solid walls at least six feet high.
2) Facility may not serve as a bio-diesel fuel service station.
3) Property shall be located at least 200 feet from any “R” zoned lands.
Based upon the above concerns, staff recommends approval of the proposed text amendment to
permit bio-diesel processing facilities as a conditional use within the General Business, B-3
zoning district, contingent upon the aforementioned conditions.
Planning and Zoning Board Recommendation - At its November 14, 2013 meeting, the
Planning & Zoning Board voted to recommend approval of the proposed ordinance amending
Subsection 704.4.2 of the Land Development Regulations by a vote of 3 – 0.
[PAGE 31]
Commission Meeting-January 14, 2014 Page 31 of 107
ORDINANCE 2013-28
AN ORDINANCE AMENDING SUBSECTION 704.4.2 OF SECTION 704
OF THE LAND DEVELOPMENT REGULATIONS BY PROVIDING THAT
BIO-DIESEL PROCESSING FACILITIES SHALL BE PERMITTED AS A
CONDITIONAL USE WITHIN THE GENERAL BUSINESS, B-3 ZONING
DISTRICT; PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT REGULATIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on petition of Craig Goldstein, owner of Westway Towing and Wreck
-Amended-Collision Centers, Inc., the City staff and the City Commission have
considered whether or not to permit Bio-diesel processing facilities in the General
Business, B-3 Zoning District, and
WHEREAS, it is found that Bio-diesel processing is a safe and needed process,
and
WHEREAS, the Bio-diesel process involves the conversion of waste vegetableoil
to bio-diesel fuel which serves to promote renewable energy sources, and
WHEREAS, the Bio-diesel process does not create adverse impacts to the
environment or excessive odor, smoke or other reactions which may be offensive to
residential neighborhoods and surrounding businesses, and
WHEREAS, the City Commission seeks to promote sustaining-commercialization
which creates employment opportunities,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF LAUDERDALE LAKES as follows:
SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
Clauses are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
[PAGE 32]
Commission Meeting-January 14, 2014 Page 32 of 107
SECTION 2. AMENDMENT: Subsection 704.4.2 of Section 704 of the Land
Development Regulations is hereby amended to read as follows:
704.4.2. Conditional use. The following uses may be established if first
approved as a conditional use:
Business-related schools, subject to the following:
A maximum of one establishment when located within a multi-tenant
shopping center, and
A limitation of 20,000 square feet or 25 percent of gross leasable area,
whichever is less, per establishment when located within a multi-tenant
shopping center.
Sale or rental of automobiles, trucks, trailers, motor homes and boat.
Storage and distribution facilities.
Outdoor cooking and barbecuing pursuant to the limitations set forth in section
704.4.4.
Automobile repair and service shops, excluding paint and body repair.
Automobile paint and body shops, subject to the following:
When established in conjunction with an automobile new or used car sales
agency.
Building housing paint and body repair use shall be located at least 200 feet
from any "R" zoned lands.
The limitations set forth in section 712.6.
Bio-diesel processing facilities, subject to the following:
Tanks and equipment must be stored either within a completely
enclosed building or stored in an area surrounded by solid walls at least
six feet high.
Facility may not serve as a bio-diesel fuel service station.
SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith
are hereby repealed.
SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct
[PAGE 33]
Commission Meeting-January 14, 2014 Page 33 of 107
and independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 5. INCLUSION IN LAND DEVELOPMENT REGULATIONS: It is the
intention of the City Commission of the City of Lauderdale Lakes Land Development
Regulations of Ordinances of the City of Lauderdale Lakes and that the sections of this
Ordinance may be renumbered or relettered and the word "Ordinance" may be changed
to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed; provided, however, that Section
1 hereof or the provisions contemplated thereby shall not be codified.
SECTION 6. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING IN FULL/BY TITLE ONLY, UPON APPROVAL
OF AT LEAST FIVE (5) AFFIRMATIVE VOTES OF THE CITY COMMISSIONERS, ON
THE 26TH DAY OF NOVEMBER, 2013.
PASSED ON SECOND READING BY TITLE ONLY THE 14TH DAY OF
JANUARY, 2014.
ADOPTED AND PASSED BY THE CITY COMMISSION OF THE CITY OF
LAUDERDALE LAKES AT ITS REGULAR MEETING HELD ON THE 14TH DAY OF
JANUARY, 2014.
___________________________________
BARRINGTON A. RUSSELL, SR., MAYOR
ATTEST:
_______________________________
LOLITA CODRINGTON, CITY CLERK
JCB:jla
Sponsored by: DANNY A. HOLMES, Director of Public Works and Development Services
[PAGE 34]
Commission Meeting-January 14, 2014 Page 34 of 107
VOTE:
Vice-Mayor Patricia Williams ____ (For) ____ (Against) ____ (Other)
Commissioner Edwina Coleman ____ (For) ____ (Against) ____ (Other)
Commissioner Eric Haynes ____ (For) ____ (Against) ____ (Other)
Commissioner Gloria Lewis ____ (For) ____ (Against) ____ (Other)
Commissioner Eileen Rathery ____ (For) ____ (Against) ____ (Other)
Commissioner Levoyd Williams ____ (For) ____ (Against) ____ (Other)
[PAGE 35]
Commission Meeting-January 14, 2014 Page 35 of 107
6. B
CITY OF LAUDERDALE LAKES
Agenda Cover Page
Workshop: Public Hearing Quasi-Judicial
Fiscal Impact: Yes No Ordinance Resolution
Contract Requirement: Yes No 1st Reading 2nd Reading
Title
ORDINANCE 2013-29 AMENDING THE FISCAL YEAR 2014 ADOPTED BUDGET FOR
THE BUILDING SERVICES AND ALZHEIMER'S CARE FUNDS; PROVIDING FOR
REVISIONS OF APPROPRIATION OF FUNDS FOR THE OPERATION OF THE
GOVERNMENT OF THE CITY OF LAUDERDALE LAKES FOR FISCAL YEAR 2014, AS
IDENTIFIED ON EXHIBIT “A,” ATTACHED HERETO; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
Summary
In accordance with Ordinance 2013-27, this proposed ordinance would amend the Fiscal Year
2014 Budget to provide for the appropriation of funds. This is the City's first budget amendment
for Fiscal Year 2014.
Staff Recommendation
Background:
In November 2013, the City adopted a balanced Fiscal Year 2014 Budget. Over the course of
the fiscal year, monthly financial statements are provided informing the City Commission of the
City’s budget position and any anticipated budget amendments. This amendment is necessary to
reconcile budget funds, fund limited program modifications, and maintain a balanced Fiscal Year
2014 Budget.
The purpose of this agenda item and ordinance is to reconcile the Building Fund and
Alzheimer’s Care Fund. In addition, Building Fund expenditures will be allocated for the
purposes of providing funds to cover costs for Building Services Information Technology
MUNIS Equipment and Software update. This equipment and software update would allow the
building services division to process permits on line and provide other e-services. The update is
part of the City’s comprehensive goal of providing more effective and efficient services.
The Alzheimer’s Care Fund expenditures will be allocated for the purpose of providing funds to
cover grant related costs for to the Alzheimer’s Care Center/Caregiver Resource Center. The
grant is to furnishings, equipment and programming for the Alzheimer’s Care Center. This is the
third year of the grant’s appropriation of which only $47,082.79 is remaining.
[PAGE 36]
Commission Meeting-January 14, 2014 Page 36 of 107
The Building Fund 405 and Alzheimer Care Fund 112 budgets shall be amended to reflect the re-
appropriation of Fund Balance revenues, the receipts of grant revenues and corresponding
expenditures. See the attached Budget Amendment Sheets for more information.
Upon final approval on second reading, staff will immediately and accurately update the City’s
financial system with the amended budget information. All budget amendments and the
adopting legislation will be provided to the City’s Auditor for the evaluation as a part of the
FY2014 Audit Process.
Staff recommends the approval of the ordinance for the proposed budget amendment on first
reading.
Funding Source:
See Exhibit “A” for more information
Appearance
(Names and Titles of Outside Individuals Only)
Sponsor Name/Department: Marie W. Elianor, Financial Services Director
Date: January 14, 2014
[PAGE 37]
Commission Meeting-January 14, 2014 Page 37 of 107
ORDINANCE NO. 2013-29
AN ORDINANCE AMENDING THE ADOPTED BUDGET FOR FISCAL
YEAR 2014; PROVIDING FOR REVISIONS TO THE BUDGET FOR THE
BUILDING SERVICES AND ALZHEIMER’S CARE FUNDS; PROVIDING
FOR REVISIONS OF THE APPROPRIATION OF FUNDS FOR THE
OPERATION OF THE GOVERNMENT OF THE CITY, AS IDENTIFIED
ON EXHIBIT A, ATTACHED HERETO; PROVIDING FOR A
RECONCILIATION AND MAINTENANCE OF A BALANCED BUDGET
FOR FISCAL YEAR 2014; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in September, 2013, the City Commission adopted a balancedFiscal
Year 2014 Budget, and
WHEREAS, to correct an error resulting from a mis-advertisement, the City
Commission readopted a balanced budget, after a public hearing in November, and
WHEREAS, it is necessary to reconcile the Building Fund and the Alzheimer’s
Care Fund and to reallocate certain proceeds of such Funds to specific purposes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF LAUDERDALE LAKES as follows:
SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
Clauses are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
SECTION 2. ADOPTION OF AMENDED BUDGET: The City Commission
hereby amends the adopted budget for Fiscal Year 2014, to provide for revisions of
appropriation of funds for building services and Alzheimer’s care funds, as specifically
set forth on Exhibit A, attached hereto, and the City Commission hereby directs the City
Manager to take such action as shall be appropriate to incorporate the same in the
budget, as amended.
[PAGE 38]
Commission Meeting-January 14, 2014 Page 38 of 107
SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith
are hereby repealed.
SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 5. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING IN FULL/BY TITLE ONLY, UPON APPROVAL
OF AT LEAST FIVE (5) AFFIRMATIVE VOTES OF THE CITY COMMISSIONERS, ON
THE 26TH DAY OF NOVEMBER, 2013.
PASSED ON SECOND READING BY TITLE ONLY THE 14TH DAY OF
JANUARY, 2014.
ADOPTED AND PASSED BY THE CITY COMMISSION OF THE CITY OF
LAUDERDALE LAKES AT ITS REGULAR MEETING HELD ON THE 14TH DAY OF
JANUARY, 2014.
___________________________________
BARRINGTON A. RUSSELL, SR., MAYOR
ATTEST:
________________________________
LOLITA CODRINGTON, CITY CLERK
JCB:jla
Sponsored by: MARIE W. ELIANOR, Director of Financial Services
VOTE:
[PAGE 39]
Commission Meeting-January 14, 2014 Page 39 of 107
Vice-Mayor Eileen Rathery ____ (For) ____ (Against) ____ (Other)
Commissioner Edwina Coleman ____ (For) ____ (Against) ____ (Other)
Commissioner Eric Haynes ____ (For) ____ (Against) ____ (Other)
Commissioner Gloria Lewis ____ (For) ____ (Against) ____ (Other)
Commissioner Patricia Williams ____ (For) ____ (Against) ____ (Other)
Commissioner Levoyd Williams ____ (For) ____ (Against) ____ (Other)
[PAGE 40]
Commission Meeting-January 14, 2014 Page 40 of 107
[PAGE 41]
Commission Meeting-January 14, 2014 Page 41 of 107
[PAGE 42]
Commission Meeting-January 14, 2014 Page 42 of 107
6. C
CITY OF LAUDERDALE LAKES
Agenda Cover Page
Workshop: Public Hearing Quasi-Judicial
Fiscal Impact: Yes No Ordinance Resolution
Contract Requirement: Yes No 1st Reading 2nd Reading
Title
ORDINANCE 2013-30 AMENDING CHAPTER 50 OF THE CODE OF ORDINANCES;
PROVIDING FOR THE REESTABLISHMENT OF A RENTAL HOUSING INSPECTION
PROGRAM; CREATING SECTION 50-31 THROUGH 50-35, AS FOLLOWS: 50-31 – TITLE
AND PURPOSE, 50-32 - LANDLORD REGISTRATION AND RESIDENTIAL PROPERTY
INSPECTIONS PROGRAMS ESTABLISHED, 50-33 – DEFINITIONS, 50-34 – LANDLORD
REGISTRATION OF RESIDENTIAL RENTAL UNITS REQUIRED, AND 50-35 –
STANDARDS, 50-36 - INSPECTIONS.
Summary
This proposed ordinance would amend Chapter 50 of the Lauderdale Lakes Code of Ordinances
to reestablish the Rental Housing Inspection Program.
Staff Recommendation
It is recommended that the City Commission approve the proposed ordinance amending
Chapter 50 of the Lauderdale Lakes Code of Ordinances to reestablish the Rental
Housing Inspection Program.
Background:
The subject ordinance seeks to re-establish the Rental Housing Inspection Program.
The revised ordinance focuses on regulating those rental units within the City that are
not subject to inspection by other regulatory agencies. As with the initial ordinance, the
revised ordinance will enable the City to obtain current contact information for landlords
and enable an annual registration and inspection program for residential rental
properties located within the City. Pursuant to the ordinance a residential rental unit is
defined as any residential dwelling that is leased for residential purposes, including any
single-family home, multi-family dwelling (including condominium units), duplex, triplex,
and quadraplex, mobile home, or other similar unit. Residential rental units shall not
include any dwelling unit that is owned by a federal, state, or local housing program or
that is subsidized by the federal Department of Housing and Urban Development,
hotels, motels, public lodging establishments, as defined in Section 509.013, Florida
Statutes, or any community residential facility licensed and inspected by the State of
Florida. Under the new ordinance no person would be allowed to lease a residential
rental unit unless that person has previously obtained a Residential Certificate of Use
for that unit. After the enactment of the ordinance, each person that currently leases a
residential rental unit to another person shall apply for a Residential Certificate of Use
within 90 days, unless exempt from the provisions of the new regulations. The annual
[PAGE 43]
Commission Meeting-January 14, 2014 Page 43 of 107
application fee under the ordinance would be $75.00. The standards that have been
established for residential units are as set forth in the attachment.
Funding Source: N/A
Appearance
(Names and Titles of Outside Individuals Only)
Sponsor Name/Department: Danny A. Holmes, AICP, Public Works & Development Services
Director
Meeting Date: January 14, 2014
[PAGE 44]
Commission Meeting-January 14, 2014 Page 44 of 107
CITY OF LAUDERDALE LAKES
Public Works & Development Services Department
INTEROFFICE MEMORANDUM
TO: Jonathan K. Allen, MPA DATE: November 6, 2013
City Manager
FROM: Danny A. Holmes, AICP RE: Ordinance Amending Chapter 50 of
Public Works & Development the Lauderdale Lakes Code of
Services Director Ordinances to Reestablish the Rental
Housing Inspection Program.
October 7, 2013 City Commission Workshop Meeting Agenda
November 26, 2013 City Commission Meeting Agenda – 1st Reading
January 14, 2014 City Commission Meeting Agenda – 2nd Reading
RECOMMENDATION
It is recommended that the City Commission approve the proposed ordinance amending Chapter
50 of the Lauderdale Lakes Code of Ordinances to reestablish the Rental Housing Inspection
Program.
THE REQUEST
City Staff is requesting that Chapter 50 of the Lauderdale Lakes Code of Ordinances be amended
to reestablish the City’s Rental Housing Inspection Program.
BACKGROUND
In 2000, pursuant to Ordinance No. 00-31, the City Commission voted to enact a Rental Housing
Inspection Program. The purpose of the Rental Housing Inspection Program was to establish
minimum housing standards that would m aintain property values, improve the overall
appearance of the City, and provide for the health, safety and welfare of the occupants of the
property inspected. After many years of having the scope of the rental housing inspection
program challenged by the Department of Business and Professional Regulation, the City
repealed the ordinance in its entirety in earlier this year with the intent of redrafting the
ordinance.
The subject ordinance seeks to re-establish the rental housing inspection program. The revised
ordinance focuses on regulating those rental units within the City that are not subject to
inspection by other regulatory agencies. As with the initial ordinance, the revised ordinance will
enable the City to obtain current contact information for landlords and enable an annual
registration and inspection program for residential rental properties located within the City.
Pursuant to the ordinance a residential rental unit is defined as any residential dwelling that is
leased for residential purposes, including any single-family home, multi-family dwelling
(including condominium units), duplex, triplex, and quadraplex, mobile home, or other similar
[PAGE 45]
Commission Meeting-January 14, 2014 Page 45 of 107
unit. Residential rental units shall not include any dwelling unit that is owned by a federal, state,
or local housing program or that is subsidized by the federal Department of Housing and Urban
Development, hotels, motels, public lodging establishments, as defined in Section 509.013,
Florida Statutes, or any community residential facility licensed and inspected by the State of
Florida. Under the new ordinance no person would be allowed to lease a residential rental unit
unless that person has previously obtained a Residential Certificate of Use for that unit. After
the enactment of the ordinance, each person that currently leases a residential rental unit to
another person shall apply for a Residential Certificate of Use within 90 days, unless exempt
from the provisions of the new regulations. The annual application fee under the ordinance
would be $75.00. The standards that have been established for residential units are as set forth
below:
Each property inspected pursuant to the application requested and each building or unit
offered for rent or lease or which is rented or leased and not otherwise exempt shall meet the
following standards established by the city in addition to and supplemented by other
requirements adopted by the city, in order to maintain property values and improve the
appearance of the city, as well as to provide for the health, safety and welfare of the occupants of
the property inspected:
(1) Exterior wall surfaces. Exterior wall surfaces shall be maintained in good
condition to prevent deterioration, and repainted or recovered when 25 percent or more of any
exposure becomes discolored or is peeling. Outside building walls shall not have any holes or
loose boards.
(2) Roofs and gutters. Roofs and gutters shall be maintained in good condition to
prevent water from leaking into the building structure. Painted roofs shall be cleaned or repainted
when 25 percent or more of any exposure becomes discolored by mildew or is scaling. Gutters
shall be uniformly secured to the building and maintained to operate as designed.
(3) Windows and doors. All exterior windows and doors shall be maintained weather
-tight and in good operating condition to provide security.
(4) Fire safety. All legally required fire safety requirements shall be provided and
maintained.
(5) Interior building condition.
(a) Density or occupational load. No unauthorized alteration or repair shall
be allowed which increases the number of dwelling units or bedrooms for which the building
received its certificate of occupancy.
(b) Electrical wiring. Electrical wiring and appurtenances shall be maintained
according to the applicable codes and in a safe condition.
(c) Plumbing. All plumbing facilities shall be maintained in good sanitary
working condition free from leaks and obstructions.
(d) Heating and ventilation systems. Heating and ventilation systems shall be
maintained in good repair and working condition.
[PAGE 46]
Commission Meeting-January 14, 2014 Page 46 of 107
(e) Walls, ceilings and floors. Every wall, ceiling and floor shall be vermin-
proof and kept in good repair.
(f) Toilet areas and bathroom floors. Toilet areas and bathroom floors shall
be maintained so as to be impervious to water so as to allow the facility to be kept clean and
sanitary.
(g) Common corridors, stairways, entrances and exits. These facilities shall
be kept free from obstructions and fire hazards. Common entrances and stairways shall b e kept
ventilated and provided with emergency lighting that is maintained in good working condition.
Handrails shall be installed in all stairways and on all balconies. Exits shall be clearly marked
and provided with emergency lighting where required by the applicable code and be maintained
in good working condition.
(h) Utility services. Every supplied utility which is required at the time of
certificate of occupancy shall be maintained in operational condition according to the applicable
code.
(6) Outside property condition.
(a) Off-street parking. The number of required off-street parking spaces shall
be maintained. Paving, striping, curbing, and wheel stops, as well as drainage facilities, must be
maintained. Paved areas must be repaired or replaced when any deterioration occurs to the extent
that the road rock or subbase is exposed.
(b) Landscaping. All landscaping shall be maintained as required by the
applicable code.
(c) Garbage and refuse. Brush, weeds, broken glass, stumps, filth, garbage,
trash and debris shall not be permitted on the premises. Furthermore, each residential living unit
shall be provided with close-fitting solid waste storage equipment or garbage containers which
meet the requirements of the applicable code.
(d) Swimming pools and patios. Swimming pools and patios shall be
maintained in a clean, sanitary condition, free from debris, trash, garbage, or vegetation.
Screened enclosures and doors shall be intact and in good working condition.
(e) Stormwater runoff. All areas of the property shall provide drainage
capabilities and facilities to properly dispose of stormwater runoff in an approved manner.
Stormwater runoff shall not be disposed of onto or through other properties. All drainage
facilities shall be maintained in good working condition.
(f) Abandoned property. Abandoned property shall not be permitted to remain
on private property or open easements contiguous to private property.
(g) Personal property. Personal property shall be stored in either an approved
container or in some other type of enclosed facility.
[PAGE 47]
Commission Meeting-January 14, 2014 Page 47 of 107
ORDINANCE 2013-30
AN ORDINANCE AMENDING CHAPTER 50 OF THE CODE OF
ORDINANCES; PROVIDING FOR THE REESTABLISHMENT OF A
RENTAL HOUSING INSPECTION PROGRAM; CREATING SECTION 50-
31 THROUGH 50-35, AS FOLLOWS: 50-31 – TITLE AND PURPOSE, 50-
32 - LANDLORD REGISTRATION AND RESIDENTIAL PROPERTY
INSPECTIONS PROGRAMS ESTABLISHED, 50-33 – DEFINITIONS, 50-
34 – LANDLORD REGISTRATION OF RESIDENTIAL RENTAL UNITS
REQUIRED, AND 50-35 – STANDARDS, 50-36 - INSPECTIONS;
PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING
ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission recognizes that there is a substantial number
of residential units located within the City, which are not subject to specific regulations
by responsible entities, and
WHEREAS, it is appropriate to establish procedures, so as to insure that
landlords of residential properties are notified of code violations on their respective
properties, through the maintenance of current and accurate contact information, and
WHEREAS, it is in the best interest of the health, safety and welfare of the
residents of the City that code violations be corrected as quickly as possible, so as to
reduce negative health and economic consequences resulting from the continuation of
such violations, and
WHEREAS, a landlord registration program will enable the City to have current
contact information for landlords, and an annual registration and inspection program for
residential rental properties located within the City will underpin the positive
maintenance of the health, safety and welfare of the community,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF LAUDERDALE LAKES as follows:
[PAGE 48]
Commission Meeting-January 14, 2014 Page 48 of 107
SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
Clauses are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
SECTION 2. AMENDMENT: Chapter 50 of Article II of the Code of Ordinances
of the City of Lauderdale Lakes is hereby amended, as follows:
ARTICLE II. - RENTAL HOUSING
Sec. 50-31. - Title and purpose.
This article shall be known as the "Landlord Registration and Residential Rental
Property Inspections Program." The purpose of the Program is to create a landlord
registration database of current and accurate information required to contact a property
owner, or designated entity, regarding health or safety violations, minimum housing
code complaints, or emergency situations at residential rental units. The Program's
further purpose is to conduct rental property inspections to address substandard
maintenance of rental properties, promote greater compliance with property
maintenance standards, protect property values, and preserve the quality of the area
neighborhoods and available housing.
Sec. 50-32. Landlord registration and residential rental property inspections
program established.
The landlord registration and residential rental property inspections program for
the areas of the City of Lauderdale Lakes is hereby established.
Sec. 50-33. Definitions.
For the purpose of this Schedule, the following terms, phrases,
words, and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include the future,
words in the plural number include the singular number, and words in the
singular number include the plural number. The word "shall" is always mandatory
and not merely directory.
(a) Approved is approved in accordance with regulations promulgated
by the Building Official.
(b) Building code is the Building Code of this City.
(c) Building official is the Building Official of this City.
(d) Deterioration shall mean the condition or appearance of a building,
or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, excessive use or lack or
maintenance.
[PAGE 49]
Commission Meeting-January 14, 2014 Page 49 of 107
(e) Dwelling is a building or structure, except temporary housing, which
is wholly or partly used or intended to be used for living or sleeping by human
occupants.
(f) Dwelling unit is a room or group of rooms located within a dwelling
and forming a single habitable unit with facilities which are used or intended to be used
for living, sleeping, cooking, and eating.
(g) Enforcement agency is both the Financial Services Department and
Public Works and Development Services Department.
(h) Enforcement agency director is the Director of Financial Services
and the Director of the Public Works and Development Services Department, and any
person duly designated by the City Manager in writing to serve in such capacity.
(i) Enforcement official is the Building Official, any Building Inspector,
any Code Enforcement Officer or any person duly designated by the City Manager in
writing to inspect premises and enforce these Minimum Housing Quality Standards.
(j) Fire hazard shall mean any condition or act which increases the
hazard or menace of fire to a greater degree than that customarily recognized as normal
by persons in the service of preventing, suppressing or extinguishing fires; or which may
obstruct, delay, or hinder or obstruct the prevention, suppression or extinguishment of
fire.
(k) Garbage shall mean all rubbish, trash, ashes, animal or vegetable
waste resulting from the preparation, handling, cooking and consumption of food, and
other organic waste.
(l) Good state of repair as it relates to a structure shall mean that it is
safe and reasonably comfortable for its ordinary intended use, or that the materials used
in the structure are sound and stable and performing the function for which they were
intended and as it relates to fixtures, appurtenances, and personally located within, on,
or adjacent to any structure it shall mean that said property is sound, in a good state of
repair, and fully performing the function for which it was designed.
(m) Good working condition shall mean the item is fully operable for the
use of which it was intended.
(n) Habitable room is a room or enclosed floor space used or intended
to be used for living, sleeping, or eating purposes, excluding bathrooms, water closed
compartments, laundries, foyers, pantries, communicating corridors, stairways, closets,
basement recreation rooms and storage spaces.
(o) Hardship shall mean a bona fide burden placed upon an aggrieved
party and causing irreparable injury to said party as the result of the implementation of
the provisions of this Article.
(p) Health code shall mean the Florida Sanitary Code as established
by Chapter 10D of the Florida Administrative Code, as existing or as may be amended.
[PAGE 50]
Commission Meeting-January 14, 2014 Page 50 of 107
(q) Infestation shall mean the presence of any destructive or disease-
bearing insects, rodents, vermin or other pests.
(r) Lease shall mean any agreement or other arrangement, written or
otherwise, offered by a landlord to a lessee in order to lease, sublease, rent, license,
sublicense, or allow occupancy of a residential rental unit.
(s) Lessee shall mean a person to whom a lease, sublease, license, or
residential rental agreement is granted, whether written or oral.
(t) Multi-family dwelling is any dwelling or part thereof
containing three or more dwelling units.
(u) Nuisance shall mean any condition that endangers life
or health, obstructs reasonable or comfortable use of property or any nuisance
prohibited by general law, special law, local law or ordinance.
(v) Occupant is any person including an owner or
operator living and sleeping in a dwelling unit or rooming unit.
(w) Openable area is the part of a window or door which
is available for unobstructed ventilation and which opens directly to the outdoors.
(x) Operator is a person having charge, care,
management, or control of any dwelling or part of it, in which dwelling units or
rooming units are let.
(y) Owner shall mean any person having any legal or equitable title in
any residential rental unit.
(z) Person is any person, firm, partnership, association,
corporation, company or organization of any kind.
(aa) Plumbing means, includes and refers to:
(1) The materials including pipe, fittings, valves, fixtures and appliances
attached to and a part of a plumbing or gas system for the purpose of creating
and maintaining sanitary, heating or cooking facilities in buildings, camps and
swimming pools on property where people live, work, play, assemble or travel;
(2) That part of a water supply and sewage and drainage system extending
from either the public water supply mains or private water supply to the public
sanitary, storm or combined sanitary and storm sewers or to a private sewage
disposal plant, septic tank, disposal field, pit, box filter bed or any other
receptacle or into any natural or artificial body of water, water course upon
public or private property;
(3) The design, installation or contracting for installation, removal and
replacement, repair or remodeling, or all or any part of the materials,
appurtenance or devices attached to and forming a part of a plumbing system,
[PAGE 51]
Commission Meeting-January 14, 2014 Page 51 of 107
including the installation of any fixture, appurtenance or devices used for
cooking, washing, drinking, cleaning, firefighting, mechanical or manufacturing
purposes.
(bb) Plumbing Code is the Plumbing Code of this City.
(cc) Premises is a lot, plot, or parcel of land including the
buildings and structures thereon.
(dd) Rental unit shall mean a dwelling unit, as defined
herein, which is occupied under a single rental agreement and is located in an
apartment, dwelling, rooming house, rooming unit, guest house, lodging house or
dormitory. Insofar as these terms are defined in this section, they shall have the
meaning herein ascribed to them. These rental units with two or more rental units
located within the City shall require to have, in the City, a legal rental agent or
operator.
(ee) Residential Rental Certificate of Use (“Certificate”) shall mean a
certificate that shall be obtained from the City by any person that leases a residential
rental unit to a lessee.
(ff) Residential rental unit shall mean any residential dwelling that is
leased for residential purposes, including any single-family home, multi-family dwelling
(including condominium units), duplex, triplex, and quadraplex, mobile home, or other
similar unit. Residential rental unit shall not include any dwelling unit that is owned by a
federal, state, or local housing program or that is subsidized by the federal Department
of Housing and Urban Development, hotels, motels, public lodging establishments, as
defined in Section 509.013, Florida Statutes, or any community residential facility
licensed and inspected by the State of Florida.
(gg) Rooming house is any dwelling, or that part thereof
containing one or more rooming units, in which space is let to three or more
persons.
(hh) Rooming unit is any room or group as rooms forming
a single habitable unit used or intended to be used for living and sleeping, but not
for cooking or eating purposes.
(ii) Florida Building Code shall be the building code
amended and adopted pursuant to Chapter 553, Florida Statutes.
(jj) Special Master is the person appointed by the City
Commission as referred to in Code of Ordinances Chapter 30, Code
Enforcement, Article II, and intended to perform the duties described therein and
the duties prescribed herein.
(kk) Structure is that which is built or constructed or any
piece of work artificially built up or composed of parts joined together in some
[PAGE 52]
Commission Meeting-January 14, 2014 Page 52 of 107
definite manner, the use of which requires a permanent location on the ground,
or which is attached to something having a permanent location on the ground.
The term shall be construed as followed by the words "or part thereof."
(ll) Structurally sound shall mean that the condition of a
structure is such that it is free of imperfections and damage which could
adversely affect the intended use of the structure.
(mm) Supplied is installed, furnished, or provided by the
owner or operator at his expense.
(nn) Temporary housing shall mean any tent, trailer or
other structure used for human shelter which is designed to be transportable and
which is not permanently attached to the ground, to another structure, or to any
utilities system on the same premises for more than thirty (30) consecutive days.
(oo) Two-family dwelling is any dwelling containing two
dwelling units.
(pp) Yard is all ground, lawn, [court, walk,] driveway or
other open space constituting part of the same premises as a dwelling.
Sec. 50-34. Landlord registration of residential rental units required.
(a) No person shall lease a residential rental unit unless that person has
previously obtained from the City a Certificate for that unit.
(b) Within ninety (90) days after the effective date of this article, each person
that currently leases a residential rental unit to another person shall apply for a
Certificate, unless exempt from the provisions of this article. Beginning October 1, 2013,
and for each year thereafter, each person intending to lease a residential rental unit to
a lessee during any part of the following year shall first obtain a Certificate for that unit
prior to entering into any lease or renewal for the unit.
(c) Application for a Certificate for each residential rental unit shall be on a
form prescribed by the City, and shall include the legal name of the owner and landlord,
if different, direct mailing address, telephone number, twenty-four (24) hour emergency
telephone number, and if neither the owner nor the landlord maintains a residence or
place of business in Broward, Miami-Dade, or Palm Beach County, the name and
emergency contact information of a person with such a local residence or place of
business, who has been designated and authorized by the owner or landlord to cure
violations regarding or pertaining to the applicable property. A separate application shall
be made for each property bearing a separate property identification number issued by
the Broward County Property Appraiser's Office.
(d) Each application shall be accompanied by an annual fee in the amount of
Seventy-five Dollars ($75.00), which shall not be prorated.
[PAGE 53]
Commission Meeting-January 14, 2014 Page 53 of 107
(e) Within thirty (30) days after any change to the information provided in the
application, including a change in ownership, each person who has received a
Certificate shall inform the City in writing of the change.
(f) No Certificate shall be issued until an inspection by a Code Enforcement
Officer has been completed and the officer has determined that no material violation of
the requirements of this article exists on the property that is the subject of the
application. An inspection shall be completed, and a report of findings shall be filed, no
later than fifteen (15) business days after the City's receipt of a complete application.
The report shall include findings on whether the property is subject to outstanding code
violations or lot-clearing or nuisance abatement liens or bills. Failure to complete the
required inspection and file a report within the time prescribed shall result in a
determination that no material violations of this article exist on the property that is the
subject of the application.
(g) An inspection report finding violations of this article shall be subject to
appeal through the procedures set forth in this code.
(h) Pursuant to Section ___ of the City’s Code of Ordinances ("Code"), the
zoning official may initiate proceedings to revoke a Certificate if the property that is the
subject of the Certificate is in violation of the provisions of this article.
(i) Violations of this article may be enforced pursuant to Chapter 30 of the
Code, Chapter 162, Florida Statutes, or other appropriate legal action. The City is
entitled to recover all costs and expenses of enforcement, including attorney's and
paralegal fees, and such costs and expenses may be recorded as a lien against the
property that was the subject of the enforcement action, superior to all other liens and
mortgages, except for tax liens and mortgages recorded prior to the effective date of
this article.
Sec. 50-35. Standards.
Each property inspected pursuant to the application requested and each building
or unit offered for rent or lease or which is rented or leased and not otherwise exempt
shall meet the following standards established by the city in addition to and
supplemented by other requirements adopted by the city, in order to maintain property
values and improve the appearance of the city, as well as to provide for the health,
safety and welfare of the occupants of the property inspected:
(1) Exterior wall surfaces. Exterior wall surfaces shall be maintained in good
condition to prevent deterioration, and repainted or recovered when 25 percent or more
of any exposure becomes discolored or is peeling. Outside building walls shall not have
any holes or loose boards.
(2) Roofs and gutters. Roofs and gutters shall be maintained in good
condition to prevent water from leaking into the building structure. Painted roofs shall be
cleaned or repainted when 25 percent or more of any exposure becomes discolored by
mildew or is scaling. Gutters shall be uniformly secured to the building and maintained
to operate as designed.
[PAGE 54]
Commission Meeting-January 14, 2014 Page 54 of 107
(3) Windows and doors. All exterior windows and doors shall be maintained
weather-tight and in good operating condition to provide security.
(4) Fire safety. All legally required fire safety requirements shall be provided
and maintained.
(5) Interior building condition.
(a) Density or occupational load. No unauthorized alteration or repair
shall be allowed which increases the number of dwelling units or bedrooms for which
the building received its certificate of occupancy.
(b) Electrical wiring. Electrical wiring and appurtenances shall be
maintained according to the applicable codes and in a safe condition.
(c) Plumbing. All plumbing facilities shall be maintained in good
sanitary working condition free from leaks and obstructions.
(d) Heating and ventilation systems. Heating and ventilation systems
shall be maintained in good repair and working condition.
(e) Walls, ceilings and floors. Every wall, ceiling and floor shall be
vermin-proof and kept in good repair.
(f) Toilet areas and bathroom floors. Toilet areas and bathroom floors
shall be maintained so as to be impervious to water so as to allow the facility to be kept
clean and sanitary.
(g) Common corridors, stairways, entrances and exits. These facilities
shall be kept free from obstructions and fire hazards. Common entrances and stairways
shall be kept ventilated and provided with emergency lighting that is maintained in good
working condition. Handrails shall be installed in all stairways and on all balconies. Exits
shall be clearly marked and provided with emergency lighting where required by the
applicable code and be maintained in good working condition.
(h) Utility services. Every supplied utility which is required at the time of
certificate of occupancy shall be maintained in operational condition according to the
applicable code.
(6) Outside property condition.
(a) Off-street parking. The number of required off-street parking spaces
shall be maintained. Paving, striping, curbing, and wheel stops, as well as drainage
facilities, must be maintained. Paved areas must be repaired or replaced when any
deterioration occurs to the extent that the road rock or sub-base is exposed.
(b) Landscaping. All landscaping shall be maintained as required by
the applicable code.
(c) Garbage and refuse. Brush, weeds, broken glass, stumps, filth,
garbage, trash and debris shall not be permitted on the premises. Furthermore, each
[PAGE 55]
Commission Meeting-January 14, 2014 Page 55 of 107
residential living unit shall be provided with close-fitting solid waste storage equipment
or garbage containers which meet the requirements of the applicable code.
(d) Swimming pools and patios. Swimming pools and patios shall be
maintained in a clean, sanitary condition, free from debris, trash, garbage, or vegetation.
Screened enclosures and doors shall be intact and in good working condition.
(e) Stormwater runoff. All areas of the property shall provide drainage
capabilities and facilities to properly dispose of stormwater runoff in an approved
manner. Stormwater runoff shall not be disposed of onto or through other properties. All
drainage facilities shall be maintained in good working condition.
(f) Abandoned property. Abandoned property shall not be permitted to
remain on private property or open easements contiguous to private property.
(g) Personal property. Personal property shall be stored in either an
approved container or in some other type of enclosed facility.
Sec. 50-36. Inspections.
(1) The Enforcement Agency is hereby authorized and empowered to make
inspections of dwellings, dwelling units, hotels, rooming houses and all premises
adjacent to such structures, including vacant lots and commercial properties located
adjacent thereto in order to determine the physical condition of said premises.
(2) All Enforcement Officials are hereby authorized to enter, examine and
survey, all structures and premises for which minimum standards are established by this
Schedule at reasonable hours.
(3) In the event a person who has common authority over a structure or
premises regulated hereunder, shall not consent to an inspection, survey and
examination of said structure or premises, said person shall be given the opportunity to
reschedule such inspection, survey and examination for a time certain within ten (10)
days of the inspector's initial contact. Failure of the person exercising common authority
over said structure, or premises, to thereafter consent to an inspection, survey and
examination of the structure or premises, without just cause, shall be sufficient grounds
and probable cause for a court of competent jurisdiction to issue a search warrant for
the purpose of inspecting, surveying or examining said structure or premises.
(4) In the event a structure or premises appears to be abandoned or vacant
and the owner cannot be readily contacted in order to obtain consent to inspect, survey
and examine the structure or premises, then and in that event, the inspector may enter
upon any open, unsecured, or unlocked portion of the structure or premises in order to
conduct an inspection, survey and examination thereof.
(5) In the event it shall be deemed necessary for an Enforcement Official to
enter a secured or locked structure or premises which appears to be abandoned or
vacant and the owner cannot be readily contacted in order to obtain consent to inspect,
survey and examine the structure or premises, then in that event, the absence of the
owner and vacancy of the structure and premises shall be sufficient grounds and
[PAGE 56]
Commission Meeting-January 14, 2014 Page 56 of 107
probable cause for a court of competent jurisdiction to issue a search warrant for the
purpose of inspecting, examining and surveying the structure and premises.
(6) Enforcement Officials shall be provided with official identification and shall
exhibit such identification when making any inspection.
(7) All fees pertaining to such inspection shall be in accordance with a
schedule of fees adopted from time to time by the city commission pursuant to a
resolution.
SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith
are hereby repealed.
SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 5. INCLUSION IN CODE: It is the intention of the City Commission of
the City of Lauderdale Lakes that the provisions of this Ordinance shall become and be
made a part of the Code of Ordinances of the City of Lauderdale Lakes and that the
sections of this Ordinance may be renumbered or relettered and the word "Ordinance"
may be changed to "Chapter," "Section," "Article" or such other appropriate word or
phrase, the use of which shall accomplish the intentions herein expressed; provided,
however, that Section 1 hereof or the provisions contemplated thereby shall not be
codified.
SECTION 6. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING IN FULL/BY TITLE ONLY, UPON APPROVAL
OF AT LEAST FIVE (5) AFFIRMATIVE VOTES OF THE CITY COMMISSIONERS, ON
THE 26 DAY OF NOVEMBER, 2013.
[PAGE 57]
Commission Meeting-January 14, 2014 Page 57 of 107
PASSED ON SECOND READING BY TITLE ONLY THE 14TH DAY OF
JANUARY, 2014.
ADOPTED AND PASSED BY THE CITY COMMISSION OF THE CITY OF
LAUDERDALE LAKES AT ITS REGULAR MEETING HELD ON THE 14TH DAY OF
JANUARY, 2014.
___________________________________
BARRINGTON A. RUSSELL, SR., MAYOR
ATTEST:
_______________________________
LOLITA CODRINGTON, CITY CLERK
JCB:jla
Sponsored by: JONATHAN K. ALLEN, City Manager
VOTE:
Vice-Mayor Patricia Williams ____ (For) ____ (Against) ____ (Other)
Commissioner Edwina Coleman ____ (For) ____ (Against) ____ (Other)
Commissioner Eric Haynes ____ (For) ____ (Against) ____ (Other)
Commissioner Gloria Lewis ____ (For) ____ (Against) ____ (Other)
Commissioner Eileen Rathery ____ (For) ____ (Against) ____ (Other)
Commissioner Levoyd Williams ____ (For) ____ (Against) ____ (Other)
[PAGE 58]
Commission Meeting-January 14, 2014 Page 58 of 107
7. A
CITY OF LAUDERDALE LAKES
Agenda Cover Page
Workshop: Public Hearing Quasi-Judicial
Fiscal Impact: Yes No Ordinance Resolution
Contract Requirement: Yes No 1st Reading 2nd Reading
Title
ORDINANCE 2014-01 AMENDING THE FISCAL YEAR 2014 ADOPTED BUDGET FOR
THE SOLID WASTE / RECYCLING FUND; PROVIDING FOR REVISIONS OF
APPROPRIATION OF FUNDS FOR THE OPERATION OF THE GOVERNMENT OF THE
CITY OF LAUDERDALE LAKES FOR FISCAL YEAR 2014, AS IDENTIFIED ON EXHIBIT
“A,” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE.
Summary
In accordance with Ordinance 2013-27, City staff is recommending that the City Commission
amend the budget to provide for the appropriation of funds. This is the City's second budget
amendment for this fiscal year.
Staff Recommendation
Background:
In November 2013, the City adopted a balanced Fiscal Year 2014 Budget. Over the course of
the fiscal year, monthly financial statements have been provided informing the City Commission
of the City’s budget position and any anticipated budget amendments. This amendment is
necessary to reconcile budget funds, fund limited program modifications, and maintain a
balanced Fiscal Year 2014 Budget.
The purpose of this agenda item and ordinance is to reconcile the Solid Waste / Recycling Fund.
The Solid Waste / Recycling Fund expenditures will be allocated for the purpose of providing
funds to cover grant related costs for to the Recycling Grant. The grant is for personnel
expenses, promotional activities, and equipment for the Solid Waste / Recycling Fund. This is
the second year of the grant’s appropriation of which only $67, 324.48 is remaining.
The Solid Waste / Recycling Fund budget shall be amended to reflect the re-appropriation of
Fund Balance revenues, the receipts of grant revenues and corresponding expenditures. See the
attached Budget Amendment Sheet(s) for more information.
Upon final approval on second reading, staff will immediately and accurately update the City’s
financial system with the amended budget information. All budget amendments and the
[PAGE 59]
Commission Meeting-January 14, 2014 Page 59 of 107
adopting legislation will be provided to the City’s Auditor for the evaluation as a part of the
FY2014 Audit Process.
Staff recommends the approval of the ordinance for the proposed budget amendment on first
reading.
Funding Source:
See Exhibit “A” for more information
Appearance
(Names and Titles of Outside Individuals Only)
Sponsor Name/Department: Marie W. Elianor, Financial Services Director
Date: January 14, 2014
[PAGE 60]
Commission Meeting-January 14, 2014 Page 60 of 107
ORDINANCE NO. 2014-01
AN ORDINANCE AMENDING THE ADOPTED BUDGET FOR FISCAL
YEAR 2014; PROVIDING FOR REVISIONS TO THE BUDGET FOR THE
SOLID WASTE / RECYCLING FUNDS; PROVIDING FOR REVISIONS
OF THE APPROPRIATION OF FUNDS FOR THE OPERATION OF THE
GOVERNMENT OF THE CITY, AS IDENTIFIED ON EXHIBIT A,
ATTACHED HERETO; PROVIDING FOR A RECONCILIATION AND
MAINTENANCE OF A BALANCED BUDGET FOR FISCAL YEAR 2014;
PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING
ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, in September, 2013, the City Commission adopted a balancedFiscal
Year 2014 Budget, and
WHEREAS, to correct an error resulting from a mis-advertisement, the City
Commission readopted a balanced budget, after a public hearing in November, and
WHEREAS, it is necessary to reconcile the Solid Waste / Recycling Fund and to
reallocate certain proceeds of such Funds to specific purposes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF LAUDERDALE LAKES as follows:
SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
Clauses are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
SECTION 2. ADOPTION OF AMENDED BUDGET: The City Commission
hereby amends the adopted budget for Fiscal Year 2014, to provide for revisions of
appropriation of funds for the solid waste / recycling fund, as specifically set forth on
Exhibit A, attached hereto, and the City Commission hereby directs the City Manager to
take such action as shall be appropriate to incorporate the same in the budget, as
amended.
[PAGE 61]
Commission Meeting-January 14, 2014 Page 61 of 107
SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith
are hereby repealed.
SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 5. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING IN FULL/BY TITLE ONLY, UPON APPROVAL
OF AT LEAST FIVE (5) AFFIRMATIVE VOTES OF THE CITY COMMISSIONERS, ON
THE 14TH DAY OF JANUARY, 2014.
PASSED ON SECOND READING BY TITLE ONLY THE ______DAY OF
_______________, 2014.
ADOPTED AND PASSED BY THE CITY COMMISSION OF THE CITY OF
LAUDERDALE LAKES AT ITS REGULAR MEETING HELD ON THE _____DAY OF
_______________, 2014.
_____________________________________
BARRINGTON A. RUSSELL, SR., MAYOR
ATTEST:
__________________________________
LOLITA CODRINGTON, CITY CLERK
JCB:jla
Sponsored by: MARIE W. ELIANOR, Director of Financial Services
VOTE:
[PAGE 62]
Commission Meeting-January 14, 2014 Page 62 of 107
Vice-Mayor Eileen Rathery ____ (For) ____ (Against) ____ (Other)
Commissioner Edwina Coleman ____ (For) ____ (Against) ____ (Other)
Commissioner Eric Haynes ____ (For) ____ (Against) ____ (Other)
Commissioner Gloria Lewis ____ (For) ____ (Against) ____ (Other)
Commissioner Patricia Williams ____ (For) ____ (Against) ____ (Other)
Commissioner Levoyd Williams ____ (For) ____ (Against) ____ (Other)
[PAGE 63]
Commission Meeting-January 14, 2014 Page 63 of 107
[PAGE 64]
Commission Meeting-January 14, 2014 Page 64 of 107
9. A
CITY OF LAUDERDALE LAKES
Agenda Cover Page
Workshop: Public Hearing Quasi-Judicial
Fiscal Impact: Yes No Ordinance Resolution
Contract Requirement: Yes No 1st Reading 2nd Reading
Title
RESOLUTION 2013-164 SETTING FORTH THE CITY’S 2014 STATE LEGISLATIVE AND
APPROPRIATIONS PRIORITIES
Summary
City staff recommends adoption of the proposed 2014 State Legislative Agenda for the City of
Lauderdale Lakes. Upon review and adoption, the City of Lauderdale Lakes State Legislative
and Appropriation priorities will be forwarded to the City's State Lobbyists, Legislative
Delegation and other governmental entities for consideration.
Staff Recommendation
Background: Each year, the City of Lauderdale Lakes presents a Legislative Agenda which
outlines support/opposition of legislative bills and funding consideration for various projects.
The Legislative Agenda is then forwarded to the City’s State Lobbyist, Legislative Delegation
and other governmental entities to request support of the legislative/appropriation items.
This year, the Legislative Agenda serves to request funding for upcoming citywide projects and
support legislative bills that will positively impact the City’s residents and businesses.
Additionally, the Legislative Agenda includes legislative bills proposed by local, county, state
and national entities for various actions that will improve the health, safety and well-being of
individuals within the City of Lauderdale Lakes and surrounding areas. Attached is E xhibit A
which highlights the proposed 2014 State Legislative and Appropriation priorities for the City of
Lauderdale Lakes.
At the previous Commission Meeting, additional information was requested as it pertains to the
Internet Sales Tax Collection. Staff provided the requested background information. T he City
Commission is encouraged to review and adopt the proposed 2014 Legislative Agenda.
Funding Source: Not applicable
Appearance
(Names and Titles of Outside Individuals Only)
[PAGE 65]
Commission Meeting-January 14, 2014 Page 65 of 107
Sponsor Name/Department: Jonathan K. Allen, City Manager
Meeting Date: January 14, 2014
[PAGE 66]
Commission Meeting-January 14, 2014 Page 66 of 107
RESOLUTION NO. 2013-164
A RESOLUTION SETTING FORTH THE CITY’S 2014 STATE
LEGISLATIVE AND APPROPRIATIONS PRIORITIES;
PROVIDING INSTRUCTIONS TO THE CITY CLERK; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, every local government is affected by decisions at the Federal level,
and
WHEREAS, it is important to communicate local government’s concerns at the
Federal level, and
WHEREAS, the City Commission has reviewed and adopted various legislative
and appropriation priorities which require attention at the State level,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LAUDERDALE LAKES AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2. ESTABLISHMENT OF PRIORITIES: Those legislative and
appropriation items reflected upon Exhibit A, attached hereto, are hereby adopted as
the City of Lauderdale Lakes’ legislative and appropriation priorities at the State level,
and Ronald L. Book, PA and Becker & Poliakoff, PA are hereby authorized and directed
to make the same available to the executive and legislative bodies at the State level and
to do such things as it deems necessary and appropriate to promote the same.
Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
authorized and directed to provide copies of this Resolution to Ronald L. Book PA and
Becker & Poliakoff, the National League of Cities, the Florida League of Cities and the
Broward County League of Cities.
[PAGE 67]
Commission Meeting-January 14, 2014 Page 67 of 107
Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
ADOPTED BY THE CITY COMMISSION OF THE CITY OF LAUDERDALE
LAKES AT ITS REGULAR MEETING HELD JANUARY 14, 2014.
_____________________________________
BARRINGTON A. RUSSELL, SR., MAYOR
ATTEST:
__________________________________
LOLITA CODRINGTON, CITY CLERK
Sponsored by: JONATHAN ALLEN, City Manager
JCB:jla
VOTE:
Vice Mayor Eileen Rathery ____ (For) ____ (Against) ____ (Other)
Commissioner Edwina Coleman ____ (For) ____ (Against) ____ (Other)
Commissioner Eric Haynes ____ (For) ____ (Against) ____ (Other)
Commissioner Gloria Lewis ____ (For) ____ (Against) ____ (Other)
Commissioner Levoyd Williams ____ (For) ____ (Against) ____ (Other)
Commissioner Patricia Williams ____ (For) ____ (Against) ____ (Other)
[PAGE 68]
Commission Meeting-January 14, 2014 Page 68 of 107
EXHIBIT A
CITY OF LAUDERDALE LAKES
2014 STATE LEGISLATIVE AGENDA
PROPOSED/PENDING LEGISLATION (opposition)
Oppose legislation proposing the elimination of economic development related
initiatives, such as Enterprise Zone Programs which have served as a catalyst to
promote economic growth and job creation opportunities
Oppose legislation proposing the elimination of Chapter 205 of the Florida Statutes
which has been imposed for the cost of doing business in a municipality. Additionally,
such funds have been utilized to identify and address the needs of local businesses.
Currently, a municipality may impose a local business tax for the privilege of engaging in or
managing a business, profession or occupation within its jurisdiction. The amount of the tax, as
well as the occupations and businesses on which the tax is imposed, is determined by the local
government. Local business tax revenues collected by local governments are used to assist in
funding services critical to businesses, such as zoning, permitting, code enforcement, and police
and fire services. Local governments may also use business tax revenues to help fund economic
development programs, presenting a direct benefit to businesses through the marketing of local
areas
Oppose legislation that would mandate the use of a uniform chart of accounts for
all governmental entities without requiring uniformity in other areas. The
establishment of a uniform chart of accounts, without requiring uniformity in other
areas, such as in the basis of accounting and the accounting treatment of various
transactions, in and of itself, will not provide users with any meaningful
comparisons between organizations. Transparency and accountability of the use
of public funds to citizens and other stakeholders is paramount, but it must be
achieved while simultaneously limiting the burden to the reporting entities and
preserving the autonomy of each affected entity.
Oppose legislation aimed at limiting, dismantling or reducing funding for
Community Redevelopment Agencies
PROPOSED/PENDING LEGISLATION (support)
Community Development Block Grant Programs
[PAGE 69]
Commission Meeting-January 14, 2014 Page 69 of 107
The City of Lauderdale Lakes supports continued program funding of Community
Development Block Grants (CDBG) and HOME which are essential to protecting the
City’s housing stock, encouraging local economic development and stimulating growth.
Finance and Taxation
The City of Lauderdale Lakes supports legislation would allow for the collection of taxes from
sales made by remote means (e.g., internet and catalog). However, the City of Lauderdale Lakes,
in line with the GFOA opposes any efforts to include provisions in legislation that would limit
the amount of tax that local governments can collect on remote sales.
Economic Development
The City of Lauderdale Lakes supports funding to promote private sector job growth with
programs and activities that directly relate to economic development that are vital resources for
infrastructure and business development to alleviate conditions of unemployment and
underemployment in the City of Lauderdale Lakes. Also, the City of Lauderdale Lakes supports
continued funding of initiatives facilitated by Foreign Trade Zone, Enterprise Zone and
Brownfields Programs.
The City of Lauderdale Lakes supports state incentives and policies that promote business
growth and expansion and result in the creation of new jobs and capital investment. The City of
Lauderdale Lakes supports state investment in transportation infrastructure, such as roadways,
that improve our competitive position to attract business growth and investment.
Public Works and Infrastructure
The City of Lauderdale Lakes supports funding to meet critical infrastructure needs. Our
transportation systems, which are so critical to economic growth, continue to face major
challenges.
Parks and Recreational Initiatives
The City of Lauderdale Lakes supports art accessible to benefit the social, economic and cultural well-
being of our community. The City joins many cultural arts organizations in supporting funding for
municipal cultural arts programs.
In line with the FRPA, the City of Lauderdale Lakes supports measures that fund programs that
increase healthy lifestyles and physical activity.
PROJECT FUNDING CONSIDERATION
Community Development Block Grant (CDBG) Program (thru HUD)
Energy Efficiency and Conservation Block Grant Program
Law Enforcement Technology: Communication and Surveillance Equipment - $100,000
Public Safety and Emergency Response Infrastructure and Technology - $100,000
C-13 Canal Trail – Trailhead Facility - $150,000
Stormwater Improvements/Stabilization of Canal Banks - $750,000
Regional Food Hub - $500,000
[PAGE 70]
Commission Meeting-January 14, 2014 Page 70 of 107
9. B
CITY OF LAUDERDALE LAKES
Agenda Cover Page
Workshop: Public Hearing Quasi-Judicial
Fiscal Impact: Yes No Ordinance Resolution
Contract Requirement: Yes No 1st Reading 2nd Reading
Title
RESOLUTION NO. 2014 - 01 APPROVING VARIANCE NO. 05-VA-13 ON BEHALF OF
MERRELL UNITED METHODIST CHURCH, INC., REQUESTING A VARIANCE FROM
SECTION 909.2 OF THE CITY’S LAND DEVELOPMENT REGULATIONS TO ALLOW A
MONUMENT IDENTIFICATION SIGN TO VARY FROM THE HEIGHT, SETBACK,
MAXIMUM SQUARE FOOTAGE AND ILLUMINATION STANDARDS OF THE CODE
Summary
The proposed resolution would approve a proposed variance request from Merrell United
Methodist church to allow a proposed monument identification sign to vary from Section 909.2
of the Land Development Regulations.
Staff Recommendation
It is recommended that the City Commission approve the proposed variance request to allow a
proposed monument identification sign to vary from Section 909.2 of the Land Development
Regulations
Background:
On November 22, 2013, Merrell United Methodist Church submitted a request for a sign
variance to permit the construction of a 96 square-foot, 12-foot tall electronic monument
identification sign. Due to a difference in the elevation of the property and the adjacent State
Road 7 corridor, the proposed sign would be difficult to see. The variance is being requested to
allow better visibility of the proposed sign. The elevation difference may be the result of past
improvements by the Florida Department of Transportation (FDOT) that included a grade
elevation change for North State Road 7. The difference in elevation runs the length of the
subject property which not only hampers visibility to the church and its tenants from N SR7, but
also affects the traffic patterns into and out of the site.
Appearance
(Names and Titles of Outside Individuals Only)
David Shomers, Applicant Representative of Merrell United Methodist Church
Sponsor Name/Department: Danny A. Holmes, AICP, Public Works and Development services
Department
Meeting Date: January 14, 2014
[PAGE 71]
Commission Meeting-January 14, 2014 Page 71 of 107
CITY OF LAUDERDALE LAKES
Public Works & Development Services Department
INTEROFFICE MEMORANDUM
TO: Jonathan K. Allen, MPA DATE: January 3, 2014
City Manager
THRU: Danny A. Holmes, AICP
Public Works & Development
Services Director
FROM: Fernando Leiva, AICP RE: Proposed Resolution Approving a
Principal Planner Variance from Section 909.2 of the
City’s Land Development
Regulations to Allow a Monument
Identification Sign to Vary from the
Height, Setback, Maximum Square
Footage and Illumination Standards
of the Code on the Property Located
at 3900 North State Road 7 (05-VA-
13).
December 5, 2013 Special Planning & Zoning Board Meeting
January 14, 2014 City Commission Meeting Agenda
Recommendation
It is recommended that the City Commission approve the proposed variance request to allow a
proposed monument identification sign to vary from Section 909.2 of the Land Development
Regulations to:
1. Increase the maximum sign face area from 48 square feet to 96 square feet.
2. Increase the maximum sign height from 6 feet to 12 feet.
3. Reduce the minimum required setback from 10 feet to 6 feet.
4. Permit the construction of a sign with an electronic panel which accommodates
changeable messages when the sign code prohibits such signage.
THE REQUEST
[PAGE 72]
Commission Meeting-January 14, 2014 Page 72 of 107
The applicant, Merrell United Methodist Church, is requesting a variance from Section 909.2 of
the Land Development Regulations to permit a proposed monument identification sign to vary
from Section 909.2 of the Land Development Regulations (See Attachment #1).
BACKGROUND
APPLICANT Merrell United Methodist Church
ADDRESS OF PROPERTY: 3900 North State Road 7/US 441 (See Attachments #2 and
#3 for Location & Aerial Maps)
SIZE OF PROPERTY: 3.74 acres
SURROUNDING PROPERTIES
Zoning-
Subject Property: CF (Community Facilities)
Property to the North: B-2 (Community Business)
Property to the East: RS-3 Single-Family Residential)
Property to the South: CNS
B-2 (Community Business)
Property to the West: CF (Community Facilities)
Existing Land Use –
Subject Property: House of Worship
Property to the North: Vacant
Property to the East: Single-Family Residential
Property to the South: Drainage Canal
Funeral Home
Property to the West: Primary School
Future Land Use – According to the City of Lauderdale Lakes Comprehensive Plan, the
following properties are currently designated as follows:
Subject Property: Commercial
Property to the North: Commercial
Property to the East: Single Family (5) Residential
Property to the South: Water Bodies
Commercial
Property to the West: Community Facilities
The Site - The site is located at 3900 North State Road 7/US 441, just north of the C-13 drainage
canal. It is currently developed as a house of worship, thrift store and day care. The site includes
three vehicular access points; two main entrances located along the western boundary adjacent to
North State Road 7 and another at the NW 39t h Avenue entrance along the east property line. An
aerial of the site is attached in Attachment #3.
[PAGE 73]
Commission Meeting-January 14, 2014 Page 73 of 107
The Project – On November 22, 2013, Merrell United Methodist Church submitted a request for
a sign variance to permit the construction of a 96 square-foot, 12-foot tall electronic monument
identification sign. Due to a difference in the elevation of the property and the adjacent State
Road 7 corridor, the proposed sign would be difficult to see. The variance is being requested to
allow better visibility of the proposed sign. The elevation difference may be the result of past
improvements by the Florida Department of Transportation (FDOT) that included a grade
elevation change for North State Road 7. The difference in elevation runs the length of the
subject property which not only hampers visibility to the church and its tenants from N SR7, but
also affects the traffic patterns into and out of the site.
Citizen Comments – The Public Works & Development Services Department has received no
written citizen comments to date.
Planning & Zoning Board Recommendation – At its December 5, 2013 meeting, the Planning
and Zoning Board voted to approve the proposed variance request by a vote of 3 - 0.
ANALYSIS OF THE REQUEST
Criteria
The criteria for approval of variances set out in Section 506.7 of the City of Lauderdale Lakes
Land Development Regulations is as follows:
Standards of review. A variance shall be granted only where competent and substantial evidence
presented in the particular case shows that all of the following are met:
(a) The particular physical surroundings, shape, topographical condition, or other
physical o r environmental condition of the specific property involved would result
in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
As noted previously, the subject property is located adjacent to the elevated
North State Road 7. The parking lot sits approximately 4 feet below the
crown level of adjacent North State Road 7. This roadway condition has
created circumstances which are particular to the property and do not apply
generally to other adjacent buildings to the north within the B-2 Zoning
District. Strict application of LDRs 909.2 related to the maximum sign face
and maximum sign height, given the existing conditions on the property,
would deny the applicant a reasonable use of the property and to
communicate by sign.
[PAGE 74]
Commission Meeting-January 14, 2014 Page 74 of 107
(b) The conditions upon which the request for a variance is based are unique to the
parcel and would not be generally applicable to other property within the vicinity.
Staff finds that the conditions which the request for a variance relies upon
are unique to the parcel and would not be generally applicable to other
property within the vicinity.
(c) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure which is not otherwise
consistent with the LDR, and the applicant has not come to the condition, but
it has been cast upon the applicant.
The conditions of the site are unique and have been cast upon the applicant. The
variance is not necessary for reasonable use of the land.
(d) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance from Subsection 909.2 to allow a 96 square-foot sign
face area, 12-foot tall monument electronic s ign with a reduced setback would not
be injurious to other property or otherwise detrimental to the public welfare.
(e) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
At 96 square feet (8 feet wide by 12 feet tall), the sign proposed for the North
State Road 7 entrance is similar in size to other monument signs in the
immediate area. This review criterion is met.
Community Development Department Analysis – Staff has reviewed the subject variance
request and finds it to be generally consistent with the City’s variance criteria. Specifically, staff
finds that the difference in elevation between the subject parcel and the adjacent State Road 7/US
441 corridor constitutes a h ardship that has not been self created. Based upon the above, staff
recommends approval of the subject variance request.
ATTACHMENTS
1. Applicant Letter of Request
2. Location map
3. Aerial Photograph of Property
[PAGE 75]
Commission Meeting-January 14, 2014 Page 75 of 107
[PAGE 76]
Commission Meeting-January 14, 2014 Page 76 of 107
[PAGE 77]
Commission Meeting-January 14, 2014 Page 77 of 107
[PAGE 78]
Commission Meeting-January 14, 2014 Page 78 of 107
[PAGE 79]
Commission Meeting-January 14, 2014 Page 79 of 107
RESOLUTION NO. 2014-01
A RESOLUTION APPROVING VARIANCE NO. 05-VA-13 ON
BEHALF OF MERRELL UNITED METHODIST CHURCH, INC.,
REQUESTING A VARIANCE FROM SECTION 909.2 OF THE
CITY’S LAND DEVELOPMENT REGULATIONS TO ALLOW A
MONUMENT IDENTIFICATION SIGN TO VARY FROM THE
HEIGHT, SETBACK, MAXIMUM SQUARE FOOTAGE AND
ILLUMINATION STANDARDS OF THE CODE, ON THE
PROPERTY LOCATED AT 3900 NORTH STATE ROAD 7/US
441; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Merrell United Methodist Church has requested a variance from
Section 909.2 of the City’s Land Development Regulations to allow a monument
identification sign to increase the sign face area from 48 square feet to 96 square feet,
increase the sign height from 6 feet to 12 feet, reduce the setback from 10 feet to 6 feet,
and to permit the sign to include an electronic panel which will accommodate
changeable messages, on the property located 3900 North State Road 7/US 441, and
WHEREAS, due to a difference in the elevation of the property and the adjacent
State Road 7 corridor, the existing sign is difficult to see as a result of past
improvements by the Florida Department of Transportation that included a grade
elevation change on North State Road 7, and
WHEREAS, the sign proposed for the North State Road 7 entrance is similar in
size to other monument signs in the immediate area, and
WHEREAS, the application was reviewed by the Planning and Zoning Board at
its meeting of December 5, 2013, and the Board recommended approval by a 3-0 vote,
and
WHEREAS, staff, having applied the requisite criteria, has recommended
approval of the variance request,
[PAGE 80]
Commission Meeting-January 14, 2014 Page 80 of 107
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LAUDERDALE LAKES AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2. APPROVAL: The City Commission of the City of Lauderdale Lakes
hereby approves Variance Application 05-VA-13, filed by Merrell United Methodist
Church, Inc., for a variance from Section 909.2 of the City’s Land Development
Regulations to allow a monument identification sign to increase the sign face area from
48 square feet to 96 square feet, increase the sign height from 6 feet to 12 feet, reduce
the setback from 10 feet to 6 feet, and to permit the sign to include an electronic panel
which will accommodate changeable messages, on the property located at 3900 North
State Road 7/US 441.
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
ADOPTED BY THE CITY COMMISSION OF THE CITY OF LAUDERDALE LAKES
AT ITS REGULAR MEETING HELD JANUARY 14, 2014.
___________________________________
BARRINGTON A. RUSSELL, SR., MAYOR
ATTEST:
_______________________________
LOLITA CODRINGTON, CITY CLERK
JCB:jla
Sponsored by: DANNY A. HOLMES, Director of Public Works and Development Services
[PAGE 81]
Commission Meeting-January 14, 2014 Page 81 of 107
VOTE:
Vice-Mayor Eileen Rathery ____ (For) ____ (Against) ____ (Other)
Commissioner Edwina Coleman ____ (For) ____ (Against) ____ (Other)
Commissioner Eric Haynes ____ (For) ____ (Against) ____ (Other)
Commissioner Gloria Lewis ____ (For) ____ (Against) ____ (Other)
Commissioner Levoyd Williams ____ (For) ____ (Against) ____ (Other)
Commissioner Patricia Williams ____ (For) ____ (Against) ____ (Other)
[PAGE 82]
Commission Meeting-January 14, 2014 Page 82 of 107
9. C
CITY OF LAUDERDALE LAKES
Agenda Cover Page
Workshop: Public Hearing Quasi-Judicial
Fiscal Impact: Yes No Ordinance Resolution
Contract Requirement: Yes No 1st Reading 2nd Reading
Title
RESOLUTION 2014-02 APPROVING CONDITIONAL USE APPLICATION NO. 04-CU-13
SUBMITTED BY WEST WAY TOWING, INC., TO PERMIT A BIO-DIESEL PROCESSING
FACILITY ON A PARCEL OF LAND LOCATED AT 3681-3685 WEST OAKLAND PARK
BOULEVARD
Summary
The proposed resolution would approve a proposed conditional use request to permit a bio-diesel
processing facility on a parcel of land located at 3681-85 West Oakland Park Boulevard.
Staff Recommendation
It is recommended that the City Commission approve the proposed conditional use request to
permit a bio-diesel processing facility on a parcel of land located at 3681-85 West Oakland Park
Boulevard.
Background:
The applicant, Craig Goldstein, is seeking conditional use approval to establish a bio-diesel
processing facility. The subject site is located at 3681-85 West Oakland Park Boulevard. It
comprises approximately 5.04 acres and is located on the north side of West Oakland Park
Boulevard between NW 36 Terrace and North State Road 7/US 441 (See Attachment 3). The
property, which currently serves as a towing center and auto body repair shop, is zoned TC and
has a Commercial land use designation. Pursuant to Section 704.4.4, bio-diesel processing
facilities are to subject conditional use approval.
Staff has reviewed the subject request consistent with the procedures set forth under Section 503
of the Land Development Regulations and the conditions set forth under Section 704.4.2 of the
Land Development Regulations. Based upon that analysis, staff finds the proposed use to be
consistent with the aforementioned Code sections and recommends appr oval of the subject
request.
Appearance
(Names and Titles of Outside Individuals Only)
Craig Goldstein, Owner Westway Towing, Inc.
Sponsor Name/Department: Danny A. Holmes, AICP, Public Works and Development services
Department
[PAGE 83]
Commission Meeting-January 14, 2014 Page 83 of 107
Meeting Date: January 14, 2014
[PAGE 84]
Commission Meeting-January 14, 2014 Page 84 of 107
CITY OF LAUDERDALE LAKES
Public Works & Development Services Department
INTEROFFICE MEMORANDUM
TO: Jonathan K. Allen, MPA DATE: January 2, 2014
City Manager
FROM: Danny A. Holmes, AICP RE: Request of Westway Towing, Inc.
Public Works & Development for Conditional Use Approval to
Services Director Establish a Bio-Diesel Processing
Facility within the Town Center, TC
Zoning District (04-CU-13).
December 5, 2013 Special Planning & Zoning Board Meeting, Agenda Item IV.C
January 14, 2014 City Commission Meeting
RECOMMENDATION
It is recommended that the City Commission approve the proposed conditional use request to
permit a bio-diesel processing facility on a parcel of land located at 3681-85 West Oakland Park
Boulevard.
THE REQUEST
Craig Goldstein, owner of the Westway Towing and WreckAmended Collision Center, is
requesting Conditional Use approval to establish a bio-diesel processing facility within the Town
Center, TC Zoning District on a parcel of land located at 3681-85 West Oakland Park Boulevard
(See Attachment 1 for Letter of Intent).
BACKGROUND
OWNER OF PROPERTY: Craig Goldstein
Sean’s Land, Inc.
3685 West Oakland Park Boulevard
Lauderdale Lakes, FL 33311
APPLICANT Craig Goldstein
ADDRESS OF PROPERTY: 3681-85 West Oakland Park Boulevard (See Attachment #2
for Location Map and Attachment #3 for Aerial
Photograph)
SIZE OF PROPERTY: 5.04 Acres
[PAGE 85]
Commission Meeting-January 14, 2014 Page 85 of 107
LEGAL DESCRIPTION Portion of Parcel B of the First Federal Lauderdale Lakes
Plat, as Recorded in Plat Book 99, Page 35 of the Public
Records of Broward County, Florida.
SURROUNDING PROPERTIES
Zoning-
Subject Property: TC – Town Center
Property to the North: RS-3 –Residential Single-Family
Property to the East: RS-3 –Residential Single-Family
Property to the South: TC – Town Center
Property to the West: U - Utility
Existing Land Use –
Subject Property: Towing Center/Auto Body Repair
Property to the North: Single-Family
Property to the East: Single-Family
Property to the South: Vacant Land
Property to the West: Electrical Substation/Vacant Land
Future Land Use – According to the City of Lauderdale Lakes Comprehensive Plan, the
following properties are currently designated as follows:
Subject Property: Commercial
Property to the North: Single-Family Residential
Property to the East: Single-Family Residential
Property to the South: Town Center
Property to the West: Utility
The Site - The subject site is located at 3681-85 West Oakland Park Boulevard. It comprises
approximately 5.04 acres and is located on the north side of West Oakland Park Boulevard
between NW 36 Terrace and North State Road 7/US 441 (See Attachment 3). The property,
which currently serves as a towing center and auto body repair shop, is zoned TC and has a
Commercial land use designation.
The Project – The applicant, Craig Goldstein, is seeking conditional use approval to establish a
bio-diesel processing facility.
Background – The subject site is currently developed as a t owing center and auto body repair
shop . The property is zoned Town Center, TC and the Land Use is Commercial. Per Land
Development Regulation Section 704.4.2, bio-diesel processing facilities are required to obtain
conditional use approval. Land Development Regulations Section 503.1 provides the purpose
for a Conditional Use as follows:
[PAGE 86]
Commission Meeting-January 14, 2014 Page 86 of 107
“503.1. Conditional uses are generally compatible with other land uses permitted in a zoning
district, but, because of their unique characteristics or potential impacts on the surrounding
neighborhood and the City as a whole, require individual review as to location, design,
configuration, and/or operation for the particular use at the particular location proposed, as well
as the imposition of individual conditions in order to ensure that the use is compatible with the
surrounding neighborhoods and appropriate at a particular location.
ANALYSIS OF THE REQUEST
Criteria
The guidelines for approval of conditional uses as required by Section 503.3 of the City’s Land
Development Regulations states:
(a) The proposed use shall be consistent with the Comprehensive Plan;
The proposed bio-diesel processing facility is generally consistent with the Lauderdale
Lakes Comprehensive Plan.
(b) The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety, or general welfare;
The proposed bio-diesel processing facility will not be detrimental to the public health,
safety or general welfare.
(c) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use;
The proposed bio-diesel processing facility w ill have no impact on the community
character of the immediate neighborhood, as the processing tanks will be required to be
contained within a minimum six (6) foot high fence/wall or within a completely enclosed
building.
(d) Utilities, roadway capacity, drainage, and other necessary public facilities,
including police, fire and emergency services, shall exist at the City's adopted levels of
service, or will be available concurrent with demand as provided for in the requirements
of theses LDRs;
Utilities, roadway capacity, drainage, and other necessary public facilities including
police, fire, and emergency services exist at the City’s adopted levels of service.
(e) Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets;
[PAGE 87]
Commission Meeting-January 14, 2014 Page 87 of 107
Adequate measures have been taken to provide ingress and egress to the proposed use in
a manner that minimizes traffic congestion in the public streets. In addition, the site
provides adequate parking for the proposed use.
(f) The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district; and
The establishment of the bio-diesel processing facility will not impede development of
surrounding properties.
(g) The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The proposed bio-diesel processing facility will have no adverse effects on surrounding
properties.
(h) The City Commission finds that the granting of the application will be in the best
interest of the City.
The proposed use will be scheduled for public hearing before the City Commission
following review and recommendation for action by the Planning & Zoning Board.
Consistency with Comprehensive Master Plan – The request is generally consistent with the
City of Lauderdale Lakes Comprehensive Plan.
Citizen Comments – The Public Works & Development Services Department has received no
written citizen comments to date.
Planning & Zoning Board Recommendation – A t its December 5, 2013 meeting, the Planning
and Zoning Board voted to recommend approval of the proposed conditional use request by a
vote of 3 – 0.
Public Works & Development Services Department Analysis – The applicant is proposing to
establish a bio-diesel processing facility. Pursuant to Section 704.4.4, bio-diesel processing
facilities are to subject conditional use approval. In addition, bio-diesel processing facilities are
subject to the following conditions:
1. Tanks and equipment must be stored either within a completely enclosed building
or stored in an area surrounded by solid walls at least six feet high.
2. Facility may not serve as a bio-diesel fuel service station.
[PAGE 88]
Commission Meeting-January 14, 2014 Page 88 of 107
3. Tanks shall be located at least 200 feet from any “R” zoned lands.
Staff has reviewed the subject request consistent with the procedures set forth under Section 503
of the Land Development Regulations and the conditions set forth under Section 704.4.2 of the
Land Development Regulations. Based upon that analysis, staff finds the proposed use to be
consistent with the aforementioned Code sections and recommends approval of the subject
request.
ATTACHMENTS
Location Map
Aerial Photograph
PROPOSED RESOLUTION WOULD APPROVE A PROPOSED CONDITIONAL USE
REQUEST TO PERMIT A BIO-DIESEL PROCESSING FACILITY ON A PARCEL OF
LAND LOCATED AT 3681-85 WEST OAKLAND PARK BOULEVARD.
[PAGE 89]
Commission Meeting-January 14, 2014 Page 89 of 107
[PAGE 90]
Commission Meeting-January 14, 2014 Page 90 of 107
[PAGE 91]
Commission Meeting-January 14, 2014 Page 91 of 107
RESOLUTION NO. 2014-02
A RESOLUTION APPROVING CONDITIONAL USE
APPLICATION NO. 04-CU-13 SUBMITTED BY WEST WAY
TOWING, INC., TO PERMIT A BIO-DIESEL PROCESSING
FACILITY ON A PARCEL OF LAND LOCATED AT 3681-3685
WEST OAKLAND PARK BOULEVARD; PROVIDING FOR
CONDITIONS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, West Way Towing, Inc. has requested a conditional use approval to
permit a bio-diesel processing facility on a parcel of land located at 33681-3685 West
Oakland Park Boulevard, and
WHEREAS, the applicable site is approximately 5.04 acres in area, located on
the north side of Oakland Park Boulevard, between Northwest 36th Terrace and North
State Road 7/U.S. 441, and
WHEREAS, the original development of the site was to serve as a towing center
and auto repair shop and is zoned TC and has a commercial land use designation, and
WHEREAS, pursuant to Section 704.4.4, bio-diesel processing facilities are
subject to conditional use approval, and
WHEREAS, the City staff has reviewed the request and the procedures set forth
under Section 503 of the Land Development Regulations and the conditions set forth
under Section 704.4.2 of the Land Development Regulations, and based upon that
analysis, staff finds the proposed used to be consistent with Code and recommends
approval of the subject request,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LAUDERDALE LAKES AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
[PAGE 92]
Commission Meeting-January 14, 2014 Page 92 of 107
Section 2. APPROVAL: The conditional use application No. 04-CU-13
submitted by West Way Towing, Inc., to permit a bio-diesel processing facility on a
parcel of land located at 3681-3685 West Oakland Park Boulevard is approved, subject
to the following conditions and limitations:
1. Tanks and equipment must be stored either within a completely
enclosed building or stored in an area surrounded by solid walls at
least six feet high;
2. Facility may not serve as a bio-diesel fuel service station, and
3. Tanks shall be located at least 200 feet from any “R” zoned lands.
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
ADOPTED BY THE CITY COMMISSION OF THE CITY OF LAUDERDALE
LAKES AT ITS REGULAR MEETING HELD JANUARY 14, 2014.
_____________________________________
BARRINGTON A. RUSSELL, SR., MAYOR
ATTEST:
__________________________________
LOLITA CODRINGTON, CITY CLERK
JCB:jla
Sponsored by: DANNY A. HOLMES, Director of Public Works and Development Services
VOTE:
Vice-Mayor Eileen Rathery ____ (For) ____ (Against) ____ (Other)
Commissioner Edwina Coleman ____ (For) ____ (Against) ____ (Other)
Commissioner Eric Haynes ____ (For) ____ (Against) ____ (Other)
Commissioner Gloria Lewis ____ (For) ____ (Against) ____ (Other)
Commissioner Levoyd Williams ____ (For) ____ (Against) ____ (Other)
Commissioner Patricia Williams ____ (For) ____ (Against) ____ (Other)
[PAGE 93]
Commission Meeting-January 14, 2014 Page 93 of 107
9. D
CITY OF LAUDERDALE LAKES
Agenda Cover Page
Workshop: Public Hearing Quasi-Judicial
Fiscal Impact: Yes No Ordinance Resolution
Contract Requirement: Yes No 1st Reading 2nd Reading
Title
RESOLUTION 2014-03 APPROVING THE USE OF LAW ENFORCEMENT TRUST FUNDS
IN THE AMOUNT OF TEN THOUSAND ($10,000) DOLLARS, TO FUND THE BROWARD
SHERIFF’S OFFICE PURCHASE OF CERTAIN EQUIPMENT
Summary
This resolution would authorize use of Law Enforcement Trust Funds in an amount not to exceed
$10,000 to fund the purchase of additional equipment and to purchase workstation furniture for
the emergency operations center to enhance law enforcement's investigative ability and physical
fitness for our deputies.
Staff Recommendation
The requested equipment will enhance the deputies’ ability to deliver superior law enforcement
service to the residents of Lauderdale Lakes. Recommend approval of the Resolution.
The equipment to be purchased will be additional exercise equipment and workstation furniture
to be located at the emergency operations center.
Background:
Previously, the Broward Sheriff’s Office (BSO) has a strong and continuous presence at the City
Hall. At the present time the Broward Sheriff’s Office presence is limited to a Community
Service Aide.
In an effort to enhance BSO Deputy presence at the City Hall; to establish a permanent outreach
site and to enhance Community Policing initiatives and crime prevention; the City purchased a
four position workstation specifically dedicated for BSO Command Staff and BSO Deputies.
The BSO workstation will be a location where BSO Deputies could perform essential BSO
policing duties and investigative work as well as law enforcement and City residents can meet
frequently to bond and work on policing matters affecting the Lauderdale Lakes community.
Funding Source: Law Enforcement Trust Fund
Appearance
(Names and Titles of Outside Individuals Only)
[PAGE 94]
Commission Meeting-January 14, 2014 Page 94 of 107
Sponsor Name/Department: Chief Andrew Dunbar, Broward Sheriff’s Office
Meeting Date: January 14, 2014
[PAGE 95]
Commission Meeting-January 14, 2014 Page 95 of 107
RESOLUTION NO. 2014-03
A RESOLUTION APPROVING THE USE OF LAW ENFORCEMENT
TRUST FUNDS IN AN AGGREGATE AMOUNT NOT TO EXCEED
TEN THOUSAND ($10,000.00) DOLLARS, TO REIMBURSE THE
CITY FOR THE COST OF THE PREVIOUS ACQUISITION OF A
FOUR-POSITION WORKSTATION IN THE AMOUNT OF TWO
THOUSAND NINE HUNDRED TWENTY-TWO AND 66/100
($2,922.66) DOLLARS, AS WELL AS TO PURCHASE AN
ADDITIONAL PIECE OF FITNESS EQUIPMENT IN THE AMOUNT
OF SEVEN THOUSAND THIRTY-THREE AND 34/100 ($7,033.34)
DOLLARS, TO BE USED AT THE EMERGENCY OPERATIONS
CENTER BY LAW ENFORCEMENT PERSONNEL SERVING THE
LAUDERDALE LAKES COMMUNITY; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to Resolution No. 2013-166, the City approved the use of Law
Enforcement Trust Funds (“LETF”) in the amount of Thirteen Thousand One Hundred
Ninety and 48/100 ($13,190.48) Dollars, to fund the Broward Sheriff’s Office’s (“BSO”)
purchase of certain equipment to enhance law enforcement investigation abilities and
fitness among the deputies and officers serving the Lauderdale Lakes community, and
WHEREAS, at the time of the implementation of the authority granted under
Resolution No. 2013-166, it was efficient to purchase a four-position workstation specifically
dedicated to be used by BSO Deputies in performing BSO’s policing, administrative, and
investigative duties and enhancing BSO’s community policing efforts at the City Hall site in
the amount of Two Thousand Nine Hundred Twenty-Two and 66/100 ($2,922.66) Dollars,
through the City’s General Fund, and
WHEREAS, upon audit, it appears that LETF has adequate monies to reimburse the
City for the purchase of the four-position work station specifically intended to enhance
BSO’s community policing and community outreach and crime prevention efforts at City Hall
similar to the LETF funded Community Outreach Center in the City, and
WHEREAS, in the meantime, BSO and City Officials have requested that the City
purchase an additional Cardio Training Machine and Other Fitness Equipment for the
[PAGE 96]
Commission Meeting-January 14, 2014 Page 96 of 107
Fitness Room located in the New Emergency Operations Center in an amount not to
exceed Seven Thousand Thirty-Three and 34/100 ($7,033.34) Dollars, and
WHEREAS, it is appropriate to reimburse the City for the purchase of the four-
position work station in order to facilitate BSO’s crime prevention ability, because the
proximity of such work station will add to BSO’s service-deliverance efficiencies, and
WHEREAS, it is appropriate to employ LETF to facilitate the physical conditioning
and good health of the police services providers in a location proximate to the point of
delivery of services, which will increase BSO efficiencies, and
WHEREAS, the City staff has reviewed the request for the allocation of LETF and
has determined that it would be prudent to expend up to Ten Thousand ($10,000.00)
Dollars of such Fund for the purposes described herein,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF LAUDERDALE LAKES AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby made
a specific part of this Resolution.
Section 2. AUTHORIZATION: The City Commission hereby authorizes the use
of Law Enforcement Trust Funds in the aggregate amount not to exceed Ten Thousand
($10,000.00) Dollars, to reimburse the City for the purchase of a four-position workstation,
in the amount of Two Thousand Nine Hundred Twenty-Two and 66/100 ($2,922.66) Dollars,
and to fund the purchase of additional fitness equipment described as a Cardio Training
Machine and Other Fitness Equipment, in the amount of Seven Thousand Thirty-Three and
34/100 ($7,033.34) Dollars, in order to further enhance law enforcement’s efforts to
maintain a modern Fitness Room at the New Emergency Operations Center for law
enforcement personnel and others providing valuable services to the City.
[PAGE 97]
Commission Meeting-January 14, 2014 Page 97 of 107
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
ADOPTED BY THE CITY COMMISSION OF THE CITY OF LAUDERDALE LAKES
AT ITS REGULAR MEETING HELD JANUARY 14, 2014.
_____________________________________
BARRINGTON A. RUSSELL, SR., MAYOR
ATTEST:
__________________________________
LOLITA CODRINGTON, CITY CLERK
JCB:jla
Sponsored by: CHIEF ANDREW DUNBAR
VOTE:
Vice-Mayor Eileen Rathery ____ (For) ____ (Against) ____ (Other)
Commissioner Edwina Coleman ____ (For) ____ (Against) ____ (Other)
Commissioner Eric Haynes ____ (For) ____ (Against) ____ (Other)
Commissioner Gloria Lewis ____ (For) ____ (Against) ____ (Other)
Commissioner Levoyd Williams ____ (For) ____ (Against) ____ (Other)
Commissioner Patricia Williams ____ (For) ____ (Against) ____ (Other)
[PAGE 98]
Commission Meeting-January 14, 2014 Page 98 of 107
9. E
CITY OF LAUDERDALE LAKES
Agenda Cover Page
Workshop: Public Hearing Quasi-Judicial
Fiscal Impact: Yes No Ordinance Resolution
Contract Requirement: Yes No 1st Reading 2nd Reading
Title
RESOLUTION 2014-04 RATIFYING THE CITY MANAGER'S FILING OF THE CITY
FISCAL YEAR 2014 NOVEMBER (PERIOD 2) FINANCIAL ACTIVITY REPORT AS
PREPARED BY THE DEPARTMENT OF FINANCIAL SERVICES FOR THE PURPOSE OF
CONFORMING WITH THE CITY'S ADOPTED FINANCIAL INTEGRITY PRINCIPLE AND
FISCAL POLICY.
Summary
This resolution serves to ratify the filing and presentation of City Fiscal Year 2014 November
(Period 2) - Financial Activity Report provided by the Financial Services Department.
Staff Recommendation
Staff recommends the City Commission accept the filing of the City Fiscal Year 2014 November
(Period 2) – Financial Activity Report.
Background:
Purpose:
The intended purpose of this agenda item is to provide for the Financial
Reporting as required under Ordinance No. 2011-22;
Section 82-304 – Financial Reporting
The city shall provide for the on(cid:31)going generation and utilization of financial
reports on all funds comparing budgeted revenue and expenditure
information to actual on a monthly and year-to-date basis. The Financial
Services Department shall be responsible for issuing the monthly reports
to departments, the Mayor and City Commission, and provide any
information regarding any potentially adverse trends or conditions. These
reports should be issued within thirty (30) days after the close of each
month. The annual external audit of the city shall be prepared and
presented to the Mayor and City Commission within six and one half
months (one hundred ninety-five (195) days) of the close of each fiscal
year and within six months (one hundred eighty (180) days) of the close of
each subsequent financial year.
Financial Report Summary:
[PAGE 99]
Commission Meeting-January 14, 2014 Page 99 of 107
Citywide Budget Information from the City Fiscal Year 2014 November (Period 2) Financial
Activity Report (17% of year elapsed) as follows:
FUND REVENUES % EXPENSES %
Citywide 7% 8%
001 General Fund 8% 9%
101 Fire Rescue Fund 8% 7%
401 Stormwater Fund 6% 5%
403 Solid Waste/Recycling Fund 5% 2%
405 Building Services Fund 29% 11%
109 CRA Fund 0% 16%
Funding Source: Not Applicable.
Appearance
(Names and Titles of Outside Individuals Only)
Sponsor Name/Department: Marie W. Elianor, Financial Services Director
Meeting Date: January 14, 2014
[PAGE 100]
Commission Meeting-January 14, 2014 Page 100 of 107
RESOLUTION NO. 2014-04
A RESOLUTION RATIFYING THE CITY MANAGER’S FILING OF
THE CITY’S FISCAL YEAR 2014, PERIOD 2 (NOVEMBER),
FINANCIAL ACTIVITY REPORT, AS PREPARED BY THE
DEPARTMENT OF FINANCIAL SERVICES, FOR THE PURPOSE
OF CONFORMING TO THE CITY’S ADOPTED FINANCIAL
INTEGRITY PRINCIPLES AND FISCAL POLICIES; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Manager’s Office has recommended, and the City
Commission has accepted such recommendation, that the affairs of the City should be
conducted in a manner which is open and transparent, and
WHEREAS, pursuant to Section 82-304, the Financial Services Department is to
report to the Mayor and City Commission on the financial affairs of the City, and
WHEREAS, the City Manager has adopted a policy of making such reports on a
monthly basis and seeking the acceptance of the City Commission thereof,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LAUDERDALE LAKES AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2. RATIFICATION: The City Commission hereby ratifies the City
Manager’s filing of the City Fiscal Year 2014, Period 2 (November) Financial Activity
Report, as prepared by the Department of Financial Services for the purpose of
conforming with the City’s Adopted Financial Integrity Principles and Fiscal Policies.
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
[PAGE 101]
Commission Meeting-January 14, 2014 Page 101 of 107
ADOPTED BY THE CITY COMMISSION OF THE CITY OF LAUDERDALE
LAKES AT ITS REGULAR MEETING HELD JANUARY 14, 2014.
___________________________________
BARRINGTON A. RUSSELL, SR., MAYOR
ATTEST:
_______________________________
LOLITA CODRINGTON, CITY CLERK
JCB:jla
Sponsored by: MARIE W. ELIANOR, Financial Services Director
VOTE:
Vice-Mayor Eileen Rathery ____ (For) ____ (Against) ____ (Other)
Commissioner Edwina Coleman ____ (For) ____ (Against) ____ (Other)
Commissioner Eric Haynes ____ (For) ____ (Against) ____ (Other)
Commissioner Gloria Lewis ____ (For) ____ (Against) ____ (Other)
Commissioner Patricia Williams ____ (For) ____ (Against) ____ (Other)
Commissioner Levoyd Williams ____ (For) ____ (Against) ____ (Other)
[PAGE 102]
Commission Meeting-January 14, 2014 Page 102 of 107
[PAGE 103]
Commission Meeting-January 14, 2014 Page 103 of 107
9. F
CITY OF LAUDERDALE LAKES
Agenda Cover Page
Workshop: Public Hearing Quasi-Judicial
Fiscal Impact: Yes No Ordinance Resolution
Contract Requirement: Yes No 1st Reading 2nd Reading
Title
RESOLUTION 2014-05 RATIFYING THE CITY MANAGER'S FILING OF THE CITY
FISCAL YEAR 2014 DECEMBER (PERIOD 3) FINANCIAL ACTIVITY REPORT AS
PREPARED BY THE DEPARTMENT OF FINANCIAL SERVICES FOR THE PURPOSE OF
CONFORMING WITH THE CITY'S ADOPTED FINANCIAL INTEGRITY PRINCIPLE AND
FISCAL POLICY.
Summary
This resolution serves to ratify the filing and presentation of City Fiscal Year 2014 December
(Period 3) - Financial Activity Report provided by the Financial Services Department.
Staff Recommendation
Staff recommends the City Commission accept the filing of the City Fiscal Year 2014 December
(Period 3) – Financial Activity Report.
Background:
Purpose:
The intended purpose of this agenda item is to provide for the Financial
Reporting as required under Ordinance No. 2011-22;
Section 82-304 – Financial Reporting
The city shall provide for the on(cid:31)going generation and utilization of financial
reports on all funds comparing budgeted revenue and expenditure
information to actual on a monthly and year-to-date basis. The Financial
Services Department shall be responsible for issuing the monthly reports
to departments, the Mayor and City Commission, and provide any
information regarding any potentially adverse trends or conditions. These
reports should be issued within thirty (30) days after the close of each
month. The annual external audit of the city shall be prepared and
presented to the Mayor and City Commission within six and one half
months (one hundred ninety-five (195) days) of the close of each fiscal
year and within six months (one hundred eighty (180) days) of the close of
each subsequent financial year.
Financial Report Summary:
[PAGE 104]
Commission Meeting-January 14, 2014 Page 104 of 107
Citywide Budget Information from the City Fiscal Year 2014 December (Period 3) Financial
Activity Report (25% of year elapsed) as follows:
FUND REVENUES % EXPENSES %
Citywide 49% 22%
001 General Fund 48% 26%
101 Fire Rescue Fund 71% 24%
401 Stormwater Fund 44% 13%
403 Solid Waste/Recycling Fund 80% 19%
405 Building Services Fund 34% 18%
109 CRA Fund 0% 28%
Funding Source: Not Applicable.
Appearance
(Names and Titles of Outside Individuals Only)
Sponsor Name/Department: Marie W. Elianor, Financial Services Director
Meeting Date: January 14, 2014
[PAGE 105]
Commission Meeting-January 14, 2014 Page 105 of 107
RESOLUTION NO. 2014-05
A RESOLUTION RATIFYING THE CITY MANAGER’S FILING OF
THE CITY’S FISCAL YEAR 2014, PERIOD 3 (DECEMBER),
FINANCIAL ACTIVITY REPORT, AS PREPARED BY THE
DEPARTMENT OF FINANCIAL SERVICES, FOR THE PURPOSE
OF CONFORMING TO THE CITY’S ADOPTED FINANCIAL
INTEGRITY PRINCIPLES AND FISCAL POLICIES; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Manager’s office has recommended, and the City
Commission has accepted such recommendation, that the affairs of the City should be
conducted in a manner which is open and transparent, and
WHEREAS, pursuant to Section 82-304, the Financial Services Department is to
report to the Mayor and City Commission on the financial affairs of the City, and
WHEREAS, pursuant to Article 6 of the Inter-Local Agreement between the City
and Broward County; the City must provide a detailed written Financial Report showing
all calendar year-to-date revenues and expenditures to the County no later than
January 17, 2014. This report shall be certified as true and correct by the City's Finance
Director and Mayor.
WHEREAS, the City Manager has adopted a policy of making such reports on a
monthly basis and seeking the acceptance of the City Commission thereof,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LAUDERDALE LAKES AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2. RATIFICATION: The City Commission hereby ratifies the City
Manager’s filing of the City Fiscal Year 2014, Period 3 (December) Financial Activity
[PAGE 106]
Commission Meeting-January 14, 2014 Page 106 of 107
Report, as prepared by the Department of Financial Services for the purpose of
conforming with the city’s adopted financial integrity principles and fiscal policies.
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
ADOPTED BY THE CITY COMMISSION OF THE CITY OF LAUDERDALE
LAKES AT ITS REGULAR MEETING HELD JANUARY 14, 2014.
___________________________________
BARRINGTON A. RUSSELL, SR., MAYOR
ATTEST:
_______________________________
LOLITA CODRINGTON, CITY CLERK
JCB:jla
Sponsored by: MARIE W. ELIANOR, Financial Services Director
VOTE:
Vice-Mayor Eileen Rathery ____ (For) ____ (Against) ____ (Other)
Commissioner Edwina Coleman ____ (For) ____ (Against) ____ (Other)
Commissioner Eric Haynes ____ (For) ____ (Against) ____ (Other)
Commissioner Gloria Lewis ____ (For) ____ (Against) ____ (Other)
Commissioner Patricia Williams ____ (For) ____ (Against) ____ (Other)
Commissioner Levoyd Williams ____ (For) ____ (Against) ____ (Other)
[PAGE 107]
Commission Meeting-January 14, 2014 Page 107 of 107