[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