Wednesday, August 31, 2011

Notes of the Regular Commission Meeting of August 29

On August 29, the City Commission held its Regular Commission Meeting, and the following are items of interest that were discussed (all items voted upon were unanimous unless otherwise indicated):

PUBLIC HEARINGS AS ADVERTISED IN THE SUN-SENTINEL ON THE 6TH OF AUG., 2011.


1. RESOLUTION NO. 11R-08-134: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA DIRECTING CITY ADMINISTRATION TO RESEARCH AND BRING BACK RECOMMENDATIONS TO THE CITY COMMISSION ON RECURRING NON-PROPERTY TAX FUNDED SOLUTIONS SPECIFICALLY FOR PUBLIC COMMUNITY SHUTTLE SERVICES AND IN GENERAL FOR ANY TRANSPORTATION IMPROVEMENT OR SERVICE (REQUESTED BY MAYOR RICHARD J. KAPLAN).



ORDINANCES & PUBLIC HEARINGS ----- FIRST READING:


2. ORDINANCE NO. 11O-08-147: AMENDING THE CODE OF ORDINANCES, CHAPTER 8½, EMERGENCY MANAGEMENT, SECTION 8½-4, EMERGENCY POWERS, TO MODIFY PROVISIONS REGARDING THE POSSESSION OR DISPLAY OF FIREARMS OR WEAPONS IN ACCORDANCE WITH FLORIDA STATUTES (REQUESTED BY MAYOR RICHARD J. KAPLAN).


3. ORDINANCE NO. 11O-08-150: AMENDING THE LAND DEVELOPMENT REGULATIONS schedule m, minimum housing quality standards; creating section 1.13, conformance with federal standards.



4. ORDINANCE NO. 11O-08-151: AMENDING THE LAND DEVELOPMENT REGULATIONS and pertaining to public school concurrency; creating Land Development Regulations Article Iv, development review requirements, Part 7.0., concurrency determination, section 7.4, adequacy of school sites and facilities.





5. ORDINANCE NO. 11O-08-152: AUTHORIZING A TAXABLE LOAN IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $6,100,000 TO BE APPLIED, TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS OF THE CITY, FOR THE PURPOSES OF FINANCING A LUMP SUM PAYMENT TO BE MADE TO CITY POLICE DEPARTMENT EMPLOYEES FOR ACCRUED VACATION PAY, FINANCING THE COST OF ACQUIRING, CONSTRUCTING, EQUIPPING AND IMPROVING VARIOUS PUBLIC IMPROVEMENTS FOR THE WINDERMERE/TREE GARDENS SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT, AS MORE FULLY DESCRIBED HEREIN, FINANCING THE COST OF ACQUIRING, CONSTRUCTING AND IMPROVING A PORTION OF THE PUBLIC IMPROVEMENTS AS SET FORTH IN THE CITY’S FIVE-YEAR CAPITAL IMPROVEMENT PLAN, AS ADOPTED FROM TIME TO TIME, AND PAYING COSTS OF ISSUANCE OF THE TAXABLE LOAN; APPROVING A FORM, AND AUTHORIZING EXECUTION AND DELIVERY, OF A LOAN AGREEMENT WITH BANK OF AMERICA, N.A. AND THE EXECUTION AND DELIVERY OF A PROMISSORY NOTE IN CONNECTION THEREWITH; PLEDGING THE REVENUES RECEIVED BY THE CITY FROM THE LEVY AND COLLECTION OF THE CITY’S COMMUNICATIONS SERVICE TAX TO PAYMENT OF THE AMOUNTS DUE UNDER THE LOAN AGREEMENT AND PROMISSORY NOTE, ON A PARITY WITH CERTAIN OTHER OBLIGATIONS AS SET FORTH HEREIN; AWARDING THE LOAN TO BANK OF AMERICA, N.A. PURSUANT TO A NEGOTIATED SALE.


6. ORDINANCE NO. 11O-08-153: AUTHORIZING A TAX-EXEMPT LOAN IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $5,095,000 TO BE APPLIED, TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS OF THE CITY, FOR THE PURPOSES OF FINANCING THE COST OF ACQUIRING, CONSTRUCTING AND IMPROVING A PORTION OF VARIOUS PUBLIC IMPROVEMENTS AS SET FORTH IN THE CITY’S FIVE-YEAR CAPITAL IMPROVEMENT PLAN, AS ADOPTED FROM TIME TO TIME, AND PAYING COSTS OF ISSUANCE OF THE TAX-EXEMPT LOAN; APPROVING A FORM, AND AUTHORIZING EXECUTION AND DELIVERY, OF A LOAN AGREEMENT WITH JPMORGAN CHASE BANK, N.A.; PLEDGING THE REVENUES RECEIVED BY THE CITY FROM THE LEVY AND COLLECTION OF THE CITY’S COMMUNICATIONS SERVICE TAX TO PAYMENT OF THE AMOUNTS DUE UNDER THE LOAN AGREEMENT AND PROMISSORY NOTE, AWARDING THE LOAN TO JPMORGAN CHASE BANK, N.A. PURSUANT TO A NEGOTIATED SALE.


7. ORDINANCE NO. 11O-08-154: AMENDING THE CITY OF LAUDERHILL CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE II, OFFICERS AND EMPLOYEES, DIVISION 4, NUISANCE ABATEMENT; AMENDING SECTION 2-88.52, PROCEDURES; AMENDING SECTION 2-88.53, PUBLIC NUISANCE ABATEMENT, RELATIVE TO PROCEDURES AND THE HEARING PROCESS.


8. ORDINANCE NO. 11O-08-155: AMENDING THE CODE OF ORDINANCES OF THE CITY OF LAUDERHILL, CHAPTER 12, BUSINESS REGULATIONS, ARTICLE I, IN GENERAL, SECTION 12-3, CERTIFICATE OF USE AND LOCAL BUSINESS TAX RECEIPT REQUIRED; PENALTY FOR VIOLATION; ENFORCEMENT TO ADD A PROHIBTION FOR UNAUTHORIZED AND ILLEGAL BUSINESSES.


9. ORDINANCE NO. 11O-08-156: AMENDING THE CODE OF ORDINANCES CHAPTER 21, WATER AND SEWER SERVICE, ARTICLE IV, DEPARTMENT OF ENVIRONMENTAL AND ENGINEERING SERVICES RULES, REGULATIONS, AND RATES; AMENDING SECTION 21-47, SCHEDULE OF RATES AND CHARGES, TO APPROVE AN INCREASE OF 3.6% IN WATER AND SEWER RATES BASED UPON THE CONSUMER PRICE INDEX FOR INFLATION; PROVIDING THAT SAID RATES AND CHARGES ARE NECESSARY TO COVER THE COSTS OF PROVIDING SAID SERVICES AND ARE IMPLEMENTED TO PROCEED WITH A 5-YEAR CAPITAL IMPROVEMENT PLAN TO UTILIZE A PAY AS YOU GO METHODOLOGY FOR REPAIR AND REPLACEMENT; PROVIDING FOR THE NEW RATE STRUCTURE TO COMMENCE OCTOBER 1, 2011.


10. ORDINANCE NO. 11O-08-157: APPROVING AN AMENDMENT TO UPDATE THE CITY’S CURRENT INVESTMENT POLICY.


11. ORDINANCE NO. 11O-08-158: APPROVING A BUDGET TRANSFER IN THE TOTAL AMOUNT OF $2,263,540.00 TO BALANCE THE GENERAL FUND EXPENDITURES FOR THE FISCAL YEAR 2011 BUDGET; PROVIDING VARIOUS BUDGET CODE NUMBERS.


ORDINANCES & PUBLIC HEARINGS --- SECOND READING:


12. ORDINANCE NO. 11O-08-144: AUTHORIZING A TAX-EXEMPT LOAN IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $4,905,000 AND A TAXABLE LOAN IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $4,905,000 FOR THE PURPOSE OF REFINANCING THE CITY’S EXISTING LINES OF CREDIT WITH BANK OF AMERICA, N.A., THE PROCEEDS OF WHICH WERE USED TO ACQUIRE, CONSTRUCT, IMPROVE, EQUIP, REPAIR AND RENOVATE VARIOUS PUBLIC FACILITIES; PURSUANT TO A NEGOTIATED SALE.


13. ORDINANCE NO. 11O-08-145: PROVIDING FOR THE ISSUANCE OF ITS $2,595,000 HALF-CENT SALES TAX REFUNDING REVENUE BONDS, SERIES 2011A AND ITS $3,700,000 HALF-CENT SALES TAX REFUNDING REVENUE BONDS, SERIES 2011B, IN EACH CASE, AS REFUNDING BONDS UNDER ORDINANCE NO. 96-110 ENACTED ON APRIL 29, 1996; AUTHORIZING THE PROCEEDS OF THE SERIES 2011A BONDS TO BE APPLIED, TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS OF THE CITY, TO REFUND, ON A CURRENT BASIS, THE CITY’S OUTSTANDING HALF-CENT SALES TAX REVENUE BONDS, SERIES 1998 MATURING AFTER OCTOBER 1, 2011; AUTHORIZING THE PROCEEDS OF THE SERIES 2011B BONDS TO BE APPLIED, TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS OF THE CITY, TO REFUND, ON A CURRENT BASIS, THE CITY’S OUTSTANDING HALF-CENT SALES TAX REVENUE BONDS, SERIES 2001 MATURING AFTER OCTOBER 1, 2011; AUTHORIZING THE APPLICATION OF AMOUNTS ON DEPOSIT IN THE RESERVE SUBACCOUNTS ESTABLISHED FOR THE OUTSTANDING HALF-CENT SALES TAX REVENUE BONDS, SERIES 1998 AND HALF-CENT SALES TAX REVENUE BONDS, SERIES 2001 TO PAY COSTS OF ISSUANCE OF THE SERIES 2011A BONDS AND SERIES 2011B BONDS AND COSTS OF PUBLIC IMPROVEMENTS INCLUDED IN THE CITY’S FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM, AS ADOPTED FROM TIME TO TIME; PROVIDING FOR THE TERMS OF SUCH SERIES 2011 BONDS; AWARDING THE SALE OF THE SERIES 2011 BONDS TO BRANCH BANKING AND TRUST COMPANY PURSUANT TO A NEGOTIATED SALE; APPOINTING THE CITY AS PAYING AGENT AND REGISTRAR FOR THE SERIES 2011 BONDS.


14. ORDINANCE NO. 11O-08-146: AMENDING THE CODE OF ORDINANCES OF THE CITY OF LAUDERHILL, CHAPTER 12, BUSINESS REGULATIONS, ARTICLE II, CERTIFICATE OF USE AND LOCAL BUSINESS TAX RECEIPT, SECTION 12-33, DUE DATES; PENALTIES FOR DELINQUENT PAYMENT TO PROVIDE FOR MONTHLY DELINQUENCY PENALTIES AND 150 DAYS TIMEFRAME TO BE SUBJECT TO CIVIL CITATIONS IN ACCORDANCE WITH FLORIDA STATUTES; AMENDING SECTION 12-57, BUSINESS DEVELOPMENT FEE, TO INCREASE THE FEE.



RESOLUTIONS



ADMINISTRATION




15. 15. RESOLUTION NO. 11R-08-137: APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF LAUDERHILL AND THE WINDERMERE/TREE GARDENS SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT REGARDING THE IMPROVEMENTS CONSTRUCTED WITHIN THE DISTRICT AREA; PROVIDING TERMS, CONDITIONS AND FEES; AUTHORIZING THE EXECUTION OF SAID AGREEMENT.

16. RESOLUTION NO. 11R-08-138: APPROVING THE LEASE AGREEMENT BETWEEN THE LAUDERHILL HOUSING AUTHORITY AND THE CITY OF LAUDERHILL TO LET CERTAIN PARCELS OF LAND LOCATED WITHIN THE WINDERMERE/TREE GARDENS SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT AREA THAT ARE OWNED BY THE LAUDERHILL HOUSING AUTHORITY TO THE CITY OF LAUDERHILL AND AUTHORIZING THE CONSTRUCTION OF CERTAIN SAFE NEIGHBORHOOD IMPROVEMENTS ON SAID PROPERTY.




FINANCE


17. RESOLUTION NO. 11R-08-142: RANKING THE SELECTION OF AUDIT SERVICES FIRMS FOR FISCAL YEARS 2011, 2012 AND 2013; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SELECTED TOP 3 FIRMS AS FOLLOWS: ________________, _____________, _________________IN DESCENDING ORDER AS NECESSARY UNTIL AN AGREEMENT IS REACHED. Withdrawn.



18. RESOLUTION NO. 11R-08-143: APPROVING THE FORM, AND AUTHORIZING EXECUTION AND DELIVERY, OF AN INTEREST RATE LOCK AGREEMENT WITH JPMORGAN CHASE BANK, N.A. IN CONNECTION WITH THE CITY’S REQUEST FOR PROPOSALS FROM A QUALIFIED FINANCIAL INSTITUTION TO PROVIDE A TAX-EXEMPT LOAN TO FINANCE, TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS OF THE CITY, A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING AND IMPROVING VARIOUS PUBLIC IMPROVEMENTS AS SET FORTH IN THE CITY’S FIVE-YEAR CAPITAL IMPROVEMENT PLAN, AS ADOPTED FROM TIME TO TIME, AND PAYING COSTS OF ISSUANCE OF THE TAX-EXEMPT LOAN.


19. RESOLUTION NO. 11R-08-144: APPROVING A policy to authorize the release of liens and waiver of oustanding balances for grant funding awarded under the ”nsp”, “ship”, “CDBG”, and “HOME” funding programs. Withdrawn.


20. RESOLUTION NO. 11R-08-147: APPROVING THE EXTENSION OF THE AGREEMENT WITH STAFFING CONNECTION/ACTION LABOR TO CONTINUE TO PROVIDE SCHOOL CROSSING GUARD SERVICES FOR NINETY (90) DAYS OR UNTIL THE CITY AWARDS A NEW CONTRACT FOR SERVICES, WHICHEVER SHALL OCCUR FIRST



.FIRE


21. RESOLUTION NO. 11R-08-149: AWARDING THE BID TO _________________ IN THE AMOUNT OF $_________________ TO PERFORM THE INSTALLATION OF DIESEL EXHAUST REMOVAL SYSTEMS AT EACH OF THE CITY OF LAUDERHILL’S THREE PERMANENT FIRE STATIONS; PROVIDING FOR FEDERAL GRANT FUNDING FROM THE ASSISTANCE TO FIREFIGHTERS GRANT #EMW-2009-FO-04824 IN THE AMOUNT OF $66,000.00; PROVIDING FOR CITY MATCHING FUNDS IN THE AMOUNT OF $16,500.00.





HR


22. RESOLUTION NO. 11R-08-155: APPROVING A MEMOrandum OF UNDERSTANDING BETWEEN THE CITY OF LAUDERHILL AND THE LOCAL UNION 2942, COUNCIL 79 AMERICAN FEDERATION OF THE STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO, TO MODIFY SECTION 6 OF ARTICLE 19 OF THE COLLECTIVE BARGAINING AGREEMENT REGARDING THE TERMS AND CONDITIONS OF THE SELF-IMPROVEMENT INCENTIVE PLAN CONTAINED THEREIN.




P&Z



23. RESOLUTION NO. 11R-08-156: ReTroactively extending the date of site plan approval from august 16, 2008 TO AUGUST 16, 2014 for the georgetown townhouse development, a 32± ACRE SITE in the residential transitional at 16 dwelling units per gross acre (RT-16) zoning district Legally described as georgetown.



24. RESOLUTION NO. 11R-08-160: AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR, AND EXECUTION OF, A JOB ACCESS REVERSE COMMUTE (JARC) GRANT APPLICATION UNDER THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY’S GENERAL AUTHORITY TO MAKE SUCH GRANTS (REQUESTED BY MAYOR RICHARD J. KAPLAN).




POLICE


25. RESOLUTION NO. 11R-08-157: APPROVING A MEMOrandum OF UNDERSTANDING BETWEEN THE CITY OF LAUDERHILL AND THE FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE, LODGE #161 (the “union”), AMENDING ARTICLE 16 “holidays” OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE UNION; AUTHORIZING THE CITY MANAGER TO SIGN THE MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE CITY.

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