CITY OF
COMMISSION MEETING
TUESDAY, FEBRUARY
12, 2008, 5:30 P.M.
MINUTES
1. INVOCATION AND PLEDGE OF ALLEGIANCE –
Mayor Brady called the meeting to order at 5:30 p.m. and gave the invocation.
2.
ROLL CALL – ALL PRESENT
Mayor
Vice Mayor
Commissioner Gary
Frankel
Commissioner Rich Moyle
Commissioner David G.
Hilton
City Manager
City Attorney Samuel S.
Goren Michael D. Cirullo
3.
MINUTES – September 13, 2007 and January 24, 2008
Commissioner Gary Frankel moved to approve the minutes of September 13,
2007 and January 24, 2008 as submitted.
Vice Mayor Cangemi seconded. All
in favor.
4.
PUBLIC DISCUSSION
Pastor Brian Brookins signed up to speak and will speak when his item
comes up later in the agenda. City
Manager Sala introduced Debra Sears as the new Finance Director.
5.
QUASI-JUDICIAL ITEMS
a.
POLLO TROPICAL RELATED ITEMS
i.
SUBJECT: VAR- 07-02 Pollo
Tropical
First
To
permit reduced building setbacks and landscape buffer by granting variances
from Section 106-442 (1) and Section 102-59 (1) of the City Code of Ordinances.
APPLICANT: Pollo
Operations, Inc.
All interested parties were sworn in by City
Attorney. Commissioner Hilton moved to
read ordinance. Commissioner Frankel
seconded. Attorney read title:
AN ORDINANCE OF THE CITY OF NORTH
LAUDERDALE, FLORIDA, APPROVING AND GRANTING
VARIANCES FROM THE NORTH LAUDERDALE CODE OF ORDINANCES, SECTION 106-442
(1) TO PERMIT THE 26.93 FEET BUILDING SETBACK FROM A TRAFFIC WAY, AS OPPOSED
TO THE 50 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION; SECTION 102-59 (1)
TO PERMIT THE 5 FEET LANDSCAPE BUFFER FROM A RIGHT-OF-WAY, AS OPPOSED TO THE 10
FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION; FOR THE PROPOSED POLLO
TROPICAL LOCATED AT THE SOUTHWEST CORNER OF
81st AVENUE AND McNAB ROAD, NORTH LAUDERDALE,
FLORIDA; PROVIDING FOR STIPULATIONS AND CONDITIONS; PROVIDING THAT PROVISIONS
NOT VARIED BY THIS ORDINANCE REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR
CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.
Tammy Reed-Holguin presented the item with the site plan first, and then
would ask Commission to consider the variances. She indicated that the project
was brought before the Commission before on January 30, 2007, with associated
variances, to build a restaurant on the out-parcels in the Shoppes of McNab. She said at that time the Commission voted 4-1
to disapprove the variance, therefore a site plan could not be considered. Ms. Reed-Holguin said the applicant is back before
the Commission with a revised site plan in which they are proposing to
construct a Pollo Tropical on the out-parcel. She reminded the Commission of
the previous concerns and showed a new rendering of the building, which showed
an elongated building, with another tower added; the modified colors of the
building; outdoor seating added; and the drive-thru is still there and the
landscape has been enhanced to buffer the drive-thru from
Mayor Brady opened Public
Hearing. No Comments. Public hearing closed. Commissioner Frankel moved to approve. Vice Mayor Cangemi seconded. All yes.
Mr. Sala added that he wanted to thank Mr. Laystrom for taking the
project back to corporate headquarters to address some of the issues that staff
had to work it out. He said we didn’t
get everything we wanted, but enough to create a nice product for
ii.
SUBJECT: SPR 07-02 Pollo
Tropical
APPLICANT: Pollo
Operations, Inc.
MOTION: To approve the Preliminary site plan to construct a fast food restaurant in a
Community Business (B-2) Zoning District.
Tammy Reed-Holguin said that there are 12 conditions on the site plan,
two conditions which were added at the Planning and Zoning Board meeting. She said one was the video system and the
other one was a request to use bollards in addition to the dense landscaping
around the outdoor seating area for safety concerns.
Mayor Brady opened public
discussion. No comments. Public discussion closed. Commissioner Gary Frankel moved to approve
the preliminary site plan with the 12 conditions. Seconded by Vice-Mayor Cangemi. All yes.
6.
CONSENT AGENDA
Vice Mayor Cangemi requested
that the following item be pulled from the Consent Agenda.
THE FOLLOWING ITEM
WAS PULLED FROM THE CONSENT AGENDA:
d.
RESOLUTION: Design/Build Services for the City’s Water
Plant
(RFQ # 08-01-298)
Accepting the ranking of RFQ
#08-01-298 for Design/Build Services for Capital Improvements to the City Water
Plant, approving staff’s selection of US Water Corporation and authorizing the
City Manager, City Attorney, and Staff to negotiate and enter into an
acceptable agreement with US Water Corporation for this service.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
Commissioner Frankel made a motion to read the remaining items on the Consent Agenda. Seconded by Vice Mayor Cangemi.
Attorney read titles:
a.
RESOLUTION: Appointment of a Medical Director
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
RESOLUTION
NO. 08-02-5300
b.
SUBJECT: -Amendments to the Utility Billing Ordinance
MOTION: To correct the Utility Billing
Ordinance scrivener’s errors removing references to past due notices and
correction of discontinuance of the utility service days and amend the
ordinance accordingly.
c. RESOLUTION:
Lift Station Maintenance Contract (Bid # 07-09-294)
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF NORTH LAUDERDALE, FLORIDA, AWARDING BID # 07-09-294 TO BUTLER NATIONAL
SERVICES INC. FOR LIFT STATION MAINTENANCE FOR FISCAL YEAR 2007/2008;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. 08-02-5301
Commissioner Frankel
moved to approve consent agenda as read.
Vice Mayor Cangemi seconded. All
yes.
CONSENT AGENDA APPROVED UNANIMOUSLY
Commissioner Cangemi suggested a workshop on pulled item (d) and to table
it indefinitely. Commissioner Frankel
made a motion to table until after a workshop on the item. Commissioner Hilton seconded. All yes.
7.
OTHER BUSINESS
Commissioner Frankel moved to read. Seconded by Commissioner Hilton.
Attorney read title:
a.
RESOLUTION: Confirming the City Manager’s Administrative
Order of January 24, 2008, and authorizing the study and review of CF Uses in
all Zoning Districts except CF Districts and institute Zoning-in-Progress.
A
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, CONFIRMING THE JANUARY 24, 2008, ADMINISTRATIVE ORDER ISSUED BY THE
CITY MANAGER RELATING TO REVIEW OF COMMUNITY FACILITY (CF) USES IN ALL ZONING
DISTRICTS IN THE CITY OTHER THAN THE COMMUNITY FACILITIES (CF) DISTRICT;
APPROVING AND AUTHORIZING THE CITY ADMINISTRATION TO CONDUCT SUCH REVIEW;
PROVIDING FOR A TIME PERIOD FOR THE REVIEW; PROVIDING FOR LIMITATIONS ON
ISSUANCE OF PERMITS DURING THE TIME OF THE REVIEW; PROVIDING THAT THE ADOPTION
OF THIS RESOLUTION COMMENCES THE PROCESS FOR AMENDMENTS TO THE CITY’S CODE OF
ORDINANCES RELATING TO CF USES IN ZONING DISTRICTS OTHER THAN CF ZONING
DISTRICT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Tammy Reed-Holguin presented the item.
She said in July of 2003 the Commission adopted an Ordinance that
limited the non-commercial uses in commercial zoning districts, after an
extensive study was done, which limited the amount of CF uses to no more than
20% of the square footage of the buildings within a commercial district. Further, she said this Ordinance has been in
place for over four years and the City Administration feels it is time to
assess the effectiveness of Ordinance and to recommend any modifications. Ms. Reed-Holguin said they want to do this to
collect data on the number of CF uses in non CF districts, noting that the City
has undergone some significant change since 2003, both in demographics of the
population and in the redevelopment of the properties. She said a study will allow them to assess if
the permanent uses are compatible with the needs of our community. Ms. Reed-Holguin further said that with the
recent property tax reform they are recommending reviewing the zoning codes to
assess the impact of permitted uses. She
said at the meeting on January 24th the Commission made a motion to
accept the City Manager’s Administrative Order issued pursuant to Section
106-61 of the City Code and directed the City Attorney’s office to draft a
resolution confirming the administrative order.
Ms. Reed-Holguin said they are asking the Commission to adopt this
Resolution at this time approving and confirming that administrative order to
authorize the study and review of CF uses in all zoning districts except CF
districts and institute zoning in progress while the study and appropriate
recommendations relating to these zoning matters are completed and
adopted.
Mayor Brady opened Public
Discussion.
Pastor Brian Brookins of Riverside Christian addressed the
Commission. City Manager Sala interjected
that they have already begun a proactive approach with some of the tenants who
have a large area, and Pastor Brookins was one who came to ask what the issues
are and proposed some ideas, and said he hopes to get the same cooperation from
some of the other areas in B2 districts.
City Manager said Pastor Brookins has special issues which they are
trying to address regarding tenants and timeline issues. City Manager said the resolution will put a
stop until the situation is accessed, and City Attorney said the resolution is
a part of the zoning in progress Ordinance adopted a few years ago to study an
issue in the city Mr. Cirullo said the resolution will provide for a six month
study, but to be accomplished as soon as possible and the Commission may at any
time direct that a resolution be brought back to repeal it, change it, alter it
during that time as a study progresses and more information is obtained.
Pastor Brookins said he has a Charter School which already meets in the
Church space, which serves a double use, but that there is one bay where that
is not the case. He said that school is
leaving this school year and they have been working with a new Charter school
to take that space. He said they are
ready to sign a lease, seek an exemption for a new user to do the same
thing. His concern is that the zoning in
progress would be of such a length of time that would prevent him from getting
the school in by the academic school year.
He further said they would want to rebuild some space and restructure
some things presently in use and they need to be recruiting to fill the
school. He said that it is very
significant to have that tenant in the space.
Pastor Brookins said he would like assurance that he may be able to get
an exemption. City Manager Sala said
that he is looking at it on a case by case basis and the comments Pastor
Brookins is making is unique to his site, which means that they won’t be
applying it to every site in the City. He further reiterated what the City
Attorney said that if his proposal met intent of the zoning in progress, that
through a special exception they may bring that through. Mr. Sala said they may need to bring that
case back as a special exception. Pastor
Brookins gave some of his ideas to the Commission and said that if it works he
may be able to put 2800 feet back on tax roll and retail space. Mr. Sala said those were things they
discussed and they are the kinds of things that the study would present. He said the City Attorney discussed the
flexibility in that type of case. Mr.
Sala said that he will discuss it further with Pastor Brookins and Tammy-Reed
Holguin and look at the overall site plan to formulate it into something to
move forward on.
Public discussion closed. Commissioner Moyle moved to approve. Seconded by Vice-Mayor Cangemi. No Commission discussion. All yes.
RESOLUTION NO. 08-02-5303 PASSED AND ADOPTED UNANIMOUSLY
b.
SUBJECT: INTENT RESOLUTIONS
City Attorney Cirullo presented the items and said each will require a
separate public hearing. He said this is
the first step in an assessment process and explained the process to the
Commission and that the process allows the opportunity to place an assessment
on the tax bill if the Commission chooses to do so. City attorney further advised that over the
next several weeks his office and City staff will be reviewing the feasibility
of the assessments, and will have to take other actions to implement them, but
they have until March 1st to adopt these in order to reserve the
right to use the November tax bill.
i)
Residential
Solid Waste Collection Services Special Assessment
Commissioner Hilton made a motion to read. Seconded by Commissioner Frankel.
Attorney read title:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF NORTH LAUDERDALE, FLORIDA, SETTING FORTH THE CITY'S INTENT TO USE THE
UNIFORM METHOD FOR THE LEVY AND COLLECTION OF A NON-AD VALOREM SPECIAL
ASSESSMENT TO BE LEVIED UPON RESIDENTIAL REAL PROPERTIES LYING WITHIN THE
MUNICIPAL BOUNDARIES OF THE CITY, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A," ATTACHED HERETO, TO FUND THE PROVISION OF SOLID WASTE COLLECTION
SERVICES TO RESIDENTIAL PROPERTIES WITHIN THE CITY; STATING A NEED FOR SUCH
LEVY; PROVIDING THAT A COPY OF THIS RESOLUTION SHALL BE FORWARDED TO THE
PROPERTY APPRAISER, TAX COLLECTOR AND THE FLORIDA DEPARTMENT OF REVENUE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Public hearing opened. No one was present from the public to speak. Public hearing closed. Commissioner Moyle said this could adversely affect people who already have a high mortgage payment. Commissioner Hilton said it would be taken off the water bill. Mr. Sala said one of the things they will be evaluating is the comfort level before the budget period. Commissioner Frankel said some cities have been putting the garbage bill into the tax bill for some time but he feels it should be spread out rather than one lump sum. Commission discussion closed. Clerk took vote. All yes.
RESOLUTION NO. 08-02-5304 PASSED AND ADOPTED UNANIMOUSLY
ii)
Street Light
Capital and Maintenance Special Assessment
Commissioner Hilton made a motion to read. Seconded by Commissioner Frankel.
Attorney read title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, SETTING FORTH THE CITY'S INTENT TO USE THE UNIFORM METHOD FOR THE LEVY
AND COLLECTION OF A NON-AD VALOREM SPECIAL ASSESSMENT TO BE LEVIED UPON ALL
PROPERTIES LYING WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED HERETO, TO FUND THE PROVISION OF
STREET LIGHTING CAPITAL AND MAINTENANCE WITHIN THE CITY; STATING A NEED FOR
SUCH LEVY; PROVIDING THAT A COPY OF THIS RESOLUTION SHALL BE FORWARDED TO THE
PROPERTY APPRAISER, TAX COLLECTOR AND THE FLORIDA DEPARTMENT OF REVENUE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Public hearing opened. No one was present from the public to speak. Public hearing closed. No Commission discussion. Clerk took vote. All yes.
RESOLUTION NO. 08-02-5305 PASSED
AND ADOPTED UNANIMOUSLY
8.
REPORTS
a.
BSO Annual Report
Chief Lou Cavallo addressed the Commission and distributed the 2007
Annual Report. He thanked Lt. Sileo for
all his help in creating the report.
Chief Cavallo said 2007 was a difficult year for BSO for many
reasons. Since November of 2006, five
deputies have been shot, three killed and they were all close to home. Chief Cavallo said violence was increasing
around the country. He said also there
was a change in Sheriffs in 2007. He
said the agency has made a positive turn in direction and Sheriff Lamberti has
been received extremely well; moral is high.
Further, Chief Cavallo said Sheriff Lamberti introduced a new credo
which is “Pride in Service with Integrity”.
Chief Cavallo said he feels that
daily and they have 13 certified deputies. He said there were approximately 2,600 arrests
in 2007, with fewer deputies. Chief
Cavallo said he is proud of the motivation of the deputies that go out and take
the criminal element off our streets. Chief Cavallo is also proud that this
district’s crime clearance rate was the highest in the BSO districts for three
years in a row, and they lead all of
b.
10 Year Water Supply Plan (Mike Shields and Tammy Reed-Holguin)
Tammy Reed-Holguin said that every local government is required to
prepare a 10 year water supply plan as outlined by South Florida Water
Management at the last Commission meeting.
She mentioned the established deadlines for the plan and said they
incorporated some goals, objectives and policies into the last comprehensive
plan amendment which identifies the need to complete the 10 year water supply
plan. Ms. Reed-Holguin said the deadline
is August 15, 2008, and there are two components to the project. One is to prepare the water supply plan by
identifying our current and future capacity for water supply, and then forecast
out the need for water over that ten year period. She said this analysis must include all
properties within the City boundaries and all water supply sources, even if
serviced by the County. If there is a
deficit, they must identify projects and funding to address the deficit. Ms. Reed- Holguin further said the City must
also respond to the Water Management District by June 22, 2008, identifying
which projects they intend to adopt from the District’s Plan and what
alternative projects we intend to implement.
She said the second part is to actually amend our Comprehensive Plan associated
with the data and analysis developed as part of the 10 year water supply
plan. She said in addition to adopting
the water supply plan, other elements of the comp plan may also be affected,
including future land development, housing, infrastructure, conservation,
recreation and open space, inter-government coordination and capital
improvement elements. Ms. Reed-Holguin
said they have engaged the services of two current consultants to undertake
these tasks. Calvin Giordano will
complete the water supply plan, under the supervision of Mike Shields and Gene Dolan
will complete the amendment to the comprehensive plan based on the water supply
plan, under the supervision of Tammy Reed-Holguin. Ms. Reed-Holguin said the water supply plan
should be completed by the end of February, with a draft due by February 25th. She said once that draft is complete, the
comp plan amendment can be drafted by the end of March to begin the public
hearing process. She further said the
transmittal hearing is tentatively set for April 22nd by the City
Commission and once it is transmitted and we receive the word from the DCA it
can be completed by August, 2008.
c.
Operational Changes to City’s Swim Team Program
(Mike Sargis)
Mike Sargis spoke about the positive operational changes to the program
due to the outsourcing of the aquatic center to Jeff Ellis Management and
merging the swim team program with them.
He said outsourcing was done to try to reduce operational costs and
improve the level of customer service, as well as increase revenues at the
pool. He said in the second year of the
contract, a reduction in the overall costs amounted to approximately
$40,000.00. Further, they increased the
use of the pool by almost 14,000 users last year which generated an increase of
revenue. Mr. Sargis said that also for
the first time there was a waiting list for the swim program and swim lessons
for kids. He said that after
conversations with City Manager and Commissioner Hilton, who had an involvement
with the swim team prior to being elected as commissioner, they came up with a
concept of trying to merge a swim team with the City of
9.
COMMISSION COMMENTS
a. Discussion
and possible motion to continue/discontinue Sister Cities International
Membership (Annual Fee $510.00)
Vice Mayor Cangemi made a motion to discontinue
membership with Sister Cities International.
Commissioner Hilton seconded. All
yes.
b.
Discussion and possible motion to approve
oversight of the newsletter by the City Commission (R. Moyle)
Commissioner Moyle recommended that the newsletter come to the Commission
for review prior to publication. City
Attorney recommended putting a draft of the newsletter on the agenda for
review, prior to the deadline for publication.
Commissioner Moyle made a motion that the City Commission approves a
draft of the entire City newsletter prior to publication. Seconded
by Vice Mayor Cangemi. All yes.
c.
Discussion and possible motion to change next
Commission meeting from Tuesday, February 26th to Thursday, February
28th, 2008 (D. Hilton)
Commissioner Hilton advised that the date on the agenda item was
inadvertently stated as February, when the correct date he is requesting to be
changed is March 25, 2008, due to a conflict.
Commissioner Hilton requested the meeting be moved to March 27,
2008. Vice-Mayor Cangemi made a motion
to change the date to Thursday, March 27, 2008.
Seconded by Commissioner Moyle.
All yes.
Vice Mayor Cangemi read a letter from resident, Lynn Jager, of
10.
CITY MANAGER COMMENTS
City Manager Sala reminded
the Commission of the following upcoming events:
·
Saturday,
March 8, 2008 - 1:30 p.m. –
·
Saturday,
March 15, 2008 – 10:00 a.m. – Eggstravaganza Egg Hunt at Jack Brady Sports
Complex
·
Saturday,
April 5, 2008 – 10:00 a.m. – Youth Baseball Opening Day and Dedication of
·
Friday,
April 11, 2008 – 7:00 p.m. – Adult Cricket Program Awards Ceremony – Jack Brady
Sports Complex – Field 3
·
Employee
Appreciation Picnic March 1, 2008
Mr. Sala discussed a possible workshop on March 11th for
several items and said he needed to bring the Commission up to date on
legislative items. Mr. Sala further said
he would like to schedule an Executive Session possibly for the last meeting in
February or the March 11th meeting.
11.
CITY ATTORNEY COMMENTS – No comments from City Attorney Cirullo.
12.
ADJOURNMENT – There being no further discussion, the meeting adjourned at 7:00 p.m.
Respectfully submitted,
Patricia Vancheri