CITY OF
COMMISSION MEETING
TUESDAY, MARCH 11,
2008
REGULAR MEETING – 5:30
P.M.
MINUTES
1. INVOCATION AND PLEDGE OF ALLEGIANCE – Mayor Brady called the meeting to order at 5:30 p.m. and Commissioner Hilton gave the invocation.
2.
ROLL CALL – ALL PRESENT
Mayor
Vice Mayor
Commissioner
Commissioner Rich Moyle
Commissioner David G.
Hilton
City Manager
City Attorney Samuel S. Goren
3.
APPROVAL OF MINUTES
a.
February 12, 2008
Commissioner Frankel moved to approve the minutes of the February 12,
2008 meeting as submitted. Vice Mayor
Cangemi seconded. All in favor.
4.
PRESENTATIONS - None
5.
PROCLAMATIONS
a.
Children’s
Week – Early Learning Coalition of Broward County
b.
National Crime
Victims’ Rights Week – Broward Victim’s Rights Coalition
Interim Clerk Vancheri read the Proclamations into the record.
6.
PUBLIC DISCUSSION – No one signed up to speak.
7.
QUASI-JUDICIAL ITEMS
City Attorney Goren explained there were two related items for applicant,
Pollo Operations, Inc. and said there were members of the public who would be
affected by these applications, but no member has appeared to speak with
reference to them. Mr. Goren said the
applicant, through legal counsel, Mr. Laystrom, waives the swearing of the
witnesses at this point, for a direct hearing between the Commission and the
applicant, and staff will make a brief presentation.
a.
POLLO TROPICAL RELATED ITEMS
A motion to read the titles was made by Commissioner Frankel and seconded
by Commissioner Hilton. All in favor.
Attorney read titles for both related items 7 a(i) and 7a(ii). Mr. Goren said the applicant is present and
the back up in connection with the site plan is a part of the record, and all
documents and all materials which were considered by the Staff, the Planning
and Zoning Board and the Commission this evening are made a part of the
record. Further Mr. Goren said the
applicant waives his prejudicial rights since no member of the public is
present to be heard and staff will proceed with a brief presentation.
i.
SUBJECT: VAR-
07-02 Pollo Tropical
Second
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.
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 BULDING 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
and said the applicant Pollo Tropical is proposing to construct a 3,438 square
foot building on the out-parcel in the current Shoppes of McNab, which fronts
McNab Road and 81st Avenue.
She said it is an elongated building with two towers and incorporates
some of the features of the proposed
Commissioner Frankel made a motion to adopt. Seconded by Vice-Mayor Cangemi. Commissioner
Hilton asked the City Attorney about the location referring to the Southwest
Corner of
ORDINANCE NO. 08-03-1206 PASSED
AND ADOPTED UNANIMOUSLY
ii.
SUBJECT: SPR 07-02 -Pollo Tropical
Final Site Plan approval to construct a fast food
restaurant in a Community Business (B-2) Zoning District.
APPLICANT: Pollo
Operations, Inc.
MOTION: To approve the final site plan to construct a
fast food restaurant in a Community
Business (B-2) Zoning District.
Ms. Reed-Holguin reminded the Commission that at the February 12, 2008 meeting
they approved the Preliminary Site Plan with the 12 conditions, including the
two that came from the Planning and Zoning Board, and is asking approval of the
Final Site Plan with those 12 conditions.
Commissioner Frankel moved to
approve. Seconded by Vice Mayor
Cangemi. No Commission discussion. Clerk polled Commission. All yes.
MOTION TO APPROVE FINAL SITE
PLAN WAS PASSED UNANIMOUSLY
8.
CONSENT AGENDA
Attorney read titles:
a.
RESOLUTION :
SWAV 08-01 Sign Waiver Request – Family Dollar
Applicant: Allen
Industries, Inc.
A RESOLUTION OF THE
CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING A SIGN
WAIVER REQUEST FOR FAMILY DOLLAR, LOCATED AT 6039 KIMBERLY BLVD, NORTH
LAUDERDALE, FLORIDA, THEREBY PERMITTING THE INSTALLATION AND MAINTENANCE OF A
SIGN WITH 34.5” HIGH CAPITAL LETTERS WHEREAS MAXIMUM 16 INCHES HIGH LETTERS ARE
ALLOWED BY SECTION 94-16 (C) (2) (C) OF THE CITY’S CODE OF ORDINANCE WITHIN A
COMMUNITY BUSINESS (B-2) ZONING DISTRICT.
RESOLUTION NO. 08-03-5309
b. RESOLUTION:
SWAV 07-03A Sign
Waiver Request - Pollo
Tropical
To allow a 39.8 square foot Menu Board sign where
16 square foot sign is allowed by section 94-14 (13) of the City’s Code of
Ordinance within a Community Business (B-2) Zoning District.
APPLICANT: Pollo Operations,
Inc.
A RESOLUTION OF THE
CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING A SIGN
WAIVER REQUEST FOR POLLO OPERATIONS, INC., LOCATED AT 8096 WEST McNAB ROAD,
NORTH LAUDERDALE, FLORIDA, THEREBY PERMITTING THE INSTALLATION AND MAINTENANCE
OF A 39.8 SQUARE FOOT MENU BOARD SIGN WHERE 16 SQUARE FOOT IS ALLOWED BY
SECTION 94-14 (13) OF THE CITY’S CODE OF ORDINANCE WITHIN A COMMUNITY BUSINESS
(B-2) ZONING DISTRICT.
RESOLUTION
NO. 08-03-5310
c.
RESOLUTION: Rental Permit Fee Increases for Outdoor Recreation Facilities (Athletic Fields)
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF
RESOLUTION NO. 08-03-5311
Commissioner Moyle made a
motion to approve the consent agenda as read.
Seconded by Commissioner Frankel.
All yes.
CONSENT AGENDA APPROVED
UNANIMOUSLY
9.
OTHER BUSINESS
Commissioner Frankel moved to read.
Seconded by Vice Mayor Cangemi.
Attorney read title:
a.
RESOLUTION: SWAV
07-03B Sign Waiver Request
To allow additional signage with higher letters than are allowed per
section 94-16 (c) (2) c of the City’s Code of Ordinance within a Community
Business (B-2) Zoning District.
APPLICANT: Pollo Operations,
Inc. - Pollo Tropical
A RESOLUTION
OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING A
SIGN WAIVER REQUEST FOR POLLO TROPICAL, LOCATED AT 8096 WEST McNAB ROAD, NORTH
LAUDERDALE, FLORIDA, THEREBY PERMITTING THE INSTALLATION AND MAINTENANCE OF NO
MORE THAN TWO WALL SIGNS WITH MAXIMUM OF 23” HIGH CAPITAL LETTERS WHERE ONLY UP TO 16 INCHES HIGH LETTERS ARE ALLOWED BY SECTION 94-16 (C) (2)
c OF THE CITY’S CODE OF ORDINANCE WITHIN
A COMMUNITY BUSINESS (B-2) ZONING DISTRICT.
Tammy
Reed Holguin said this evening the Commission has approved the site plan,
variances and a menu board and the final item for consideration is the sign
waiver for the wall signs. She said the
details have been worked out with the applicant Public hearing opened; Public hearing closed. Mr. Goren said the applicant would like to voluntarily
make certain that the conditions that were provided by staff’s analysis are
acceptable and they will adhere to them.
Mr. Laystrom responded “yes”.
Commissioner Frankel made a motion to
approve. Seconded by Vice Mayor
Cangemi. No Commission discussion. Clerk polled Commission. All yes.
RESOLUTION NO. 08-03-5312 PASSED AND ADOPTED UNANIMOUSLY
b.
Public Works Utilities Capital Improvements
A motion to read was made by Commissioner Frankel. Seconded by Vice-Mayor
Cangemi. Attorney Goren said there were
reports prior to item (iv.) but read the title into record. City Manager Richard Sala said over the past
year they have shared with the Commission some of the needs of the water and
sewer facilities and would now like to bring that all together with a
comprehensive report so that they could see the big picture and see where the
expenditures are. He further said some
of it would be brought back through the budget process and part will be brought
over the next several years in different pieces at the time they are implemented.
Mr. Sala said they would also lead into how it will be financed and share some
of the results of the State Revolving Fund and what the savings are to the
City.
i.
Comprehensive Report –Mike Shields
Mr. Shields gave a detailed power point presentation, Overview of
Upcoming Utilities Operational Issues. This presentation broke down current and
upcoming issues in two areas, one being the water plant and one the sewer
system. Mr. Shields went through the
issues regarding water capacity issues; lift station maintenance contract;
sewer rehab; annual lift station upgrades.
The presentation also included estimated costs of the projects which
includes repairs and rehabilitation of plant components and structures due to
deterioration. Mr. Shields said over the
course of the next few years they anticipate these projects to be done through
Calvin Giordano, Staff and bid out accordingly.
Mr. Shields also spoke about the pros and cons of State Revolving Funds
versus conventional loans and reminded the Commission that in November of 2007 they approved an expenditure to
consultant, Calvin Giordano to assist the City in preparing the necessary
applications for the funding. He said
part of the process was a public hearing, which has been advertised for the
March 27th meeting. Mr.
Shields then turned the presentation over to Mr. Fred Bloetscher and Jim
Roberts from Calvin Giordano.
ii.
State Revolving Fund Report – Fred Bloetscher
Mr. Bloetscher said in order to qualify for SRF funds the State requires
you to prepare a facilities plan, which evaluates the current system; evaluates
the resource needs and do some comparative analysis to determine the direction
from a capital prospective. He said the
State matches what the Federal government funds as a loan program. He said currently the interest rate is 2.62%,
and is a pretty good deal for small municipalities. He outlined some of the areas that have
issues and the complex plant needs. Mr.
Bloetscher further said that the state requires you to look at all the options
and come up with cost analysis. He said the projected costs for the staff
recommended capital projects would be about a $5 million dollar plan. Mr. Bloetscher said one benefit of the SRF
program is that you don’t have to start paying on it until the project is done
and he explained the process. He said basically everything on the facilities
plan is fundable. He said at the meeting
on the 27th they will be coming back for an approval of the
facilities plan, and it will go through a State clearing house process; then
they go forward and apply for the projects.
Mr. Bloetscher spoke about the comparisons of the loans and said the
interest rate is less for the SRF funds and outlined the details including
payback requirements, fees and benefits and will provide the loan application
documents.
Vice Mayor Cangemi asked if there will be enough water to the residents
once the projects are started. Mr.
Shields replied that there will be no impact to the residents whatsoever.
Mr. Sala questioned whether the proposed 5 million was enough if they had
the infiltration system issues mixed in.
Mr. Bloetscher said the water plant upgrades looks right at 5
million. He said the wastewater side
could be additional dollars.
Commissioner Moyle said regarding the state mandate regarding water use
in the next 10 years, can we retrofit our plant to have a sewage treatment
facility. Mr. Shields answered “no”,
because we don’t have the land to do it, nor the funds or if it could be
permitted. Mr. Bloetscher said he would evaluate that and bring it back.
iii.
RFQ
Process for Water Plant Improvements
Mr. Goren referenced the memorandum of March
ll, 2008 and reviewed the steps to proceed in the process of consideration and
approval of the ranking for the design/build services. He referenced F.S. 287.055 and read into the
record the components to be considered as Commission listens to the
presentations of the proposers, so they can then rank the firms based solely on
the criteria. Mr. Goren said the Commission
shall select in order of preference the firm deemed to be the most highly
qualified to perform the required services.
Further, Mr. Goren said in determining whether the firm is qualified the
Commission shall consider such factors as:
1)
the ability of the professional personnel
2)
whether the firm is a certified minority business
enterprise
3) past performance
4) willingness to meet
time and budget requirements
5) location of the
proposer
6) recent, current and
projected workloads of the firm
7) the volume of work
previously awarded to each firm by the City
8) The City may
request, accept and consider proposals for the compensation to be paid under
the contract only upon competitive negotiation
Mr. Goren indicated that it is not mandatory,
but considerate, that presenters not be present in the room during each other’s
presentation and that each presenter has ten minutes to present.
·
Presentations:
Chen & Associates and U.S. Water Corporation
U.S. Water representatives left the room.
The first presenter was Chen & Associates, represented by,
President, Peter Moore; Dr. Chen, the Founder and Chairman; Dale Walker and
Jose Reyes of C& W Engineering and Walt Messer of DN Higgins. Mr. Moore
gave a power point presentation and handout to the Commission. A copy is available for review in the office
of the City Clerk. After the power point
presentation here was a brief question and answer session between the
Commission and the presenters.
The next presenter was U.S. Water , represented by Gary Dermer,
President. Mr. Dermer introduced Brad
LaBella, Project Manager; Alan Schwab; Electrical Engineer; Mike Harper;
Engineer; Chris Saliba; Installation
team. Mr. Dermer passed out a handout
and presented a power point presentation.
A copy is available for review in the City Clerk’s office.
After presentations Mr. Goren reiterated the process of ranking to the
Commission. The Commissioners each voted
on paper their ranking preference. City
Attorney Goren and Interim Clerk Vancheri tabulated the results. The vote was 3 to 2 in favor of Chen &
Associates.
iv.
RESOLUTION:
Design/Build Services for
the City’s Water Plant (RFQ # 08-01-298)
A RESOLUTION
OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SETTING AND
ACCEPTING THE RANKING OF RFQ #08-01-298 FOR DESIGN/BUILD SERVICES FOR CAPITAL
IMPROVEMENTS TO THE CITY WATER PLANT AS PER SECTION 1 BELOW; AUTHORIZING THE
CITY MANAGER, CITY ATTORNEY AND STAFF TO NEGOTIATE AND EXECUTE AN ACCEPTABLE
AGREEMENT WITH THE TOP RANKED FIRM AS PER SECTION 1 BELOW; AND PROVIDING AN
EFFECTIVE DATE.
City Attorney suggested a motion to accept Chen & Associates as the
top ranked firm for the record. Motion
was made by Vice-Mayor Cangemi. Seconded
by Commissioner Frankel. City Clerk polled the Commission.
Commissioner Moyle - No. Commissioner Hilton – No. Commissioner Frankel – Yes. Vice Mayor Cangemi – Yes. Mayor Brady – Yes.
RESOLUTION NO. 08-03-5313 PASSED
AND ADOPTED BY A 3-1 VOTE.
10.
REPORTS
a.
North Lauderdale Housing Authority (Verbal - Tammy Reed-Holguin)
Tammy Reed Holguin addressed the Commission with a report on the Housing
Authority Committee which was created in 1993 and is still active. Ms. Holguin said it was created with the
purpose of supporting programs that would protect the housing stock in
Other cities represented are
Commissioner Moyle said it is important that we actively pursue funding
from foundations such as the Ford Foundation who wants to assist to prevent
urban blight. He said the money is
available and we need to help them decide what to do with it. Ms. Holguin said that part of the discussion
of the Committee was how to best use funding to bring people out of a
situations if it became available.
Commissioner Frankel asked if the money available was for sustaining
people in their homes before they lose it or abandon it. Ms. Reed said the Ford Foundation and
b.
Sports Complex Concession Stand Operation (Mike Sargis)
Mr. Sargis said he wants to update on the Sports Complex before the
baseball season starts. He said last
year they spent right around $8,500.00 to operate the concession stand and
barely broke even. He said they met with
a vendor who runs a concession for other neighboring cities and they are
interested in taking over the operation of the concession stand. Mr. Sargis said they will provide us with 40%
of the net profits made on a monthly basis, and provide sales slips on a weekly
basis. Mr. Sargis said this will assist
in ways to reduce the operating costs.
He said the staff impacted by this are on call seasonal staff, so there
are no permanent members of the staff impacted by loss of hours.
He said the vendor would be able to provide better service than has been
provided to date and it would be a win/win situation. Mayor Brady said it seems to be the best
thing to do.
11.
COMMISSION COMMENTS
a.
Discussion and possible motion to direct the
City Attorney to draft a Resolution Opposing HB-991 (Jack Brady)
City Attorney Goren said House Bill 991 is a serious bill that may well
have legs. He gave memoranda regarding
the bill, and said that essentially it is a unique way of gaining control in
giving public access to the Commission meetings and digs deep into the process
of local government and home rule power.
Mr. Goren explained the bill and the impact. Mr. Goren also spoke about a companion House
Bill 1113 and expounded on that proposed bill and its impact. Commissioner Frankel and Mayor Brady
discussed possibly having the City’s lobbyist address these issues in
Commissioner Frankel made a
motion to direct the City Attorney to draft resolutions opposing House Bill 991
and House Bill 1113 and to encourage the lobbyists to work on the issues. Seconded by Vice Mayor Cangemi. All yes.
b.
Discussion and possible motion to appoint a
committee to find a City Clerk (Rich
Moyle)
Commissioner Moyle said he spoke with City Attorney and they discussed
issues regarding obtaining a City Clerk.
He suggested getting a committee of City Clerks from around the County
that would interview and recommend a City Clerk. Mr. Moyle said there were other issues
regarding pay equity and a Committee might be able to come up with a concrete
path to take in getting a City Clerk. He
further said he wants to make sure the funding is correct to attract a City
Clerk, and also that the Deputy Clerk needs to be adjusted. Mayor Brady said to go back out again, even
though the job market may make people afraid to move. Commissioner Frankel and Mayor Brady both
mentioned the Broward Clerks Association and the Broward and Florida League of
Cities which had advertised the position before. Mr. Goren said when he spoke to Commissioner
Moyle he had told him that the Clerks would most likely not actively seek
applicants, but may know applicants who may want to apply for the job. Mr. Goren further said that one of the
principal things to do would be to re-advertise and then when there are
applicants you can maybe get a panel of nearby Clerks to assist in interviewing
since it is a small community of people who know what the job entails. He said he would be happy to help in drafting
a new advertisement and in the application process. Mr. Sala said the job is still on the website
and still being advertised.
A motion was made by
Commissioner Moyle to readverstise the City Clerk position. Seconded by Vice Mayor Cangemi. All yes.
12.
CITY MANAGER COMMENTS
a.
Budget Retreat –
City Manager Sala said he would like to schedule a budget retreat; would
like to discuss some legislative issues; budget revenues and also the loss in
the ad valorem he is expecting.
Commission discussed the date and came to the consensus that Saturday,
April 19, 2008 at 8:00 a.m. would be a good date.
Mr. Sala congratulated Mayor Brady on completing 20 years in office and
mentioned that coming up on April 5th there would be some events coming up to
commemorate that along with opening day of baseball ceremonies and field and
park dedication.
13.
CITY ATTORNEY COMMENTS
a.
Status of
Storm Debris RFQ (Sam Goren)
Mr. Goren gave an update on the status of the storm debris RFQ and
referred to his memorandum regarding the submitted proposals and asked for
direction of the Commission in how to handle the review process.
Vice Mayor Cangemi made a
motion to schedule a special meeting to short list the proposers. After discussion it was agreed to schedule
the Special Meeting for 6:00 p.m. on Thursday, March 27, 2008 before the
regularly scheduled Commission meeting.
Seconded by Commissioner Frankel.
All in favor.
14.
ADJOURNMENT - There being no
further discussion, meeting adjourned at
8:03 p.m.
Respectfully submitted,
Patricia Vancheri,