CITY OF NORTH LAUDERDALE

COMMISSION MEETING

 

TUESDAY, MAY 29, 2007

 

WORKSHOP – 6:00 P.M.

 

REGULAR MEETING – 7:00 P.M.

 

MINUTES

 

The North Lauderdale City Commission met on May 29, 2007 at the Municipal Complex.

The meeting convened at 7:00 p.m.

 

1.         INVOCATION AND PLEDGE OF ALLEGIANCE –  Mayor Brady

 

2.         ROLL CALL

            Mayor Jack Brady

            Vice Mayor Rich Moyle

            Commissioner Gary Frankel

            Commissioner John Cangemi

            Commissioner David Hilton

            City Manager Richard Sala

            City Attorney Jim Cherof

            Deputy Clerk Patricia Vancheri

 

3.         MINUTES:    Commissioner Gary Frankel made a motion to approve the Minutes of May 4, 2007; May 8, 2007 and May 17, 2007 as submitted.  Commissioner Cangemi seconded the Motion.  All yes.

 

4.                  PRESENTATIONS

 

a.      Proclamation – Code Enforcement Officers Appreciation Week

 

Deputy Clerk read the Code Enforcement Officers Appreciation Week Proclamation and Mayor Brady presented it to Tammy Reed-Holguin and Jesus Valdes.

 

5.         PUBLIC DISCUSSION

 

Senator Jeremy Ring:  Mr. Ring addressed the Commission and thanked them for coming to his office in Tallahassee this year and said he is enjoying the relationship he has developed with the City Manager. He said when he campaigned he knocked on 25,000 doors and one of the things he doesn’t want to do is be a politician that only comes around at campaign time, never to be seen again.  He gave a legislative update on where things stand with property tax reform, insurance crises and major storm issues and how it will affect the city.   He is pushing to support a catastrophic fund.  Mr. Sala thanked Mr. Ring for his help in bringing the issues to Tallahassee.

 

The following speakers all addressed the Comission with regard to the MBPFF collective bargaining agreement and other matters related to the fire department:

 

John Barry, 2536 Glendale Court, Palm Beach

Ian Sargent, 3430 SW 18 St, Fort Lauderdale

John McNamara, Sunrise

Kevin Mulqueen, 940 SW Garden Blvd, Palm City

Maryellen Peller, Tamarac

Bill McGrath, 17809 60th Lane

Diane Chobol, 1950 SW 81 Ave, North Lauderdale

Tim Kaczynski, 659 august, Palm Bay

Juan Linares, 320 SW 77 Ave, North Lauderdale

George Farrell, 4580 NW 113 Terrace, Sunrise

 

 

6.                  QUASI-JUDICIAL ITEMS - None

 

 

7.                  ORDINANCES SECOND READING - None

 

 

8.                  CONSENT AGENDA

 

Vice-Mayor Moyle moved to read the consent agenda.  Seconded by Commissioner Cangemi.  All yes.  Attorney read:

 

a.      RESOLUTION:  Change in Signatories – SunTrust Bank

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL SUNTRUST ACCOUNTS AS SET FORTH ON THE DEPOSIT ACCOUNT RESOLUTION AND AUTHORIZATION FOR BUSINESS ENTITIES, THE BUSINESS ACCOUNT SIGNATURE CARD, AND SCHEDULE A TO FUNDS TRANSFER AGREEMENT, AND, PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION:  07-05-5229

 

b.      RESOLUTION:  Change in Signatories – State Board of Administration

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL STATE BOARD OF ADMINISTRATION, LOCAL GOVERNMENT SURPLUS FUNDS INVESTMENT POOL ACCOUNTS AS SET FORTH ON THE INVESTMENT POOL SYSTEMS INPUT DOCUMENT FORM, AND, PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION:  07-05-5230

 

c.       RESOLUTION:  Change in Signatories – Bank of New York Safekeeping Account

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL BANK OF NEW YORK ACCOUNTS AS SET FORTH ON THE CERTIFICATE OF AUTHORIZED PERSONS, AND, PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION:  07-05-5231

           

d.      RESOLUTION:   Approval to Update Access List to the Information Technology Safety Deposit Box

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO UPDATE THE LIST OF AUTHORIZED USERS FOR ALL SUNTRUST SAFETY DEPOSIT ACCOUNTS AND THE SAFETY DEPOSIT ACCOUNT SIGNATURE CARD, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION:  07-05-5232

 

e.      RESOLUTION:  Declare Equipment Surplus and authorize the Annual Auction Date

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, DECLARING THE ATTACHED LIST OF EQUIPMENT (EXHIBIT A) AS SURPLUS AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO HOLD THE CITY’S ANNUAL AUCTION ON   SATURDAY, JUNE 2, 2007 AND AUCTION ALL ITEMS DECLARED SURPLUS ON MAY 8, 2007 AND MAY 29, 2007; AUTHORIZING AND DESCRIBING THE MANNER OF DISPOSAL OF SAME; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION:  07-05-5233

 

f.        RESOLUTION:  Information Technology Surplus Equipment for City Auction

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE SURPLUS OF TWENTY FIVE (25) PC’S, TWENTY FIVE (25) MONITORS, TWENTY THREE (23) PRINTERS, SIX (6) SERVERS AND THIRTEEN (13) MISCELLANEOUS PERIPHERAL DEVICES LISTED BELOW FROM THE INFORMATION TECHNOLOGY/FINANCE INVENTORY TO BE AUCTIONED AT THE NEXT CITY AUCTION; PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION:  07-05-5234

 

g.      RESOLUTION:  Repeal Resolution 02-01-4315 – Declaration of Trust

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, REPEALING RESOLUTION NO. 02-01-4315 ADOPTED JANUARY 8, 2002; DISSOLVING THE DECLARATION OF TRUST CREATED PURSUANT TO RESOLUTION NO. 02-01-4315; DIRECTING THE FUNDS PREVIOUSLY ALLOTTED FOR THE TRUST TO BE PLACED INTO THE CITY’S GENERAL FUND TO BE USED TO PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS AND RESIDENTS OF THE CITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION:  07-05-5235

 

Vice-Mayor Moyle moved to adopt the consent agenda as read.  Seconded by Commissioner Cangemi.  All yes.

 

CONSENT AGENDA APPROVED UNANIMOUSLY.

 

9.                  OTHER BUSINESS

 

Commissioner Frankel made a motion to read.  Commissioner Cangemi seconded the motion.  Attorney read:

 

a.      RESOLUTION:  C. Milli Dyer, City Clerk Emeritus

 

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, RECOGNIZING THE COMMITTED PUBLIC SERVICE OF FORMER CITY CLERK C. MILLI DYER; RECOGNIZING THAT C. MILLI DYER HAS DEDICATED THIRTY-NINE (39) YEARS TO THE CITY OF NORTH LAUDERDALE, SERVING IN THE CAPACITY OF CITY CLERK FOR THIRTY-EIGHT (38) OF THOSE YEARS; ACKNOWLEDGING THAT DURING HER YEARS OF SERVICE, C. MILLI DYER HAS PROFESSIONALLY AND COMPETENTLY RENDERED CITY CLERK SERVICES; AND THAT SHE HAS PERFORMED AT A CONSISTENTLY HIGH LEVEL WHILE WORKING UNDER SEVERAL CITY MANAGERS AND SERVING NUMEROUS MAYORS AND CITY COMMISSIONERS; RECOGNIZING THAT ON THE OCCASION OF THE RETIREMENT OF C. MILLI DYER, THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE DESIGNATES HER AS “CITY CLERK EMERITUS” EFFECTIVE IMMEDIATELY AND FROM THIS DAY FORWARD TO BE RECOGNIZED IN ALL PUBLIC MATTERS PROVIDED WITHIN THE CITY OF NORTH LAUDERDALE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION:  07-05-5236

Mayor Brady said they all love Milli and it has been a great ride.  The City will honor her with a retirement party and welcomes her to the city any time.  Milli spoke and said how much she has enjoyed her time with the city.   

 

Commissioner Frankel made a motion to read.  Seconded by Commissioner Cangemi.

All yes.  Attorney read:

 

b.      ORDINANCE:  First Reading  - Mid-Year Budget Review (3/31/07) and Year-End Financial Forecast

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING ORDINANCE NO. 06-09-1176 BY WHICH THE CITY COMMISSION DID ADOPT THE BUDGET OF THE CITY OF NORTH LAUDERDALE FOR THE 2006/2007 FISCAL YEAR, TO PROVIDE FOR THE RECOGNITION OF THE RECEIPT OF INCREASED REVENUES IN THE TOTAL AMOUNT OF $3,963,334; DESIGNATING THE SOURCES OF THE INCREASED REVENUES; DESIGNATING THE AUTHORIZED EXPENDITURE FOR THE INCREASED REVENUES AS PROVIDED HEREIN; PROVIDING FOR CONFLICTS, SEVERABILITY, AND, PROVIDING FOR AN EFFECTIVE DATE.

 

City Manager advised the Commission that this was the workshop item explaining the housekeeping measures.  No further discussion was necessary.  Commissioner Frankel made a motion to adopt on first reading.  Seconded by Commissioner Cangemi.  All yes.

 

ORDINANCE PASSED ON FIRST READING UNANIMOUSLY.

 

 

Commissioner Frankel moved to read.  Commissioner Cangemi seconded.  Attorney read:

c.       ORDINANCE:  First Reading - Amending the City of North Lauderdale Code of Ordinances to reflect appropriate terminology revisions.

 

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA AMENDING THE CITY CODE OF ORDINANCES TO REPLACE ALL REFERENCES TO THE TERM “OCCUPATIONAL LICENSE TAX” WITH “LOCAL BUSINESS TAX” AND ALL REFERENCES TO THE TERM “OCCUPATIONAL LICENSE” WITH “LOCAL BUSINESS TAX RECEIPT” THROUGHOUT THE CITY’S CODE OF ORDINANCES, AND TO SPECIFICALLY AMEND CHAPTER 86 TO BE CONSISTENT WITH STATUTORY LANGUAGE, TO REPLACE ALL REFERENCES IN CHAPTER 86 TO CITY CLERK WITH COMMUNITY DEVELOPMENT DEPARTMENT, AND TO AMEND SECTIONS 86-29 THROUGH 86-32 RELATING TO CONDITIONS, TRANSFERS AND PENALTIES; TO REPLACE ALL REFERENCES TO THE SOUTH FLORIDA BUILDING CODE WITH FLORIDA BUILDING CODE THROUGHOUT THE CITY’S CODE OF ORDINANCES, PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.

 

Tammy Reed-Holguin presented the item.  She advised that due to the Florida Legislation amended the Florida Statutes changing references from occupational licenses to local business tax receipt.  Because of the new language it is necessary to change the City Code of Ordinances.  She also said that in 1995 the City undertook an equity study process and there were several changes that were proposed that may have improved the application process.  Many changes have been made administratively and she would like to make them a part of the code at this time.

Commissioner Frankel moved to approve.  Seconded by Commissioner Hilton.  All yes.

 

ORDINANCE PASSED ON FIRST READING UNANIMOUSLY.

 

Commissioner Frankel made a motion to read.  Seconded by John Cangemi.  All yes.

Attorney read:

 

d.      ORDINANCE:  First Reading - Proposed Fee Schedule Revision (Article 1, Section 4 of Appendix F) - To Modify Local Business Tax (Occupational License Fees) and associated processing fees

 

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING ARTICLE 1, SECTION 4, OF APPENDIX F  OF THE CODE OF ORDINANCES OF THE CITY OF NORTH LAUDERDALE, ENTITLED OCCUPATIONAL LICENSE TAX, TO INCREASE BY FIVE PERCENT (5%) OF THE CURRENT RATE STRUCTURE FOR OCCUPATIONAL LICENSES AND INCREASES TO PROCESSING/INSPECTION FEES BASED ON HOURLY SURCHARGE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION; PROVIDING FOR AN EFFECTIVE DATE.

 

Tammy Reed-Holguin advised the Commission that in 1995 the City undertook an equity study commission and after going through that process, was able to increase the occupational taxes up to 5% every other year.  She said she is proposing an ordinance that will increase the occupational license, which will now be known as local business taxes, by the statutory limit of 5%.  Also proposing to increase the processing and inspection fees that are not limited by the statute, increasing those based on an hourly surcharge. She said they are cleaning up the code to delete the annual fire inspection fees which are covered through the assessment and are increasing the fire re-inspection fees to $100.00 if there is a failed annual inspection and the inspectors have to go out on a second inspection.  The ordinance will also endorse the change of title by the previous ordinance and revises the local business tax renewal notice period from August 1st and people can now be notified as early as July 1st and local business tax receipts will still be good until September 30th.  Tammy said once the ordinance is adopted, it will apply to all

new local business tax receipts issued after the effective date and to all renewals for the upcoming year.  The proposed effective date to be adopted is no later than July 2, 2007.

On commission discussion, Vice-Mayor Moyle mentioned that when this passed in 1995 some of the individual costs of certain licenses seemed inequitable, some less than others, and wanted to know if those individual fees could be adjusted.  Tammy replied that the statute only speaks to the increase of 5%, it does not let you change categories or

allow you to add or delete categories.  She said they are limited as to what they can do with occupational licenses.  Vice-Mayor Moyle asked if there is an ability to decrease any fees by 5% and City Attorney Cheroff said if you can find a formula for that the answer would be yes.  Mr. Moyle said it should be looked into.  Mayor Brady asked about the home licenses fees and Tammy said it depends on the type of business operated from the home.  City Manager Sala said that they could produce a list before the second reading in case there is anything the state statute allows you to do and that may need attending to.

Commissioner Frankel moved to adopt.  Seconded by Commissioner Hilton.  All yes.

 

ORDINANCE PASSED ON FIRST READING UNANIMOUSLY.

 

10.              REPORTS

 

a.      Wal-Mart Town Center Update - Verbal - (Susan Motley)

 

Susan Motley addressed the Commission with good news that the contract is fully executed between Wal-Mart and McGill Development Corporation to develop the entire site for the super center as well as the town center development.  She said they are open to any names the City comes up with for the center, since there was a concern that the name “The Commons” was being used too frequently.  The contract is set up that McGill will be doing all of the site work with the exception of the pad for the Wal-Mart Super Center.  Wal-Mart will choose its own contractor for the super center itself.  She said there was tremendous interest in the project at the ICSC and many tenants are interested, including a hotel group that has already done two different designs and are doing some market studies on which would be most appropriate in there.  The hotel is approved for 75 rooms at this point.  But may be able to get up to 100 rooms.  She talked to David Ewing, the Wal-Mart real estate manager, who said that construction will be starting on the project by July.  Kimley-Horn is finishing up some permits within the next two weeks, and will be coming back for approval.   Mayor Brady asked about restaurants interested and Susan said yes, several, and they are trying to decide the mix and focus right now on the lead front restaurant and it is in the process.  City Manager Sala requested that Mr. McGill come by to address the commission and Susan will emphasis the request to him.  Commissioner Hilton asked if there was any interest in the old Wal-Mart building.  Susan said there apparently has been a contract signed, but does not know the name yet.  Commissioner Cangemi asked when we will know the tenants.  Susan said they typically don’t sign deals until construction is well under way, but is told there is a lot of interest.

 

b.      Upcoming Utility Billing Ordinance/Operational Procedures Revisions  - (M. Shields and B. Raducci)

 

Mike Shields addressed the Commission about billing and operational procedures that have not been changed since the 1990’s.  He said there are some billing issues with the 63 day cycle and wants to look into other billing options and ways to pay the bills, which will be more cost effective.  He said the ordinances need to be cleaned up to enhance the operation.  Mr. Sala said they are looking to bring back an amendment to the ordinance for a first and second reading, which will include some of the issues and actual actions to be taken, and will come back with a recommendation to show some savings and efficiency. 

 

11.              COMMISSION COMMENTS

 

Upon request, Mayor Brady allowed Mr. Alan Flores, of Brown and Brown Insurance Agency to speak.  Mr. Flores said a colleague had come before the commission last year before insurance renewal time.  He discussed his company and coverages and would like offer a quote to the city this year with an RFP and hopes to offer a competitive quote for the city.

 

12.              CITY MANAGER COMMENTS - None

 

 

13.              CITY ATTORNEY COMMENTS - None

 

14.              ADJOURNMENT

 

RESPECTFULLY SUBMITTED

 

 

_____________________________

PATRICIA VANCHERI

Deputy City Clerk