Regular City Commission Meeting
Regular MeetingHollywood, FL · March 15, 2017
Minutes
City of Hollywood
Hollywood City Hall
2600 Hollywood Blvd
Hollywood, FL 33020
http://www.hollywoodfl.org
Meeting Minutes - Final
Wednesday, March 15, 2017
1:00 PM
Commission Chambers Room 219
Regular City Commission Meeting
CITY COMMISSION
Josh Levy, Mayor
Traci Callari, Vice Mayor - District 3
Debra Case, Commissioner - District 1
Peter Hernandez, Commissioner - District 2
Richard Blattner, Commissioner - District 4
Kevin Biederman, Commissioner - District 5
Linda Sherwood, Commissioner - District 6
Dr. Wazir Ishmael, City Manager
Jeffrey P. Sheffel, City Attorney
Patricia A. Cerny, City Clerk
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
. The Regular City Commission Meeting of the City of Hollywood, Florida, was called to
order by Mayor Levy on Wednesday, March 15, 2017 at 1:06 PM in the City Commission
Room, Room 219, Joseph W. Watson Circle, Hollywood, Florida.
1. Moment of Silence
2. Pledge of Allegiance
3. Recognition of Veterans, Active Service Personnel & Their Families
4. Roll Call
Present: Commissioner Debra Case, Commissioner Peter Hernandez, Vice
Mayor Traci Callari, Commissioner Richard Blattner, Commissioner
Kevin D. Biederman, Commissioner Linda Sherwood and Mayor Josh
Levy
4A.
Mayor Levy announced the letter received from City Attorney Jeffrey
Sheffel requesting a 30 day leave of absence.
ACTION: Motion was made by Commissioner Blattner to approve
a 30 day leave of absence for City Attorney Jeffrey Sheffel and
appoint Alan Fallik as Temporary Acting City Attorney. The
motion was seconded by Commissioner Case.
Discussion ensued among members of the Commission on the motion
and whether the leave is with pay or without pay; and the request for a
last chance agreement.
ACTION: Motion was made by Commissioner Callari to amend the
motion by not granting the 30 day leave and request a resignation
from Mr. Sheffel. The motion died due to lack of a second.
Discussion ensued among members of the Commission.
Tammie Hechler, Director of Human Resources, informed the
Commission that Mr. Sheffel has over 800 hours accrued on the books, it
is up to his supervisor (the Commission) to approve or deny the leave.
City of Hollywood Page 1
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
Commissioner Hernandez arrived at the meeting at 1:14 PM.
Discussion ensued among members of the Commisssion.
ACTION: Motion was made by Vice Mayor Callari to amend the
motion to approve the 30 day leave of absence on the conditions
that sick leave be utilized and the employee executes a last
chance agreement. The motion was seconded by Commissioner
Hernandez. On voice vote, the motion failed 2-5. Commissioner
Case, Commissioner Blattner, Commissioner Biederman,
Commissioner Sherwood and Mayor Levy were opposed.
Commissioner Hernandez requested support to have an agenda item on
the next agenda to discuss the City Attorney's ability to run the office and
employee treatment. Vice Mayor Callarri supported the request.
Discussion ensued among members of the Commission on the motion
on the floor.
Commissioner Sherwood left the meeting at 1:43 PM and returned at
1:46 PM.
Discussion ensued among members of the Commission on the motion
on the floor.
The following individuals expressed personal opinions/concerns:
1. Jasmine Knight, South Broward High School
2. Jason Romage, South Broward High School
Discussion ensued among members of the Commission on the motion
on the floor.
ACTION: Motion was made by Commissioner Hernandez to
amend the motion to restrict key card access and restrict email
access as part of the leave of absence. The motion was seconded
by Vice Mayor Callari. On voice vote, the motion to amend passed
6-1. Vice Mayor Callari was opposed.
ACTION: On voice vote the motion as amended to grant sick leave
of absence passed 5-2. Vice Mayor Callari and Commissioner
Hernandez were opposed.
City of Hollywood Page 2
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
4B.
The City Commission recognized the South Broward High School
students in attendance.
Commissioner Callari recognized Zachary Myers for his eagle scout
project.
Zachary Myers thanked the Commission for the recognition.
CONSENT AGENDA
Approval of the Consent Agenda
ACTION: A motion was made by Commissioner Blattner,
seconded by Commissioner Sherwood, to adopt the Consent
Agenda. The motion passed unanimously. (7-0)
5. R-2017-062 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving The Regular City Commission Meeting Minutes Of July 6,
2016.
ACTION: This Resolution was moved by Commissioner Blattner,
which was seconded by Commissioner Sherwood, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
6. R-2017-063 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Expressing Support For House Bill 6003, Which Deletes From Section
509.032(7), Florida Statutes, Restrictions Preventing Local Laws,
Ordinances, Or Regulations From Prohibiting Vacation Rentals And
From Regulating The Duration Or Frequency Of Rental Of Vacation
Rentals; Urging The Florida Legislature To Adopt The Legislation And
Governor Rick Scott To Support And Approve The Legislation; Providing
For An Effective Date.
ACTION: This Resolution was moved by Commissioner Blattner,
which was seconded by Commissioner Sherwood, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
7. R-2017-064 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Urging The Florida Legislature To Preserve Intact The Enterprise Florida,
The Florida Small Business Development Center, And Visit Florida And
Other Programs Which Have Helped Make Florida A Leader In Job
Growth And Economic Diversification.
City of Hollywood Page 3
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
ACTION: This Resolution was moved by Commissioner Blattner,
which was seconded by Commissioner Sherwood, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
8. R-2017-065 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing An Expenditure Of State Law Enforcement Forfeiture Funds
To Defray Expenses/Costs Associated With Sponsoring Special Law
Enforcement Events And Programs In The Amount Of $20,548.95.
ACTION: This Resolution was moved by Commissioner Blattner,
which was seconded by Commissioner Sherwood, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
9. R-2017-066 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing An Expenditure Of Law Enforcement Forfeiture Funds To
Defray Expenses/Costs Associated With The Seizure And Processing
Of Forfeiture Cases In The Amount Of $20,181.18.
ACTION: This Resolution was moved by Commissioner Blattner,
which was seconded by Commissioner Sherwood, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
10. R-2017-067 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Expenditure Of Federal Law Enforcement Forfeiture
Funds Pursuant To The Federal Comprehensive Crime Control Act To
Provide Funding For Specialized Law Enforcement Training, Law
Enforcement Investigations (Inclusive Of Overtime, Confidential Informant
Fees), And The Acquisition Of Law Enforcement Equipment In An
Amount Not To Exceed $151,481.63
ACTION: This Resolution was moved by Commissioner Blattner,
which was seconded by Commissioner Sherwood, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
12. R-2017-069 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Adopting The Attached Sustainability Action Plan And Providing For An
Effective Date.
Lindsay Nieratka, Environmental Sustainability Coordinator, provided a
presentation on the intent of the resolution and presented the
sustainability action plan.
Nancy Fowler, 2616 Coolidge Street, expressed personal
opinions/concerns.
Discussion ensued among staff and members of the Commission.
City of Hollywood Page 4
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
ACTION: Motion was made by Commissioner Sherwood, which
was seconded by Vice Mayor Callari, to adopt the Resolution. On
a voice vote the motion passed unanimously. (7-0)
13. R-2017-070 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Accept A Grant In The
Amount Of $150,000.00 From The Florida Department Of Law
Enforcement For Street Lighting Upgrades In The Liberia Community;
Amending The General Capital Outlay Fund (34) Of The Fiscal Year
2017 Operating Budget Adopted And Approved By Resolution
R-2016-284, As Amended, And As Detailed In The Attached Exhibit 1;
Revising And Recognizing Operating Revenues; Authorizing Budgetary
Adjustments And Appropriations; Authorizing The Department Of
Financial Services To Establish The Accounts To Properly Monitor And
Track The Revenues And Appropriations As Needed; And Further
Authorizing The Appropriate City Officials To Execute All Applicable
Grant Documents And Agreement.
Gregory Gibson, Assistant Director of Public Works, provided a
presentation on the intent of the resolution and explained the proposed
lighting upgrade project.
Commissioner Biederman left the meeting at 2:30 PM and returned at
2:37 PM.
Jillian Mezo, South Broward High School, 811 N 32nd Avenue,
expressed personal opinions/concerns.
Martha Caneja, Florida Power and Light Streetlight Manager, provided
additional information.
Discussion ensued among staff and members of the Commission.
Sylvia Glazer, Director of Public Works, provided additional information.
Commissioner Biederman left the meeting at 2:47 PM.
ACTION: Motion was made by Vice Mayor Callari, which was
seconded by Commissioner Hernandez, to adopt the Resolution.
On a voice vote the motion passed 6-0. Commissioner Biederman
was absent.
14. PO-2017-04 An Ordinance Of The City Of Hollywood, Florida, Amending Section
32.02 Of The Code Of Ordinances; To Provide That The Compensation
Of The Members Of The City Commission Shall Be Set By Resolution.
City of Hollywood Page 5
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
George Keller, Assistant City Manager for Finance and Administration,
explained the intent of items 14 and 15.
Mayor Levy announced the ordinance was advertised in conformance
with City Codes and State Statutes, the public hearing was opened,
being that there was no one present who wished to speak, the public
hearing was declared closed.
Discussion ensued among staff and members of the Commission.
Commissioner Biederman returned to the meeting at 2:51 PM.
Alan Fallik, Acting City Attorney, responded to concerns raised by the
Commission.
The City Clerk read the title of the ordinance on second and final reading.
ACTION: Motion was made by Commissioner Blattner, which was
seconded by Commissioner Sherwood, to adopt on second and
final reading the Ordinance. The motion on roll call vote carried:
Aye: Commissioner Case
Commissioner Blattner
Commissioner Biederman
Commissioner Sherwood
Mayor Levy
Nay: Commissioner Hernandez
Vice Mayor Callari
Enactment No: O-2017-02
4A.
Vice Mayor Callari clarified her no vote on the issue of the City Attorney.
15. R-2017-071 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Establishing The Compensation Of The Members Of The City
Commission.
ACTION: Motion was made by Commissioner Blattner, which was
seconded by Commissioner Sherwood, to adopt the Resolution.
On a voice vote the motion passed 5-2. Commissioner Hernandez
and Commissioner Callari were opposed.
16. PO-2017-05 An Ordinance Of The City Of Hollywood, Florida, Amending The
Subchapter Of Chapter 33 Of The Code Of Ordinances Titled
“Firefighter’s Pension And Retirement”; Amending Section 33.035 Of
City of Hollywood Page 6
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
The Code Of Ordinances Regarding The Definition Of “Beneficiary”.
ACTION: Motion was made by Vice Mayor Callari, which was
seconded by Commissioner Blattner, to continue the Ordinance
until the May 3, 2017 Regular Commission Meeting. On a voice
vote the motion passed unanimously. (7-0)
17. R-2017-048 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute
The Attached Memorandum Of Understanding Between The City And
The International Association Of Fire Fighters, Local # 1375 (“IAFF”)
Amending Article 28 Section 1 To Allow For Modification Of The
Definition Of “Beneficiary” Contained In The City Of Hollywood
Firefighters’ Retirement System (“Firefighters’ Pension Plan).
ACTION: Motion was made by Vice Mayor Callari, which was
seconded by Commissioner Blattner, to continue the Resolution
until the May 3, 2017 Regular Commission Meeting. On a voice
vote the motion passed unanimously. (7-0)
11. R-2017-068 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Renew The Attached
Blanket Purchase Order Between Cathedral Corporation And The City
Of Hollywood For Utility Bill Printing And Mailing Services For An
Estimated Annual Expenditure Of $265,000.00.
Discussion ensued among members of the Commission.
Steve Joseph, Director of Public Utilities, responded to questions raised
by the Commission.
Discussion ensued among staff and members of the Commission.
Commissioner Sherwood and Commissioner Blattner left the meeting at
2:57 PM and returned at 2:59 PM.
ACTION: Motion was made by Vice Mayor Callari, which was
seconded by Commissioner Biederman, to adopt the Resolution.
On a voice vote the motion passed unanimously. (7-0)
The Commission recessed at 3:04 PM and returned at 3:13 PM with
Commissioner Hernandez and Commissioner Biederman absent.
19. R-2017-058 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Considering A Request For Approval Of An Amendment To The
City of Hollywood Page 7
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
Nebraska Parking Garage Design And Site Plan (Originally Approved
By Resolution R-2016-067), Generally Located At 327 Nebraska Street
To Now Include A 303 Space Public Parking Garage; And Providing An
Effective Date. (14-DPSV-102a)
Alan Fallik, Acting City Attorney, explained the quasi-judicial procedures.
Commissioner Biederman returned to the meeting at 3:14 PM.
Mayor Levy questioned if there were any objections to waiving the
quasi-judicial procedures, being there was an objection, the
quasi-judicial procedures were not waived. The City Clerk swore in
persons who would testify.
Commissioner Hernandez returned to the meeting at 3:19 PM.
Richard Doody, Attorney for the Staff, entered as staff composite "Exhibit
One" the staff report. He stated staff resumes are on file. He asked to
declare Alexandra Carmarco, Principal Planner, as an expert witness
based upon her educational background.
The City Commission declared their ex-parte communications.
Alexandra Carcamo, Principal Planner, provided a presentation on the
proposed parking garage.
Commissioner Biederman left the meeting at 3:28 PM and returned at
3:29 PM.
Jorge Camejo, CRA Executive Director, provided additional information
on the proposed parking garage.
Vice Mayor Callari left the meeting at 3:32 PM and returned at 3:40 PM.
Commissioner Biederman left the meeting at 3:39 PM and returned at
3:39 PM.
The Commission questioned Jorge Camejo, CRA Executive Director.
Luis Lopez, City Engineer, responded to questions raised by the
Commission.
Mike Kaufman, Kaufman Lynn Construction, provided additional
information on the construction specifics of the garage and the cost
associated with it.
City of Hollywood Page 8
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
Commissioner Biederman left the meeting at 4:16 PM and returned at
4:18 PM.
Keith Emory, Construction Management Systems, provided additional
information on the estimated cost of the garage.
Vice Mayor Callari and Commissioner Biederman left the meeting at
4:32 PM.
Commissioner Hernandez left the meeting at 4:36 PM.
Commissioner Biederman returned to the meeting at 4:37 PM.
The following individuals expressed personal opinions/concerns:
1. Gil Grenier, 331 Nevada Street
Vice Mayor Callari returned to the meeting at 4:41 PM.
2. Henri Isacovitch, Riptide Hotel
3. Elizabeth Mart, 338 Roosevelt Street
Commissioner Biederman left the meeting at 4:44 PM and returned at
4:46 PM.
4. Bob Glickman, 3111 N. Ocean Drive
5. Tom Addis, 319 Nebraska Street
Commissioner Biederman left the meeting at 4:53 PM and returned at
4:54 PM.
6. Matthew Gouthro, 2330 NW 66 Terrace
The Commission members asked questions of Jorge Camejo, CRA
Executive Director.
Discussion ensued among members of the Commission.
Commissioner Blattner left the meeting at 5:17 PM and returned at 5:18
PM.
Discussion ensued among members of the Commission.
City of Hollywood Page 9
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
ACTION: Motion was made by Commissioner Case, which was
seconded by Commissioner Sherwood, to adopt the Resolution
with the conditions that a unity of title is obtained and the mural
must return to the City Commission for approval. On a voice vote
the motion passed 4-2. Vice Mayor Callari and Mayor Levy were
opposed. Commissioner Hernandez was absent.
19A.
Commissioner Biederman asked the Mayor for a moment of personal
privilege and recognized Kaelem McCaghren and Jacob Claytor for their
Eagle Scout projects.
Commissioner Hernandez returned to the meeting at 5:25 PM.
Commissioner Sherwood left the meeting at 5:27 PM.
18. R-2017-072 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Appointing Nine (9) To Eleven (11) Regular Members To The Charter
Review Committee.
Patricia Cerny, City Clerk, explained the intent of the resolution.
Alan Fallik, Acting City Attorney, provided information on dual office
holding.
Commissioner Sherwood returned to the meeting at 5:32 PM.
The following individuals expressed personal opinions/concerns:
1. Siobhan McLaughlin, 1409 Rodman Street
2. Donna O'Keefe, 400 S 57 Ave
3. Rozalia Williams
4. Stacey Kotzen, 1125 Satinleaf
5. Patricia Antrican, 2534 Fillmore Street
6. Cynthia Baker, 2128 N 14 Court
7. Mitchell Anton, 1900 VanBuren Street
8. Frank De Risi, 3505 S Ocean Drive
9. Frieda Dragif, 3421 N Park Road
10. Andrew Houghton, 1085 Papaya Street
11. Dan Casey, 4730 Pierce Street
12. Charles Monaco, 2444 Van Buren Street
13. Matthew Gouthro, 2330 NW 66 Terrace
Mayor Levy passed the gavel to Vice Mayor Callari and left the meeting
at 6:04 PM and returned at 6:05 PM.
City of Hollywood Page 10
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
14. Allan Libero, 2347 Harding Street
15. Jeff Barrett, 1450 Jefferson Street
16. Jeffrey Ladner, 4900 Washington Street
17. Solomon Schoonover, 1485 Windjammer Way
18. Jonathan Zucker, National Planning Corp.
19. Ivan Santiago, 1705 Johnson Street
20. Harrison Grandwilliams, 1720 Harrison Street
21. David Kout, 320 S 24 Avenue
22. Anne Hotte, Greater Hollywood Chamber of Commerce
Lorie Mertens-Black, Chief Civic Affairs Officer, provided additional
information.
ACTION: Motion was made by Vice Mayor Callari, which was
seconded by Commissioner Sherwood, to adopt the Resolution
appointing Frank DeRisi, Allan Libero, Dan Casey, Frieda Dragif,
Matthew Gouthro, Donna O'Keefe, Harrison Grandwilliams, Stacey
Kotzen, Ronald Rothschild, Solomon Schoonover and Rozalia
Williams. On a voice vote the motion passed unanimously. (7-0)
25. CITIZENS’ COMMENTS
Commissioner Case left the meeting at 6:44 PM and returned at 6:46
PM.
The following individuals expressed personal opinions/concerns.
1. Patricia Antrican, 2534 Fillmore Street
2. Ken Crawford, 2018 Fletcher Street
3. Andre Brown, 2316 Mayo Street
4. Bob Glickman, 3111 N. Ocean Drive
5. Susan Drake, 2305 Monroe Street
6. Maria Jackson, 2305 Fletcher Street
7. Pastor David Rosa, 321 N 71 Avenue
8. Howard Sher, 4223 Van Buren Street
9. Benjamin Israel, 3881 N 41 Court
20. P-2017-014 Presentation By Shiv Newaldass, Chief Development Officer, On The
Status Of University Station, 1203 North Federal Highway, Adams Street,
and Park Road Site.
Shiv Newaldass, Chief Development Officer, provided a presentation on
Adams Street, COSAC properties, 1203 N. Federal Highway, South
Park Road, University Station, and the Regional Activity Center.
City of Hollywood Page 11
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
Discussion ensued among staff and members of the Commission.
Commissioner Blattner left the meeting at 7:50 PM and returned at 7:51
PM.
Dr. Wazir Ishmael, City Manager, provided additional information.
Commissioner Hernandez left the meeting at 7:53 PM.
Discussion ensued among staff and members of the Commission.
21. R-2017-073 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute The Attached
Contract Between Envirowaste Services Group, Inc. And The City Of
Hollywood For The Gravity Sewer System Condition Assessment,
Renewal, And Replacement Program (A.K.A. Inflow/Infiltration Reduction
Program) (Level 2) - Excavated Point Repairs, As Identified In The
2007/2008 Wastewater System Master Plan, In The Amount Of
$1,166,705.00 (Project No. 16-7081).
ACTION: Motion was made by Commissioner Blattner, which was
seconded by Commissioner Sherwood, to adopt the Resolution.
On a voice vote the motion passed 6-0. Commissioner Hernandez
was absent.
22. R-2017-074 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute The Attached
Contract Between American Infrastructure Technologies Corporation
And The City Of Hollywood For The Gravity Sewer System Condition
Assessment And Renewal And Replacement Program (A.K.A.
Inflow/Infiltration Reduction Program) (Level 2), As Identified In The
2007/2008 Wastewater System Master Plan, In The Amount Of
$5,353,926.00; To Amend The Approved Fiscal Year 2017 Capital
Improvement Program, As Set Forth In Exhibit A (Project No. 16-7080).
ACTION: Motion was made by Commissioner Sherwood, which
was seconded by Commissioner Blattner, to adopt the
Resolution. On a voice vote the motion passed 6-0.
Commissioneer Hernandez was absent.
23. R-2017-075 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Amending The One Year Action Plans For Federal Fiscal Years
2013-2014 And 2015-2016 And The Local Housing Assistance Plan For
State Of Florida Fiscal Years 2015-2016 And 2016-2017; To Recognize
And Appropriate Community Development Block Grant (CDBG)
City of Hollywood Page 12
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
Program Income, Housing Investment Partnerships Program (HOME)
Program Income, Neighborhood Stabilization Program (NSP-1) Program
Income, State Housing Initiative Program (SHIP) Program Income; And
Amending The Fiscal Year 2017 Operating Budget (R-2016-284) As
Outlined In Exhibit 1 And Exhibit 2.
Commissioner Biederman left the meeting at 7:55 PM.
Mayor Levy announced the resolution was advertised in conformance
with State Statutes and City Codes, the public hearing was opened,
being there was no one present who wished to be heard, the public
hearing was declared closed.
ACTION: Motion was made by Vice Mayor Callari, which was
seconded by Commissioner Sherwood, to adopt the Resolution.
On a voice vote the motion passed 5-0. Commissioner Hernandez
and Commissioner Biederman were absent.
24. R-2017-076 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Amending The Procedures For Naming And Renaming Of Properties,
Facilities, Parks, Streets And Memorials.
Patricia Cerny, City Clerk, explained the intent of the resolution.
Commissioner Hernandez and Commissioner Biederman returned to the
meeting at 7:57 PM.
Discussion ensued among members of the Commission.
Vice Mayor Callari left the meeting at 8:00 PM and returned at 8:02 PM.
Discussion ensued among members of the Commission.
ACTION: Motion was made by Commissioner Sherwood, which
was seconded by Commissioner Hernandez, to adopt the
Resolution with an amendment to modify the requirement to be
50% +1 approval of the returned respondents on the street.
Dr. Wazir Ishmael, City Manager, and Alan Fallik, Acting City Attorney,
provided additional information.
Discussion ensued among members of the Commission.
The following individuals expressed personal opinions/concerns:
1. Andre Brown, 2316 Mayo Street
2. Cynthia Baker, 2128 N 14th Court
3. Brian Turner, 217 S 57th Way
City of Hollywood Page 13
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
4. Pastor David Rosa, 321 N 71 Avenue
5. Ramon Hatfield, 14740 SW 301 Street, Homestead
6. Joanne Carbana, 19301 NW 52 Court, Miami
7. Benjamin Israel, 3881 N 41 Court
8. Howard Sher, 4223 Van Buren Street
9. Carlos Naranjo, 2741 Polk Street
Commissioner Sherwood left the meeting at 9:03 PM and returned at
9:08 PM.
10. Sean Atkinson, 1106 N 31 Avenue
Discussion ensued among members of the Commission.
ACTION: Motion was made by Commissioner Biederman to
amend the resolution that the voting portion of the ballot language
is to keep the name of the street in question (i.e. check yes to keep
Lee street). The motion died due to lack of a second.
Discussion ensued among members of the Commission.
ACTION: Voice vote on the motion made by Commissioner
Sherwood, which was seconded by Commissioner Hernandez, to
adopt the Resolution with an amendment to modify the
requirement to be 50% +1 approval of the returned respondents
on the street passed unanimously. (7-0).
26. Commissioner Case, District 1
Environmental Center
Commissioner Case suggested residents visit the Marine Environmental
Center at the Carpenter House, 4414 Surf Road, to see Captain Turtle.
27. Commissioner Hernandez, District 2
United Neighbors
Commissioner Hernandez announced the United Neighbors Community
meeting is tomorrow at McNicol Middle School, he invited everyone to
attend.
Quasi-Judicial Procedures
Commissioner Hernandez stated he is concerned about the
quasi-judicial procedures that took place today, as they were not
followed.
City of Hollywood Page 14
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
City Attorney
Commissioner Hernandez spoke about the issue with the City Attorney.
28. Vice Mayor Callari, District 3
Trees
Vice Mayor Callari stated the trees along North Park Road need to be
replaced.
Road Sinking
Vice Mayor Callari stated the road by the water plant on Fillmore Street
is sinking.
St. Patrick’s Day
Vice Mayor Callari stated the St. Patrick’s Day parade was wonderful
and thanked everyone for attending.
Today’s Meeting
Vice Mayor Callari stated today was a challenging day and she read a
letter on the outlook of life and the need to be accountable to yourself.
29. Commissioner Blattner, District 4
Commissioner Blattner had no further comments.
30. Commissioner Biederman, District 5
Family Issue
Commissioner Biederman apologized for leaving the meeting several
times today as he was dealing with an emergency family issue.
City Attorney
Commissioner Biederman stated the City Attorney should not be fired,
as it is not the same issue as the firing of the former City Manager, Doug
Hewitt. There needs to be due process.
Community Garden
Commissioner Biederman requested a fact sheet on the community
garden, why it exists and the HUD requirements for the property. The
City is not stealing the garden as has been misrepresented.
Eagle Scouts
Commissioner Biederman thanked the Commission for honoring the
Eagle Scouts.
City of Hollywood Page 15
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
31. Commissioner Sherwood, District 6
City Attorney
Commissioner Sherwood clarified why she voted to terminate the former
City Manager, Doug Hewitt, as his tenure with the City was only six
months. Which is different than the current situation with the City
Attorney.
32. Mayor Levy
Parking Garage
Mayor Levy stated now that the Nebraska Parking garage item passed
today, he wants it to be successful.
Community Garden
Mayor Levy suggested there be a plan or new location for the community
garden. Vice Mayor Callari supported the request.
Quasi-Judicial Procedures
Mayor Levy stated he feels the quasi-judicial procedures were followed,
besides the 30 minute time limit. Mayor Levy suggested a guide sheet
on the intervenor process or revisions, if needed, be brought before the
Commission.
Vacation Rentals
Mayor Levy requested an update on the software for vacation rentals
registration.
Federal Highway
Mayor Levy explained there is a video sent by a resident showing the
litter, lack of landscaping and other issues on Federal Highway. He
suggested a code sweep be done to clean up the area.
33. City Attorney
Executive Session
Alan Fallik, Acting City Attorney, announced pursuant to Florida Statutes
286.011 (8)(a), an executive session would be held on April 19, 2017 at
11:30 AM regarding Rocket Outdoor Advertising LLC. vs. City of
Hollywood litigation. Attending the session will be the Mayor,
Commissioners, City Manager, City Attorney or Acting City Attorney, and
outside counsels, Daniel Abbott and Adam Schwartzbaum.
City of Hollywood Page 16
Regular City Commission Meeting Meeting Minutes - Final March 15, 2017
34. City Manager
Parking Rates
Dr. Wazir Ishmael, City Manager, explained the new master meters have
been installed at the beach. The new rates are $3.00 per hour Monday
thru Thursday, $4.00 per hour Friday thru Sunday. Residents get a 50%
discount, but must pre-register every year, more information is available
on the City’s website.
Cold Weather
Dr. Wazir Ishmael, City Manager, announced there is a cold weather
advisory for tonight.
Thanked Staff
Dr. Wazir Ishmael, City Manager, thanked staff for their excellent
presentations today.
35. The meeting adjourned at 9:36 PM.
______________________________
Patricia A. Cerny, MMC
City Clerk
Hollywood, Florida
Approved on:
______________________
City of Hollywood Page 17
Agenda
Regular City Commission Meeting
Wednesday, March 15, 2017
1:00 PM
City of Hollywood
Hollywood City Hall
2600 Hollywood Blvd
Hollywood, FL 33020
http://www.hollywoodfl.org
Commission Chambers Room 219
CITY COMMISSION
Josh Levy, Mayor
Traci Callari, Vice Mayor - District 3
Debra Case, Commissioner - District 1
Peter Hernandez, Commissioner - District 2
Richard Blattner, Commissioner - District 4
Kevin Biederman, Commissioner - District 5
Linda Sherwood, Commissioner - District 6
Dr. Wazir Ishmael, City Manager
Jeffrey P. Sheffel, City Attorney
Patricia A. Cerny, City Clerk
Regular City Commission Meeting Meeting Agenda - Final March 15, 2017
NOTES
The City Manager places before the Commission for consideration the consent agenda items
prepared by various offices and departments in the City.
The consent agenda consists of items before the City Commission that are routine and /or
non-controversial, the items are voted upon by the City Commission in one motion.
The regular agenda consists of items before the City Commission that must be discussed or
could be considered controversial, the items are voted upon by the City Commission
individually.
All time certain agenda items will not be considered by the Commission earlier than the time
listed for the item, however, the item may be taken up at the same time listed or later in the
meeting.
Agenda items not scheduled for a specific time may be considered at any time during the
meeting at the discretion of the Commission.
The following items on this agenda are time certain items.
1:15 PM - Items - 12 thru 17
4:00 PM - Item - 18
5:00 PM - Item - 25
1. Moment of Silence
2. Pledge of Allegiance
3. Recognition of Veterans, Active Service Personnel & Their Families
4. Roll Call
CONSENT AGENDA
If a citizen wishes to comment on a specific item, he/she should submit a comment card to
the City Clerk before the Commission approves the consent agenda.
OFFICE OF THE CITY CLERK
5. R-2017-062 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving The Regular City Commission Meeting Minutes Of
July 6, 2016.
Attachments: Resolution July 6 2016 minutes.doc
July 6, 2016 minutes.pdf
Biederman conflict 07-06-16 item 44.pdf
Biederman conflict 07-06-16 item 46.pdf
City of Hollywood Page 2
Regular City Commission Meeting Meeting Agenda - Final March 15, 2017
OFFICE OF THE CITY MANAGER
6. R-2017-063 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Expressing Support For House Bill 6003, Which Deletes
From Section 509.032(7), Florida Statutes, Restrictions Preventing
Local Laws, Ordinances, Or Regulations From Prohibiting Vacation
Rentals And From Regulating The Duration Or Frequency Of Rental
Of Vacation Rentals; Urging The Florida Legislature To Adopt The
Legislation And Governor Rick Scott To Support And Approve The
Legislation; Providing For An Effective Date.
Attachments: Vacation Rental Reso.doc
7. R-2017-064 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Urging The Florida Legislature To Preserve Intact The
Enterprise Florida, The Florida Small Business Development Center,
And Visit Florida And Other Programs Which Have Helped Make
Florida A Leader In Job Growth And Economic Diversification.
Attachments: Small Bus Enter Visit FL Reources Reso.doc
POLICE DEPARTMENT
8. R-2017-065 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing An Expenditure Of State Law Enforcement
Forfeiture Funds To Defray Expenses/Costs Associated With
Sponsoring Special Law Enforcement Events And Programs In The
Amount Of $20,548.95.
Attachments: LETF_special events.doc
BIS 17-121.doc
9. R-2017-066 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing An Expenditure Of Law Enforcement Forfeiture
Funds To Defray Expenses/Costs Associated With The Seizure And
Processing Of Forfeiture Cases In The Amount Of $20,181.18.
Attachments: LETF_state forfeitures.doc
BIS 17-119.doc
10. R-2017-067 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Expenditure Of Federal Law Enforcement
Forfeiture Funds Pursuant To The Federal Comprehensive Crime
Control Act To Provide Funding For Specialized Law Enforcement
Training, Law Enforcement Investigations (Inclusive Of Overtime,
Confidential Informant Fees), And The Acquisition Of Law
Enforcement Equipment In An Amount Not To Exceed $151,481.63
Attachments: LETF_protracted funds.doc
BIS 17-120.doc
City of Hollywood Page 3
Regular City Commission Meeting Meeting Agenda - Final March 15, 2017
DEPARTMENT OF PUBLIC UTILITIES
11. R-2017-068 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Renew The
Attached Blanket Purchase Order Between Cathedral Corporation
And The City Of Hollywood For Utility Bill Printing And Mailing
Services For An Estimated Annual Expenditure Of $265,000.00.
Attachments: Reso - Cathedral Corporaton Renewal.doc
Cathedral Corporation B002642.pdf
Term Sheet - Cathedral Corporation - Utility Bill Printing and mailing.doc
BIS 17-113.doc
1:15 PM TIME CERTAIN ITEM(S)
12. R-2017-069 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Adopting The Attached Sustainability Action Plan And
Providing For An Effective Date.
Attachments: resolution adopting sustainablity action plan.doc
Full SAP document 3.7.17.pdf
13. R-2017-070 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Accept A Grant
In The Amount Of $150,000.00 From The Florida Department Of
Law Enforcement For Street Lighting Upgrades In The Liberia
Community; Amending The General Capital Outlay Fund (34) Of The
Fiscal Year 2017 Operating Budget Adopted And Approved By
Resolution R-2016-284, As Amended, And As Detailed In The
Attached Exhibit 1; Revising And Recognizing Operating Revenues;
Authorizing Budgetary Adjustments And Appropriations; Authorizing
The Department Of Financial Services To Establish The Accounts
To Properly Monitor And Track The Revenues And Appropriations
As Needed; And Further Authorizing The Appropriate City Officials
To Execute All Applicable Grant Documents And Agreement.
Attachments: Resolution for PW Liberia Grant Project FY 2017.docx
Exhibit 1:Copy of Liberia Street Light Grant in FY 2017.pdf.xlsx
FDLE and Hollywood Agreement G1605 rev.pdf
Liberia Action Plan.pdf
Term Sheet - FDLE Grant Agreement Street Lighting.doc
BIS 17-122.doc
14. PO-2017-04 An Ordinance Of The City Of Hollywood, Florida, Amending Section
32.02 Of The Code Of Ordinances; To Provide That The
Compensation Of The Members Of The City Commission Shall Be
Set By Resolution.
Attachments: Compensation of the City Commission 021517.docx
Second Reading
No Changes Since First Reading
Advertised Public Hearing
City of Hollywood Page 4
Regular City Commission Meeting Meeting Agenda - Final March 15, 2017
15. R-2017-071 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Establishing The Compensation Of The Members Of The
City Commission.
Attachments: Resolution for Commission Salary Increase 2017.docx
BIS 17-117R.doc
16. PO-2017-05 An Ordinance Of The City Of Hollywood, Florida, Amending The
Subchapter Of Chapter 33 Of The Code Of Ordinances Titled
“Firefighter’s Pension And Retirement”; Amending Section 33.035 Of
The Code Of Ordinances Regarding The Definition Of “Beneficiary”.
Attachments: Ordinance Memorandum of Understanding Fire Pension Plan - Beneficiary.doc
Definition of Beneficiary.pdf
Second Reading
No Changes Since First Reading
Advertised Public Hearing
17. R-2017-048 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Execute The Attached Memorandum Of Understanding Between
The City And The International Association Of Fire Fighters, Local #
1375 (“IAFF”) Amending Article 28 Section 1 To Allow For
Modification Of The Definition Of “Beneficiary” Contained In The City
Of Hollywood Firefighters’ Retirement System (“Firefighters’ Pension
Plan).
Attachments: Resolution Memorandum of Understanding Fire Pension Plan - Beneficiary.doc
Memorandum of Understanding Firefighters' Pension Plan - Beneficiary.pdf
terffpenbeneficiary.doc
4:00 PM TIME CERTAIN ITEM
18. R-2017-072 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Appointing Nine (9) To Eleven (11) Regular Members To
The Charter Review Committee.
Attachments: 2017 - Resolution Charter Review.doc
2017 - Charter Revew Applications (A to H).pdf
2017 - Charter Revew Applications (J to Z).pdf
2017 - Charter vote grid.doc
City of Hollywood Page 5
Regular City Commission Meeting Meeting Agenda - Final March 15, 2017
QUASI-JUDICIAL ITEM
(Rules of Procedure Attached to Agenda)
19. R-2017-058 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Considering A Request For Approval Of An Amendment To
The Nebraska Parking Garage Design And Site Plan (Originally
Approved By Resolution R-2016-067), Generally Located At 327
Nebraska Street To Now Include A 303 Space Public Parking
Garage; And Providing An Effective Date. (14-DPSV-102a)
Attachments: NEBRASKAGARAGEAMENDEDDESIGNSITEPLAN2017RESO.doc
Exhibit A.pdf
Exhibit B.pdf
Attachment I_Part I.pdf
Attachment I_Part II.pdf
Attachment I_Part III.pdf
Attachment I_Part IV Traffic Impact Analysis-Revised_2017_0119.pdf
Attachment I_Part V
Attachment II.pdf
Continued From The March 1, 2017 Meeting
REGULAR AGENDA
20. P-2017-014 Presentation By Shiv Newaldass, Chief Development Officer, On
The Status Of University Station, 1203 North Federal Highway,
Adams Street, and Park Road Site.
21. R-2017-073 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Execute The
Attached Contract Between Envirowaste Services Group, Inc. And
The City Of Hollywood For The Gravity Sewer System Condition
Assessment, Renewal, And Replacement Program (A.K.A.
Inflow/Infiltration Reduction Program) (Level 2) - Excavated Point
Repairs, As Identified In The 2007/2008 Wastewater System Master
Plan, In The Amount Of $1,166,705.00 (Project No. 16-7081).
Attachments: Resolution - Envirowaste Gravity Sewer System.docx
Contract - Envirowaste Gravity Sewer System 7081.pdf
Bid Tabulation - Envirowaste Gravity Sewer System 7081.pdf
Bid - Envirowaste Gravity Sewer System 7081 .pdf
R-2016-285.pdf
TERMSHEETEnvirowasteProject16-7081inflowinfiltrationprogam2017l.doc
BIS 17-114.doc
City of Hollywood Page 6
Regular City Commission Meeting Meeting Agenda - Final March 15, 2017
22. R-2017-074 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Execute The
Attached Contract Between American Infrastructure Technologies
Corporation And The City Of Hollywood For The Gravity Sewer
System Condition Assessment And Renewal And Replacement
Program (A.K.A. Inflow/Infiltration Reduction Program) (Level 2), As
Identified In The 2007/2008 Wastewater System Master Plan, In The
Amount Of $5,353,926.00; To Amend The Approved Fiscal Year
2017 Capital Improvement Program, As Set Forth In Exhibit A
(Project No. 16-7080).
Attachments: Resolution - American Infrastructure Gravity Sewer.doc
American Infrastructure - Exhibit A.pdf
4 Contract 7080.pdf
5 Bid Tabulation - 7080 B Rev 020717.pdf
7 Bid 7080 - American Infrastructure Technologies.pdf
R-2016-285.pdf
TERMSHEETAmericanInfrastructuregravitysewer2017.doc
BIS 17-118.doc
23. R-2017-075 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Amending The One Year Action Plans For Federal Fiscal
Years 2013-2014 And 2015-2016 And The Local Housing
Assistance Plan For State Of Florida Fiscal Years 2015-2016 And
2016-2017; To Recognize And Appropriate Community Development
Block Grant (CDBG) Program Income, Housing Investment
Partnerships Program (HOME) Program Income, Neighborhood
Stabilization Program (NSP-1) Program Income, State Housing
Initiative Program (SHIP) Program Income; And Amending The
Fiscal Year 2017 Operating Budget (R-2016-284) As Outlined In
Exhibit 1 And Exhibit 2.
Attachments: OYP and LHAP Reso REV.doc
Exhibit 1 rev.pdf
Exhibit 2.pdf
Exhibit 3.pdf
Exhibit 4.pdf
BIS 17116.doc
Advertised Public Hearing
24. R-2017-076 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Amending The Procedures For Naming And Renaming Of
Properties, Facilities, Parks, Streets And Memorials.
Attachments: res - naming facilities-removes petitions from streets 2017.doc
Policy for Naming ReNaming -2017.doc
Application for Naming-Renaming of Prop Fac Parks St -2017.doc
Application for Veterans Memorial Plaque-no changes 2017.doc
25. 5:00 PM CITIZENS’ COMMENTS (Total Time 30 Minutes)
City of Hollywood Page 7
Regular City Commission Meeting Meeting Agenda - Final March 15, 2017
COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY
MANAGER
26. Commissioner Case, District 1
27. Commissioner Hernandez, District 2
28. Vice Mayor Callari, District 3
29. Commissioner Blattner, District 4
30. Commissioner Biederman, District 5
31. Commissioner Sherwood, District 6
32. Mayor Levy
33. City Attorney
34. City Manager
35. ADJOURNMENT
Any person wishing to appeal any decision made by this Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings, and for
such purposes 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 made.
Two or more members of the same city board, commission, or committee, who are not of this
Commission, may attend this meeting and may, at that time, discuss matters on which
foreseeable action may later be taken by their board, commission or committee.
Persons with disabilities who require reasonable accommodations to participate in City
programs and/or services may call the Office of the City Manager five business days in
advance at (954) 921-3201 (voice). If an individual is hearing or speech impaired, please call
1-800-955-8771 (V-TDD).
City of Hollywood Page 8
Regular City Commission Meeting Meeting Agenda - Final March 15, 2017
QUASI-JUDICIAL HEARING PROCEDURES
AND RULES FOR EX-PARTE COMMUNICATIONS
I. Scope and Applicability. These procedures shall apply to all quasi-judicial hearings held
by the City Commission or by any Board or Committee (hereinafter referred to as “Boards”)
which holds quasi-judicial hearings. The City Attorney shall determine which matters are
quasi-judicial in nature and shall direct the City Clerk or Board liaison to designate specially
such matters on the agenda.
II. Proceedings. Mayor, Vice Mayor or other presiding officer (hereafter, the "Presiding
Officer") shall conduct the proceedings and maintain order. The City Attorney or legal advisor
shall represent the City Commission or Board, rule on all evidentiary and procedural issues
and objections, and advise the City Commission or Board as to the applicable law and
necessary factual findings. Hearings shall be conducted informally, but with decorum .
Formal rules of procedure shall not apply except as set forth herein; however, fundamental
due process shall be accorded.
III. Unauthorized Communications. In all quasi-judicial hearings, all rulings must be based
only upon the evidence presented at the hearing. In accordance with Section 286.0115(1),
Florida Statutes, ex parte communications with City Commissioners or Board members in
quasi-judicial matters is permissible and the adherence to the following procedures shall
remove the presumption of prejudice arising from ex parte communications with City
Commissioners or Board members:
1. The substance of any ex parte communication with a City Commissioner or Board
member which relates to a quasi-judicial action pending before the Commission or Board is
not presumed prejudicial to the action if the subject of the communication and the identity of
the person, group, or entity with whom the communication took place is disclosed and made a
part of the record before the final action on the matter.
2. A City Commissioner or Board member may read a written communication from any
person. However, a written communication that relates to a quasi-judicial action pending
before the Commission or Board shall not be presumed prejudicial to the action, and such
written communication shall be made a part of the record before final action on the matter.
3. City Commissioners or Board members may conduct investigations and site visits and
may receive expert opinions regarding quasi-judicial action pending before them. Such
activities shall not be presumed prejudicial to the action if the existence of the investigation,
site visit, or expert opinion is made a part of the record before final action on the matter.
4. Disclosure made pursuant to subparagraphs 1, 2 and 3 must be made before or during
the public meeting at which a vote is taken on such matters, so that persons who have
opinions contrary to those expressed in the ex parte communication are give a reasonable
opportunity to refute or respond to the communication.
City of Hollywood Page 9
Regular City Commission Meeting Meeting Agenda - Final March 15, 2017
IV. Witnesses and Supporting Materials. At least eight City business days before a
quasi-judicial hearing.
A. Staff shall prepare a report, recommendation and supporting materials, a copy of which
shall be available to the applicant, appellant and to the public at the City Clerk ’s Office.
Included in the supporting materials will be copies of all exhibits and documents upon which
staff’s recommendation is based.
B. The Applicant and the Appellant, if applicable, shall submit a detailed outline of the
argument in support of their application, copies of all exhibits which will be presented at
hearing and the names and addresses of all witnesses who will be called to testify in support
of the application (including resumes for any witness the party intends to qualify as an
expert).
C. The eight City business day deadline is necessary to ensure the Commission or Board
members are given sufficient opportunity to review the written submissions prior to the
hearing, and shall be strictly observed. Should the eight -day City business day deadline be
missed by either staff or the Applicant, the item may be continued at the discretion of the City
Commission or Board to the next available agenda.
V. Party Intervenors.
The City Attorney may allow a person to intervene as a Party Intervenor if they meet the
following requirements:
A. The person must have an interest in the application, which is different than the public at
large.
B. At least eight three days prior to the hearing, the person shall submit a written request to
intervene including: a detailed outline of their interest in the application and argument in favor
or against it, copies of all exhibits which will be presented at the hearing and the names and
addresses of all witnesses who will be called to testify on their behalf (including resumes for
any witness the person intends to qualify as an expert).
VI. Conduct of Hearing.
A. The Presiding Officer shall call the proceeding to order and announce that the hearing has
begun.
B. The Presiding Officer, City Attorney or legal advisor shall inquire whether all parties,
members of the public and Commission or Board members agree to waiving the quasi -judicial
hearing.
C. When the quasi-judicial hearing is not waived, the City Attorney, legal advisor or
Presiding Officer shall explain the rules concerning procedure, testimony, and admission of
evidence.
City of Hollywood Page 10
Regular City Commission Meeting Meeting Agenda - Final March 15, 2017
D. When the quasi-judicial hearing is not waived, the City Clerk or staff liaison shall swear
in all witnesses who are to testify at the hearing.
E. The order of proof shall be as follows:
1. A representative of the City’s staff (or outside counsel) shall briefly describe the
Applicant’s request, introduce and review all relevant exhibits and evidence, report staff ’s
recommendation, and present any testimony in support of staff ’s recommendation. Staff shall
have a maximum of 30 minutes to make their full presentation, including opening statement
and all direct presentation by witnesses, but excluding any cross -examination or questions
from the Commission or a Board member.
2. The Appellant, if applicable, (or his/her representative or counsel) shall present evidence
and testimony in support of the application. Appellant shall have a maximum of 30 minutes to
make its full presentation, including opening statement and all direct presentation by
witnesses, but excluding any cross-examination or questions from the Commission or a
Board member.
3. Any Party Intervenor (or his/her representative or counsel) shall present evidence and
testimony in support of or opposed to the application. A Party Intervenor shall have a
maximum of 30 minutes to make his/her full presentation, including opening statement and all
direct presentation by witnesses, but excluding any cross -examination or questions from the
Commission or a Board Member.
4. The Applicant (or his/her representative or counsel) shall present evidence and testimony
in support of the application. Applicant shall have a maximum of 30 minutes to make his/her
full presentation, including opening statement and all direct presentation by witnesses, but
excluding any cross-examination or questions from the Commission or a Board member.
5. Any other persons present who wish to submit relevant information to the City
Commission or Board shall speak next for a maximum of three minutes each (excluding any
cross-examination or questions from the Commission or a Board member). Members of the
public will be permitted to present their non-expert opinions, but the Commission or board will
be expressly advised that public sentiment is not relevant to the decision, which must be
based only upon competent and substantial evidence.
6. The Appellant will be permitted to make final comments, if any (maximum of five
minutes).
7. The Applicant will be permitted to make final comments, if any (maximum of five
minutes).
8. The Party Intervenor will be permitted to make final comments, if any (maximum of
five minutes).
9. The City’s staff will make final comments, if any (maximum of five minutes).
City of Hollywood Page 11
Regular City Commission Meeting Meeting Agenda - Final March 15, 2017
10. At the discretion of the Presiding Officer, the Applicant may be permitted to respond to the
final Party Intervenor and staff comments and recommendations (maximum of three minutes).
G. The City Attorney or legal advisor will advise the City Commission or Board as to the
applicable law and the factual findings that must be made to approve or deny the application.
H. The City Commission or Board will conduct open deliberation of the application. The
Presiding Officer shall have the discretion to reopen the proceeding for additional testimony
or argument by the parties when an outcome substantially different than either the granting or
denial of the application is being considered. After deliberations, a vote shall be taken to
approve, approve with conditions or deny the application.
VII. Examination by Commissioners and City Attorney or Legal Advisor.
Commissioners, Board members and the City Attorney or Legal Advisor may ask
questions of persons presenting testimony or evidence at any time during the proceedings
until commencement of deliberation.
VIII. Cross-Examination of Witnesses. After each witness testifies, the City staff
representative, the Applicant’s representative, Appellant’s representative, and/or the Party
Intervenor’s representative shall be permitted to question the witness, but such
cross-examination shall be limited to matters about which the witness testified and shall be
limited to five minutes per side. Members of the public will not be permitted to cross -examine
witnesses. Cross-examination shall be permitted only as would be permitted in a Florida court
of law.
IX. Rules of Evidence.
A. All evidence of a type commonly relied upon by reasonably prudent persons in the
conduct of their affairs shall be admissible, whether or not such evidence would be
admissible in a court of law in Florida. Irrelevant, immaterial, harassing, defamatory or unduly
repetitive evidence shall be excluded.
B. Hearsay evidence may be used for the purposes of supplementing or explaining other
evidence, but it shall not be sufficient by itself to support a finding unless it would be
admissible over objection in a civil action.
C. Documentary evidence may be presented in the form of a copy or the original. Upon
request, parties shall be given an opportunity to compare the copy with the original.
X. Statements of Counsel. Statements of counsel, or any non-attorney representative, shall
only be considered as argument and not testimony unless counsel or the representative is
sworn in and the testimony if based on actual personal knowledge of the matters which are
the subject of the statements.
XI. Continuances and Deferrals. The City Commission or Board shall consider requests for
City of Hollywood Page 12
Regular City Commission Meeting Meeting Agenda - Final March 15, 2017
continuances made by City staff, the Applicant, the Appellant or a Party Intervenor and may
grant continuances in its sole discretion. If, in the opinion of the City Commission or Board,
any testimony or documentary evidence or information presented at the hearing justifies
allowing additional research or review in order to properly determine the issue presented,
then the City Commission or Board may continue the matter to a time certain to allow for such
research or review.
XII. Transcription of hearing.
A. The City Clerk or staff liaison shall preserve the official transcript of the hearing
through tape recording and/or video recording.
B. The Applicant, Appellant or Party Intervenor may arrange, at its own expense, for a
court reporter to transcribe the hearing.
C. The Applicant, Appellant or Party Intervenor may request that all or a part of the transcript
of a hearing be transcribed into verbatim, written form. In such case, the Applicant, Appellant
or Party Intervenor requesting the transcript shall be responsible for the cost of production of
the transcription and the transcription shall become the official transcript.
XIII. Maintenance of Evidence and Other Documents. The Office of the City Clerk or staff
liaison shall retain all of the evidence and documents presented at the hearing unless any
such evidence is too large to be stored by the City Clerk or staff liaison. In that event, such
evidence will be stored in the Community Planning and Development Department.
XIV. False Testimony. Any willful false swearing on the part of any witness or person
giving evidence before the Commission or Board as to any material fact in the proceedings
shall be deemed to be perjury and shall be punished in the manner prescribed by law for
such offense.
XV. Failure of Applicant to Appear. If the Applicant, the Appellant or Party Intervenor or
their representative fails to appear at the time fixed for the hearing, and such absence is not
excused by the Commission or Board, the Commission or Board may proceed to hear the
evidence and render a decision thereon in absentia.
XVI. Subpoena Power. The Applicant, the Appellant or Party Intervenor or City’s staff shall
be entitled to compel the attendance of witnesses through the use of subpoenas. All such
subpoenas shall be issued by the City Clerk at the request of the Applicant, Appellant or
City’s staff.
R-2016-334, 11/2/2016
City of Hollywood Page 13
Get email alerts for Hollywood
A daily email when new agendas and minutes are posted.