Regular City Commission Meeting
Regular MeetingHollywood, FL · May 3, 2017
Minutes
City of Hollywood
Hollywood City Hall
2600 Hollywood Blvd
Hollywood, FL 33020
http://www.hollywoodfl.org
Meeting Minutes - Final
Wednesday, May 3, 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 May 3, 2017
. The Regular City Commission Meeting of the City of Hollywood, Florida, was called to
order by Mayor Levy on Wednesday, May 3, 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
CONSENT AGENDA
Approval of the Consent Agenda
ACTION: A motion was made by Vice Mayor Callari, seconded by
Commissioner Biederman, to adopt the Consent Agenda. The
motion passed unanimously. (7-0)
5. R-2017-110 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving The Regular City Commission Meeting Minutes Of August 31,
2016.
ACTION: This Resolution was moved by Vice Mayor Callari,
which was seconded by Commissioner Biederman, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
5A. R-2017-121 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Appointing Commissioner Kevin Biederman And Thomas A. Moncilovich
To Serve As Directors Of The Hollywood Business Council, Inc.
ACTION: This Resolution was moved by Vice Mayor Callari,
which was seconded by Commissioner Biederman, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
6. R-2017-111 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
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Supporting The Refund Of Funds Remaining From Cities’ Contribution
To The Education Campaign For The 2016 Transportation And
Infrastructure Surtax Referendum And Authorizes The MPO To Retain
$14,076.00 Of Hollywood’s Refund As Payment Of The FY16 And FY17
Membership Fees And Return $11,055.00 To Be Allocated Toward
Small Capital Transportation Improvements.
ACTION: This Resolution was moved by Vice Mayor Callari,
which was seconded by Commissioner Biederman, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
7. R-2017-112 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute
The Attached Second Amendment To The Neighborhood Stabilization
NSP-1 And NSP-3 Developer Agreement Between The City Of
Hollywood And The Broward Alliance For Neighborhood Development,
Inc. (“B.A.N.D.”) To Facilitate B.A.N.D.’S Continued Acquisition,
Rehabilitation, And Sale Of Foreclosed And Abandoned Properties
Within The City Of Hollywood And Amending The Fiscal Year 2017
Operating Budget (R-2016-284) As Outlined In Exhibit 1.
ACTION: This Resolution was moved by Vice Mayor Callari,
which was seconded by Commissioner Biederman, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
9. R-2017-114 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute The Attached
2017 Amendment To The Interlocal Agreement Between The City Of
Hollywood And Broward County Regarding The Local Option Gas Tax,
Exhibit 1, The Attached 2017 Amendment To The Interlocal Agreement
Between The City Of Hollywood And Broward County Regarding
Additional Local Option Gas Tax On Motor Fuel, Exhibit 2, And The
Attached 2017 Amendment To The Interlocal Agreement Between The
City Of Hollywood And Broward County Regarding Additional Local
Option Gas Tax On Motor Fuel For Transit, Exhibit 3.
ACTION: This Resolution was moved by Vice Mayor Callari,
which was seconded by Commissioner Biederman, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
10. R-2017-115 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Issue The Attached
Purchase Order Between CDW-G And The City Of Hollywood For The
Purchase Of Computers (PC’s/Laptops) And Related Equipment For A
Not To Exceed Of $200,000.00.
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ACTION: This Resolution was moved by Vice Mayor Callari,
which was seconded by Commissioner Biederman, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
11. R-2017-116 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Issue The Attached Blanket
Purchase Order Between Aquifer Maintenance & Performance Systems,
Inc. And The City Of Hollywood For Wellhead Maintenance In An
Estimated Annual Amount Of $103,700.00.
ACTION: This Resolution was moved by Vice Mayor Callari,
which was seconded by Commissioner Biederman, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
12. R-2017-117 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Reject All Bids For
Solicitation Number F-4540-17-RL For Wellhead Modifications.
ACTION: This Resolution was moved by Vice Mayor Callari,
which was seconded by Commissioner Biederman, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
13. R-2017-118 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Issue The Attached Blanket
Purchase Order Between Allied Universal Corporation And The City Of
Hollywood For The Purchase Of Sodium Hydroxide For An Estimated
Annual Expenditure Of $202,000.00.
ACTION: This Resolution was moved by Vice Mayor Callari,
which was seconded by Commissioner Biederman, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
14. P-2017-023 Presentation By The Office Of Human Resources, Of The May 2017
Diamond Service Nominees, Diamond Service Award Recipient, Team
Diamond Service Award, And Service Awards For 5, 10, 15, 20, 25, And
30 Years Of Service To The City Of Hollywood And CRA Employees.
Ali Parker, Public Utilities, Diamond Service Selection Committee
Member, recognized all the Diamond Award nominees. She read the
commendation which resulted in Dwayne Chung, Police Officer, being
recognized with the Diamond Service Award for May 2017.
Dwayne Chung, Police Officer, accepted the award and thanked the
Commission, his supervisors and colleagues for the recognition.
Ali Parker, Public Utilities, Diamond Service Selection Committee
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Member, and Dr. Wazir Ishmael, City Manager, read the commendation
which resulted in Code Compliance being recognized with the Team
Diamond Service Award.
John Chidsey, Code Compliance Manager, and the entire Code
Compliance team accepted the award and Mr. Chidsey thanked the
Commission and the City Manager for the recognition.
Jennifer Solinger, Human Resources Administrator, recognized
employees celebrating 5, 10, 15, 20, 25 and 30 years of service to the
City of Hollywood and CRA.
Mayor Levy left the meeting at 1:48 PM and returned at 1:49 PM.
Commissioner Biederman left the meting at 1:49 PM and returned at
1:51 PM.
15. P-2017-024 A Proclamation In Recognition Of Public Service Recognition Week, May
7 - 13, 2017.
Vice Mayor Callari read the proclamation in recognition of Public Service
Recognition Week, May 7 - 13, 2017.
Jennifer Solinger, Human Resources Administrator, accepted the
proclamation, thanked the Commission for the recognition and explained
the activities planned for the week.
16. P-2017-025 A Proclamation In Recognition Of National Women’s Lung Health
Week/Turquoise Takeover Week, May 8-12, 2017.
Vice Mayor Callari left the meeting at 1:58 PM and returned at 2:00 PM.
Commissioner Sherwood read the proclamation in recognition of
National Women's Lung Health Week/Turquoise Takeover Week, May
8-12, 2017.
Violet Nikolia Lowney, Keiser University representing American Lung
Association, accepted the proclamation and thanked the Commission for
the recognition.
17. P-2017-026 A Proclamation In Recognition Of The 48th Annual Municipal Clerks
Week - May 7-13, 2017.
Commissioner Biederman read the proclamation in recognition of the
48th Annual Municipal Clerks Week - May 7-13, 2017.
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Patricia A. Cerny, City Clerk, accepted the proclamation, thanked the
Commission for the recognition and recognized the City Clerks staff for
their contributions.
18. P-2017-027 Presentation Of The Purple Heart Flag By George Caffrey, Master Sgt.,
The Elks Club In West Hollywood.
Dr. Wazir Ishmael, City Manager, announced the presentation was
withdrawn due to scheduling conflicts and will be re-scheduled.
8. R-2017-113 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving Execution Of The Attached Community Aesthetic Feature
Agreement Between The City Of Hollywood And The Florida Department
Of Transportation To Facilitate Installation Of Decorative Vinyl Art-Wrap
Coverings On Traffic Signalization Controller Cabinets Located
Throughout The City With Project Funding Provided By The Hollywood
Community Redevelopment Agency And Further Authorizing Execution
By The Appropriate City Officials Of Any Required Permit Documents
Required By Broward County Government And Necessary For Approval
And Implementation Of The Project.
Bettina August, 2719 Bruce Terrace, expressed personal
opinions/concerns.
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)
19. PO-2017-09 An Ordinance Of The City Of Hollywood, Florida, Amending Section
41.08 Of The Code Of Ordinances Regarding The Self-Insurance
Program; Reducing The Required Coverage For The Employers’
Liability Program From $3,000,000.00 Per Incident To $1,000,000.00
Per Incident.
The Mayor announced the ordinance was advertised in conformance with
Florida Statutes and City Codes. The public hearing was opened; there
being no one present who wished to speak, the public hearing was
declared closed.
The City Clerk read the ordinance title on second and final reading.
ACTION: Motion was made by Commissioner Biederman, which
was seconded by Commissioner Sherwood, to adopt on second
and final reading the Ordinance. The motion on roll call vote
carried:
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Regular City Commission Meeting Meeting Minutes - Final May 3, 2017
Aye: Commissioner Case
Commissioner Hernandez
Vice Mayor Callari
Commissioner Blattner
Commissioner Biederman
Commissioner Sherwood
Mayor Levy
Enactment No: O-2017-05
20. PO-2017-08 An Ordinance Of The City Of Hollywood, Florida, Changing The Zoning
Designation Of The Property Generally Located North Of Evans Street
And West Of 22nd Ave From RS-6 (Single Family) To RM-9 (Low
Density Multiple Family); And Amending The City’s Zoning Map To
Reflect The Change In Zoning Designation. (16-DPVZ-72)
The City Attorney explained waiving the quasi-judicial procedures and
Mayor Levy questioned if there were any objections to waiving them .
There were no objections, and the quasi-judicial procedures were
waived.
The Mayor announced the ordinance was advertised in conformance with
Florida Statutes and City Codes. The public hearing was opened; there
being no one present who wished to speak, the public hearing was
declared closed.
The City Clerk read the ordinance title 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 Hernandez
Vice Mayor Callari
Commissioner Blattner
Commissioner Biederman
Commissioner Sherwood
Mayor Levy
Enactment No: O-2017-06
21. 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”.
Jeffrey P. Sheffel, City Attorney, explained the changes made from first to
second reading clarifying the definition of trust.
The Mayor announced the ordinance was advertised in conformance with
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Florida Statutes and City Codes. The public hearing was opened; there
being no one present who wished to speak, the public hearing was
declared closed.
Discussion ensued among staff and members of the Commission.
The City Clerk read the ordinance title on second and final reading.
ACTION: Motion was made by Commissioner Hernandez, 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 Hernandez
Vice Mayor Callari
Commissioner Blattner
Commissioner Biederman
Commissioner Sherwood
Mayor Levy
Enactment No: O-2017-07
22. 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 Commissioner Blattner, which was
seconded by Commissioner Sherwood, to adopt the Resolution.
On a voice vote the motion passed unanimously. (7-0)
23. PO-2017-01 An Ordinance Of The City Of Hollywood, Florida, Creating The Emerald
Hills Safety Enhancement District, A Dependent Special District
Authorized By Section 189.02, Florida Statutes; Providing For The
Purpose, Powers, Functions And Duties Of The District; Designating The
Geographic Boundary Limitations Of The District; Stating The Authority
Of The District; Explaining Why The District Is The Best Alternative;
Designating The Membership, Organization, Compensation And
Administrative Duties Of The Governing Board Of The District; Stating All
Financial Disclosures, Noticing And Reporting Requirements; Declaring
That The Creation Of The District Is Consistent With The Approved Local
Government Comprehensive Plans; Providing For Conflicts; Providing
For Severability; Providing For Sunset; And Providing For An Effective
Date.
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The Mayor announced the ordinance was advertised in conformance with
Florida Statutes and City Codes. The public hearing was opened, and
the following individuals expressed personal opinions/concerns:
1. Charles Flaxman, 3651 N 52 Avenue
2. Keith Kotrady, 5021 N 36 Street
There being no one further who wished to speak, the public hearing was
declared closed.
Tomas Sanchez, Police Chief, responded to questions raised by the
Commission.
Discussion ensued among staff and members of the Commission.
Jeffrey P. Sheffel, City Attorney, provided additional information.
Discussion ensued among staff, Mr. Flaxman and members of the
Commission.
ACTION: Motion was made by Commissioner Blattner, which was
seconded by Commissioner Sherwood, to adopt on second and
final reading the Ordinance with two amendments; first, change
the sunset provision to 5 years; second, the ordinance does not
become effective until ratified by a majority of the property owners
in the district voting by a mail ballot.
Commissioner Sherwood left the meeting at 2:52 PM and returned at
2:58 PM.
Extensive discussion ensued among staff and members of the
Commission.
ACTION: Motion was made by Commissioner Hernandez, which
was seconded by Vice Mayor Callari, to continue the Ordinance
until the July 3, 2017 Regular Commission Meeting. On a voice
vote the motion passed unanimously. (7-0)
26. PO-2017-10 An Ordinance Of The City Of Hollywood, Florida, Approving The
Application Of The 20% Flexibility Rule (Industrial To Commercial) To
Approximately 0.75 Acres Generally Located At The Northwest Corner
Of Sheridan Street And North 29th Avenue, Pursuant To The City Of
Hollywood’s Comprehensive Plan And Policy 13.01.10 Of The Broward
County Land Use Plan; And Amending The City’s Land Use Map To
Reflect The Change In Land Use Designation. (17-F-10)
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The City Attorney explained waiving the quasi-judicial procedures and
Mayor Levy questioned if there were any objections to waiving them .
There were no objections, and the quasi-judicial procedures were
waived.
Arceli Redila, Planning and Development Services Administrator,
provided a presentation on the intent of the ordinance.
Discussion ensued among staff and members of the Commission.
The City Clerk read the ordinance title on first reading.
ACTION: Motion was made by Commissioner Blattner, which was
seconded by Mayor Levy, to adopt on first reading the Ordinance.
The motion on roll call vote carried:
Aye: Commissioner Case
Commissioner Hernandez
Vice Mayor Callari
Commissioner Blattner
Commissioner Biederman
Commissioner Sherwood
Mayor Levy
Enactment No: O-2017-08
27. P-2017-030 Presentation By Jim Udvardy, Project Director South Florida Commuter
Services, Florida Department Of Transportation, On The 2017 South
Florida Commuter Challenge.
Dr. Wazir Ishmael, City Manager, withdrew the presentation from
consideration.
28. P-2017-031 Presentation By Anthony Alonso, Co-Chair Of The Government Affairs
Committee, Providing An Update On Hollywood Chamber Of Commerce
Activities.
Anne Hotte, Greater Hollywood Chamber of Commerce, provided a
presentation updating the City Commission on Hollywood Chamber of
Commerce Activities.
29. P-2017-032 Presentation By Gus Zambrano, Assistant City Manager For Sustainable
Development, Regarding The State Road 7 Transit Oriented Corridor
(TOC).
Gus Zambrano, Assistant City Manager for Sustainable Development,
provided a presentation regarding the State Road 7 Transit Oriented
Corridor (TOC).
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Vice Mayor Callari and Commissioner Biederman left the meeting at
4:20 PM.
Commissioner Biederman returned to the meeting at 4:22 PM.
Vice Mayor Callari returned to the meeting at 4:23 PM.
Discussion ensued among staff and members of the Commission.
30. R-2017-119 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute The Attached
Authorization To Proceed For Work Order No. ANA 17-01 Between
Atkins North America, Inc. And The City Of Hollywood To Provide
Professional Engineering Services For The Water Main Replacement
Program From Hollywood Boulevard To Sheridan Street And Between N.
31st Avenue And N. 35th Avenue Including The Design And Permitting Of
A Reuse Water Main Along Johnson Street From N. Park Road To N.
56th Avenue, As Identified In The 2007 Water System Master Plan, In
The Amount Of $1,172,908.00 (Project No. 16-5135).
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 unanimously. (7-0)
31. R-2017-120 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute The Attached
Authorization To Proceed For Work Order No. KHA 17-01 Between
Kimley Horn And Associates, Inc. And The City Of Hollywood To Provide
Professional Engineering Services For The Water Main Replacement
Program From Hollywood Boulevard To Taft Street And Between N.
Dixie Highway And N. 28th Avenue, As Identified In The 2007 Water
System Master Plan, In The Lump Sum Amount Of $1,402,539.65
(Project No. 16-5134).
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 unanimously. (7-0)
The Commission recessed at 4:45 PM and reconvened at 5:02 PM with
Commissioner Hernandez absent.
24. P-2017-028 A Proclamation In Recognition Of Drinking Water Week - May 7 -13,
2017.
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Mayor Levy read the proclamation in recognition of Drinking Water Week
- May 7-13, 2017.
Commissioner Hernandez returned to the meeting at 5:03 PM.
Ali Parker, Regulatory Compliance Officer, Public Utilities, accepted the
proclamation and thanked the Mayor and Commissioners for the
recognition.
25. P-2017-029 Presentation Of Awards By Dawn "Ali" Parker, Regulatory Compliance
Officer, To The Winners Of The 2017 Water Conservation Poster
Contest.
Ali Parker, Regulatory Compliance Officer, Public Utilities, explained the
Water Conservation Poster Contest, and presented awards to the
various student recipients.
32. Commissioner Blattner, District 4
Commissioner Blattner had no further comments.
33. Commissioner Biederman, District 5
Parking Garage Space Counter
Commissioner Biederman suggested the space counter technology
being used at the Garfield garage could be used at private lots. The
private Hayes Street lot is using the space counter and he hopes more
private lots will acquire the technology. His vision for the future is to have
LED boards for parking spaces on the Hollywood Bridge as people are
coming across.
Lunch on the Lawn
Commissioner Biederman apologized to staff as he will be out of town
next week and will not be able to serve employees Lunch on the Lawn.
Economic Development
Commissioner Biederman suggested having an economic development
presentation on what staff is doing and what outreach staff is doing along
State Road 7/441 and US1.
34. Commissioner Sherwood, District 6
Redevelopment and TOC Presentation
Commissioner Sherwood thanked staff for the redevelopment and
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Transit Oriented Corridor (TOC) presentation on State Road 7/441. The
west side of 441 goes a quarter mile in, it is just a matter of
re-development, as developers will come in and knock down and
re-build.
Exploring Ideas
Commissioner Sherwood explained as she stated this morning at the
CRA meeting, when the CRA Executive Director or a department head
wants to explore an idea and it does not cost any money, she does not
see a problem to let them explore first and come back to the
Commission.
Length of Meetings
Commissioner Sherwood stated comments have been made on why
meetings are taking so long. All questions should be asked before the
Commission meeting, she asks her questions beforehand and she
encouraged her colleagues to do the same
Sunday in the Park
Commissioner Sherwood congratulated the Hollywood Chamber of
Commerce on the Sunday in the Park as it was successful.
35. Commissioner Case, District 1
Rescued
Commissioner Case thanked the Police and Fire Rescue for their
rescues on Sunday, April 30th as several people got caught up in the
ocean. The Police went in and Fire Rescue followed and they rescued all
the people.
Parklets
Commissioner Case questioned how are the parklets going to be
protected overnight.
Orangebrook Elementary School
Commissioner Case stated on April 28, 2017 she went to Orangebrook
Elementary School for a student mock election, grades 1 to 5 were
voting. The Broward Supervisor of Elections provided the ballots and
equipment.
Hollywood School Ratings
Commissioner Case stated at the Commission in the Community
Meeting someone told her Hollywood schools were F rated. She
explained she spoke to the Hollywood Chamber’s Education
Subcommittee Member who explained only one Hollywood school is
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Regular City Commission Meeting Meeting Minutes - Final May 3, 2017
rated F, and they will do some type of push to get this corrected
information out.
Sunday in the Park
Commissioner Case stated the Sunday in the Park event was awesome.
Volleyball Tournament
Commissioner Case announced the volleyball tournament on the beach
this weekend, which is always a great event.
36. Commissioner Hernandez, District 2
Allan Libero
Commissioner Hernandez congratulated Allan Libero on being named
Small Business Person of the Year by the Hollywood Chamber of
Commerce.
Ride Along
Commissioner Hernandez stated he rode with the police officers and
thanked them for all their hard work.
Rotary Club Auction
Commissioner Hernandez announced the Rotary Club Auction will be on
May 11th, 12th and 13th. He will be auctioning off the cutting of his pony
tail.
37. Vice Mayor Callari, District 3
Flashing Yellow Lights
Vice Mayor Callari suggested the flashing yellow lights on Johnson Street
should be converted to red flashing after 11:00 PM due to many
accidents.
Traffic
Vice Mayor Callari stated she had residents ask her about traffic calming
signage, on 35th Avenue between Taft Street and Johnson Street, on
Arthur Street, and on North Highlands Drive, with many more residents
who want to do it themselves and pay for it. She asked if it could be
looked into to make it happen.
Dr. Wazir Ishmael, City Manager, explained this can be discussed at the
traffic calming workshop in June.
Orangebrook Elementary School
Vice Mayor Callari announced she also attended the Orangebrook
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Elementary School voting, it was a very wonderful event with various
ballot questions and the Broward Supervisor of Election assisted.
Police Memorial Service
Vice Mayor Callari explained the police memorial service was a
wonderful event
Turtle Nests
Vice Mayor Callari stated this morning three turtle nests were spotted;
she is looking forward to more, and encouraged everyone to watch out
for them.
City Attorney
Vice Mayor Callari requested the City Attorney meet with each
Commission member regarding the information they received before the
next meeting.
38. Mayor Levy
Schools
Mayor Levy stated everyone recognizes the importance of schools .
Mayor Levy explained he attended one of the Education Advisory Board
meetings and he met with Superintendent Runce and encouraged them
to highlight schools in the city.
Rotary Club
Mayor Levy announced the 60th annual Rotary Club Auction event, and
explained the history of the Rotary Club which has meetings every
Tuesday at noon for lunch.
39. City Attorney
Jeffrey P. Sheffel, City Attorney, had no further comments.
40. City Manager
Procurement Card Limits
Dr. Wazir Ishmael, City Manager, explained the procurement card
(p-card) request which was made during the CRA Board meeting, he
advised the Commission the limits can be raised administratively.
Street Closed
Dr. Wazir Ishmael, City Manager, explained tomorrow, May 4, 2017
Harrison Street will be closed for All Aboard Florida work being done,
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with Monroe Street being the next closure.
Young Circle Traffic
Dr. Wazir Ishmael, City Manager, explained the Young Circle Feasibility
Study for traffic flow will have two public meetings. For more information
call Ivan Cabrera, CRA Transportation Planner, at the CRA office.
Broward 211
Dr. Wazir Ishmael, City Manager, explained this morning the City was
selected by Broward 211 in recognition of Community Partnerships.
Clay Milan, Community Development Manager, explained and presented
the award to the Commission.
41. The meeting adjourned at 5:52 PM.
______________________________
Patricia A. Cerny, MMC
City Clerk
Hollywood, Florida
Approved on:
______________________
City of Hollywood Page 15
Agenda
Regular City Commission Meeting
Wednesday, May 3, 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-revised May 3, 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 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 that must be discussed or could be considered
controversial, the items are voted upon by the City Commission individually.
Agenda items not scheduled for a specific time may be considered at any time during the
meeting at the discretion of the Commission.
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.
The following items on this agenda are time certain items.
1:00 PM - Items - 14 thru 18
1:15 PM - Items - 19 thru 20
1:45 PM - Items - 21 thru 22
2:00 PM - Item - 23
5:00 PM - Items - 24 thru 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-2017-110 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving The Regular City Commission Meeting Minutes Of
August 31, 2016.
Attachments: Resolution - min- 08-31-16.doc
August 31, 2016 minutes.pdf
Hernandez conflict August 31 2016 item 32.pdf
Hernandez conflict August 31 2016 item 33.pdf
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Regular City Commission Meeting Meeting Agenda - Final-revised May 3, 2017
5A. R-2017-121 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Appointing Commissioner Kevin Biederman And Thomas A.
Moncilovich To Serve As Directors Of The Hollywood Business
Council, Inc.
Attachments: R-hlwd bus coun appoint and dissolve.doc
Thomas Moncilovich's Bio.docx
Caliber_Award_Winners_2015.pdf
OFFICE OF THE CITY MANAGER
6. R-2017-111 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Supporting The Refund Of Funds Remaining From Cities’
Contribution To The Education Campaign For The 2016
Transportation And Infrastructure Surtax Referendum And
Authorizes The MPO To Retain $14,076.00 Of Hollywood’s Refund
As Payment Of The FY16 And FY17 Membership Fees And Return
$11,055.00 To Be Allocated Toward Small Capital Transportation
Improvements.
Attachments: RESSURTAXCAMPAIGNREFUND.docx
surtax campaign remaining funds.pdf
2016 Membership Fee Invoice.pdf
2017 Membership Fee Invoice.pdf
BIS 17158.doc
COMMUNITY DEVELOPMENT DIVISION
7. R-2017-112 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Execute The Attached Second Amendment To The Neighborhood
Stabilization NSP-1 And NSP-3 Developer Agreement Between The
City Of Hollywood And The Broward Alliance For Neighborhood
Development, Inc. (“B.A.N.D.”) To Facilitate B.A.N.D.’S Continued
Acquisition, Rehabilitation, And Sale Of Foreclosed And Abandoned
Properties Within The City Of Hollywood And Amending The Fiscal
Year 2017 Operating Budget (R-2016-284) As Outlined In Exhibit 1.
Attachments: Reso-BAND 2ND amendNSP1NSP2agreement2017 REV.doc
BANDNSP1NSP3DEVELOPERAGREEMENTSECONDAMEND2017.doc
Copy of BAND Amendment Exhibit 1.xlsx
TermSheetBandacquistionforclosedpropdevag2ndamendment2017.doc
BIS 17159.doc
Requires A 5/7th Vote
City of Hollywood Page 3
Regular City Commission Meeting Meeting Agenda - Final-revised May 3, 2017
8. R-2017-113 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving Execution Of The Attached Community Aesthetic
Feature Agreement Between The City Of Hollywood And The Florida
Department Of Transportation To Facilitate Installation Of Decorative
Vinyl Art-Wrap Coverings On Traffic Signalization Controller
Cabinets Located Throughout The City With Project Funding
Provided By The Hollywood Community Redevelopment Agency And
Further Authorizing Execution By The Appropriate City Officials Of
Any Required Permit Documents Required By Broward County
Government And Necessary For Approval And Implementation Of
The Project.
Attachments: Reso - Signal Cabinet Wraps FINAL REV 2.doc
Signal Cabinet Exhibit A.pdf
CAFA Draft Final Revised.pdf
Tabulation of Quotes.pdf
Term Sheet Signalization 2017.doc
BIS 17163.doc
DEPARTMENT OF FINANCIAL SERVICES
9. R-2017-114 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Execute The
Attached 2017 Amendment To The Interlocal Agreement Between
The City Of Hollywood And Broward County Regarding The Local
Option Gas Tax, Exhibit 1, The Attached 2017 Amendment To The
Interlocal Agreement Between The City Of Hollywood And Broward
County Regarding Additional Local Option Gas Tax On Motor Fuel,
Exhibit 2, And The Attached 2017 Amendment To The Interlocal
Agreement Between The City Of Hollywood And Broward County
Regarding Additional Local Option Gas Tax On Motor Fuel For
Transit, Exhibit 3.
Attachments: Gasreso.doc
Exhibit 1.doc
Exhibit 2.doc
Exhibit 3.doc
tergastx.doc
tergstxa.doc
tergstxt.doc
BIS 17-157.doc
City of Hollywood Page 4
Regular City Commission Meeting Meeting Agenda - Final-revised May 3, 2017
DEPARTMENT OF INFORMATION TECHNOLOGY
10. R-2017-115 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Issue The
Attached Purchase Order Between CDW-G And The City Of
Hollywood For The Purchase Of Computers (PC’s/Laptops) And
Related Equipment For A Not To Exceed Of $200,000.00.
Attachments: REVISED RESO TMP-2017-203
CDW-G Purchase Order.pdf
CDW-G Backup.pdf
tercdwg.doc
BIS 17-162.doc
DEPARTMENT OF PUBLIC UTILITIES
11. R-2017-116 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Issue The
Attached Blanket Purchase Order Between Aquifer Maintenance &
Performance Systems, Inc. And The City Of Hollywood For Wellhead
Maintenance In An Estimated Annual Amount Of $103,700.00.
Attachments: Reso Amps Wellhead.doc
B002982 Aquifer Maintenance and Performance Systems.pdf
Contract No. (12)C-21-H Annual Wellfield Maintenance Services.pdf
Term Sheet - Aquifer Maintenance and Performance Systems, Inc..doc
BIS 17-160.doc
12. R-2017-117 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Reject All Bids
For Solicitation Number F-4540-17-RL For Wellhead Modifications.
Attachments: Reso F-4540-17-RL WellHead Modifications - Rejection of Bids.doc
Department Bid Rejection memo WTP-17-03.pdf
Packet_for_Bid_F-4540-17-RL.pdf
BIS 17-164.doc
13. R-2017-118 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Issue The
Attached Blanket Purchase Order Between Allied Universal
Corporation And The City Of Hollywood For The Purchase Of
Sodium Hydroxide For An Estimated Annual Expenditure Of
$202,000.00.
Attachments: Reso - Allied Universal Corp - Sodium Hydroxide.doc
B002979 Allied Universal.pdf
Piggyback Request Form - Allied Universal - Wastewater Treatment Plant.pdf
Piggyback Request Form - Allied Universal - Water Treatment Plant.pdf
2017-008-sodium-hydroxide-coop-1_REDUCED.pdf
Term Sheet - Allied Universal Corp. - Sodium Hydroxide.doc
BIS 17-155.doc
City of Hollywood Page 5
Regular City Commission Meeting Meeting Agenda - Final-revised May 3, 2017
1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS
14. P-2017-023 Presentation By The Office Of Human Resources, Of The May 2017
Diamond Service Nominees, Diamond Service Award Recipient,
Team Diamond Service Award, And Service Awards For 5, 10, 15,
20, 25, And 30 Years Of Service To The City Of Hollywood And CRA
Employees.
15. P-2017-024 A Proclamation In Recognition Of Public Service Recognition Week,
May 7 - 13, 2017.
Attachments: ProcPSRW - 2017
16. P-2017-025 A Proclamation In Recognition Of National Women’s Lung Health
Week/Turquoise Takeover Week, May 8-12, 2017.
Attachments: ProcNatlWomensLungHealth - 2017.docx
17. P-2017-026 A Proclamation In Recognition Of The 48th Annual Municipal Clerks
Week - May 7-13, 2017.
Attachments: ProcMunicipal Clerks Week-2017
18. P-2017-027 Presentation Of The Purple Heart Flag By George Caffrey, Master
Sgt., The Elks Club In West Hollywood.
1:15 PM TIME CERTAIN ITEM
19. PO-2017-09 An Ordinance Of The City Of Hollywood, Florida, Amending Section
41.08 Of The Code Of Ordinances Regarding The Self-Insurance
Program; Reducing The Required Coverage For The Employers’
Liability Program From $3,000,000.00 Per Incident To $1,000,000.00
Per Incident.
Attachments: Ordinance Self Insurance Employers Liability.doc
O-2005-025.pdf
BIS 17-132.doc
Second Reading
No Changes Since First Reading
Advertised Public Hearing
1:15 PM QUASI-JUDICIAL ITEM
(Rules of Procedure Attached to Agenda)
20. PO-2017-08 An Ordinance Of The City Of Hollywood, Florida, Changing The
Zoning Designation Of The Property Generally Located North Of
Evans Street And West Of 22nd Ave From RS-6 (Single Family) To
RM-9 (Low Density Multiple Family); And Amending The City’s
Zoning Map To Reflect The Change In Zoning Designation.
(16-DPVZ-72)
Attachments: 1672_Ordinance_2017_0405.docx
Attachment I.pdf
Second Reading
No Changes Since First Reading
Advertised Public Hearing
City of Hollywood Page 6
Regular City Commission Meeting Meeting Agenda - Final-revised May 3, 2017
1:45 PM TIME CERTAIN ITEM(S)
21. 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
Beneficiary Information.pdf
Definition of Beneficiary.pdf
Second Reading
Continued From The March 15, 2017 Meeting
22. 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
Continued From The March 15, 2017 Meeting
City of Hollywood Page 7
Regular City Commission Meeting Meeting Agenda - Final-revised May 3, 2017
2:00 PM TIME CERTAIN ITEM
23. PO-2017-01 An Ordinance Of The City Of Hollywood, Florida, Creating The
Emerald Hills Safety Enhancement District, A Dependent Special
District Authorized By Section 189.02, Florida Statutes; Providing For
The Purpose, Powers, Functions And Duties Of The District;
Designating The Geographic Boundary Limitations Of The District;
Stating The Authority Of The District; Explaining Why The District Is
The Best Alternative; Designating The Membership, Organization,
Compensation And Administrative Duties Of The Governing Board
Of The District; Stating All Financial Disclosures, Noticing And
Reporting Requirements; Declaring That The Creation Of The
District Is Consistent With The Approved Local Government
Comprehensive Plans; Providing For Conflicts; Providing For
Severability; Providing For Sunset; And Providing For An Effective
Date.
Attachments: ORDINANCE - Emerald Hills Security Enhancement District - second reading - 3.doc
MEMO- 1 of 2 Safe Neighborhood Impro District- Citizen Comments Addressed.doc
Memo - 2 of 2 - EMSED - Memo.pdf
Emerald Hills West HPD Ballot.pdf
Emerald Hills Safety Enhancement District Notice Mailing.pdf
Emerald Hills Safety Enhancement District - Invoice.pdf
Emerald Hills Safety Enhancement District - payment.pdf
Emerald Hills Safety Enhancement District - Map - Entire District.pdf
EMSED-1.pdf
EMSED-2.pdf
EMSED-3.pdf
EMSED-4.pdf
EMSED-5.pdf
EMSED-6.pdf
emerald hills mailing.pdf
Second Reading
Continued From The April 5, 2017 Meeting
5:00 PM TIME CERTAIN ITEM(S)
24. P-2017-028 A Proclamation In Recognition Of Drinking Water Week - May 7 -13,
2017.
Attachments: ProcDrinkingWaterWk - 2017
25. P-2017-029 Presentation Of Awards By Dawn "Ali" Parker, Regulatory
Compliance Officer, To The Winners Of The 2017 Water
Conservation Poster Contest.
Attachments: 2017 Water Conservation Poster Contest Winners.pptx
City of Hollywood Page 8
Regular City Commission Meeting Meeting Agenda - Final-revised May 3, 2017
ORDINANCE(S)
26. PO-2017-10 An Ordinance Of The City Of Hollywood, Florida, Approving The
Application Of The 20% Flexibility Rule (Industrial To Commercial)
To Approximately 0.75 Acres Generally Located At The Northwest
Corner Of Sheridan Street And North 29th Avenue, Pursuant To The
City Of Hollywood’s Comprehensive Plan And Policy 13.01.10 Of
The Broward County Land Use Plan; And Amending The City’s Land
Use Map To Reflect The Change In Land Use Designation. (17-F-10)
Attachments: Ordinance_Cali Coffee.doc
Exhibit A.pdf
Attachment I.pdf
First Reading
REGULAR AGENDA
27. P-2017-030 Presentation By Jim Udvardy, Project Director South Florida
Commuter Services, Florida Department Of Transportation, On The
2017 South Florida Commuter Challenge.
Attachments: CommuterChallenge.pdf
28. P-2017-031 Presentation By Anthony Alonso, Co-Chair Of The Government
Affairs Committee, Providing An Update On Hollywood Chamber Of
Commerce Activities.
29. P-2017-032 Presentation By Gus Zambrano, Assistant City Manager For
Sustainable Development, Regarding The State Road 7 Transit
Oriented Corridor (TOC).
30. R-2017-119 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Execute The
Attached Authorization To Proceed For Work Order No. ANA 17-01
Between Atkins North America, Inc. And The City Of Hollywood To
Provide Professional Engineering Services For The Water Main
Replacement Program From Hollywood Boulevard To Sheridan
Street And Between N. 31st Avenue And N. 35th Avenue Including
The Design And Permitting Of A Reuse Water Main Along Johnson
Street From N. Park Road To N. 56th Avenue, As Identified In The
2007 Water System Master Plan, In The Amount Of $1,172,908.00
(Project No. 16-5135).
Attachments: Resolution - Atkins North America ATP ANA 17-01 WMRP & Reuse Water Main.doc
ATP - Atkins North America ATP ANA 17-01 WMRP & Reuse Water Main.pdf
Proposal - Atkins North America ATP ANA 17-01 WMRP & Reuse Water Main.pdf
R-2009-209 - Atkins North America ATP ANA 17-01 WMRP & Reuse Water Main.pdf
R-2013-110 - Atkins North America ATP ANA 17-01 WMRP & Reuse Water Main.pdf
R-2015-068 - Atkins North America ATP ANA 17-01 WMRP & Reuse Water Main.pdf
Term Sheet - Atkins North America, Inc. Work Order ANA 17-01.doc
BIS 17-152.doc
City of Hollywood Page 9
Regular City Commission Meeting Meeting Agenda - Final-revised May 3, 2017
31. R-2017-120 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Execute The
Attached Authorization To Proceed For Work Order No. KHA 17-01
Between Kimley Horn And Associates, Inc. And The City Of
Hollywood To Provide Professional Engineering Services For The
Water Main Replacement Program From Hollywood Boulevard To
Taft Street And Between N. Dixie Highway And N. 28th Avenue, As
Identified In The 2007 Water System Master Plan, In The Lump Sum
Amount Of $1,402,539.65 (Project No. 16-5134).
Attachments: Resolution -Kimley Horn KHA 17-01 WMRP (5134).doc
ATP - Kimley Horn KHA 17-01 WMRP (5134).pdf
Proposal - Kimley Horn KHA 17-01 WMRP (5134).pdf
R-2009-214.pdf
R-2013-110.pdf
R-2015-068.pdf
Term Sheet - Kimley Horn and Associates - Work Order 17-01.doc
BIS 17-161.doc
COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY
MANAGER
32. Commissioner Blattner, District 4
33. Commissioner Biederman, District 5
34. Commissioner Sherwood, District 6
35. Commissioner Case, District 1
36. Commissioner Hernandez, District 2
37. Vice Mayor Callari, District 3
38. Mayor Levy
39. City Attorney
40. City Manager
41. ADJOURNMENT
City of Hollywood Page 10
Regular City Commission Meeting Meeting Agenda - Final-revised May 3, 2017
Any person who wishes to speak must first complete a comment card from the City Clerk .
Comment cards must be returned to the City Clerk within the first five minutes after the start
of the agenda item. After being recognized, approach the podium, give your name and
address, identify your client or clients (if applicable). A citizen's time is not transferable to any
other person.
Citizens' Comments shall be held on the Third Wednesday of each month at the Regular City
Commission Meeting in the City Commission Chambers, Room 219, at 5:00 PM.
Lobbyist registration is required if any person, firm or corporation is lobbying the City
Commission on any petition or issue, pursuant to the Section 30.15 of the Code of
Ordinances.
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.
City of Hollywood Page 11
Regular City Commission Meeting Meeting Agenda - Final-revised May 3, 2017
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).
Disclosure Of Real Estate Interests And Business Relationships - When an agenda item
involves the use or development of land, each member of the City Commission, the City
Manager, the Assistant City Manager, the City Attorney, the Deputy City Attorney, and the
director and assistant director(s) of each City department and City office shall disclose orally,
at the time the City Commission begins to discuss the item, or in writing to the City Clerk prior
to the publication of the agenda, any significant interest (as defined below) that such City
official or employee or any relative of such City official or employee has in land located within
300 feet of the land that is the subject of the item. When an agenda item involves an
invitation for bids, request for proposals, request for qualifications, request for letters of
interest, or other competitive solicitation, each member of the City Commission, the City
Manager, the Assistant City Manager, the City Attorney, the Deputy City Attorney, and the
director and assistant director(s) of each City department and City office shall disclose orally,
at the time the City Commission begins to discuss the item, or in writing to the City Clerk prior
to the publication of the agenda, any client or business relationship that such City official or
employee or any relative of such City official or employee has with any business entity that
has submitted a response to the competitive solicitation. “Significant interest” means
ownership of more than 5 percent of the value of the land.
Persons attending meetings shall remain seated at all times unless called upon to speak, will
not call out comments during the meeting or make inappropriate hand or facial gestures.
Please silence all cell phones prior to entering the meeting.
City of Hollywood Page 12
Regular City Commission Meeting Meeting Agenda - Final-revised May 3, 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.
IV. Witnesses and Supporting Materials. At least eight City business days before a
quasi-judicial hearing.
City of Hollywood Page 13
Regular City Commission Meeting Meeting Agenda - Final-revised May 3, 2017
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.
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.
City of Hollywood Page 14
Regular City Commission Meeting Meeting Agenda - Final-revised May 3, 2017
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).
10. At the discretion of the Presiding Officer, the Applicant may be permitted to respond to
City of Hollywood Page 15
Regular City Commission Meeting Meeting Agenda - Final-revised May 3, 2017
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
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,
City of Hollywood Page 16
Regular City Commission Meeting Meeting Agenda - Final-revised May 3, 2017
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 17
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