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Regular City Commission Meeting

Regular Meeting

Hollywood, FL · June 21, 2017

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Minutes

City of Hollywood Hollywood City Hall 2600 Hollywood Blvd Hollywood, FL 33020 http://www.hollywoodfl.org Meeting Minutes - Final Wednesday, June 21, 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 Alan Fallik, Acting City Attorney Patricia A. Cerny, City Clerk Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 . The Regular City Commission Meeting of the City of Hollywood, Florida, was called to order by Mayor Levy on Wednesday, June 21, 2017 at 1:09 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 Blattner, to adopt the Consent Agenda. The motion passed unanimously. (7-0) 5. R-2017-162 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Regular City Commission Meeting Minutes Of September 7, 2016. ACTION: This Resolution was moved by Vice Mayor Callari, which was seconded by Commissioner Blattner, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 6. R-2017-163 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Special City Commission Meeting Minutes Of September 14, 2016. ACTION: This Resolution was moved by Vice Mayor Callari, which was seconded by Commissioner Blattner, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 7. R-2017-164 A Resolution Of The City Commission Of The City Of Hollywood, Florida, City of Hollywood Page 1 Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 Approving The Regular City Commission Meeting Minutes Of September 21, 2016. ACTION: This Resolution was moved by Vice Mayor Callari, which was seconded by Commissioner Blattner, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 8. R-2017-165 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Special City Commission Meeting Minutes Of September 28, 2016. ACTION: This Resolution was moved by Vice Mayor Callari, which was seconded by Commissioner Blattner, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 9. R-2017-166 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute The Attached Right-Of-Way License Agreement, Between Greg Salsburg D/B/A Penn Dutch Food Center (Licensee) And The City Of Hollywood, (Licensor), For Use Of The Public Right-Of-Way For Parking At 3950 North 28th Terrace, Based On A Four Year Term And First Year Annual Fee Of $6,067.44, Payable Quarterly In Advance, With An Annual Increase Of Three Percent (3%). ACTION: This Resolution was moved by Vice Mayor Callari, which was seconded by Commissioner Blattner, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 10. R-2017-167 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Supporting The Installation Of Solar Powered Yellow School Zone Indicator Lights To “End School Zone” Signs By The Broward County School District; Providing For Severability, Providing For Conflicts; And Providing For An Effective Date. ACTION: This Resolution was moved by Vice Mayor Callari, which was seconded by Commissioner Blattner, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 11. R-2017-168 A Resolution Of The City Commission Of The City Of Hollywood, Florida, To Reaffirm Commitment To Climate Action And The Climate Goals Set Out In The City’s Sustainability Action Plan, To Support The Principles And Goals Of The Paris Agreement, And To Continue To Implement Actions To Meet Established Climate Mitigation Goals. City of Hollywood Page 2 Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 ACTION: This Resolution was moved by Vice Mayor Callari, which was seconded by Commissioner Blattner, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 12. R-2017-169 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute The Attached Right-of-Way License Agreement Between Robert L. And Barbara A. Marks And The City Of Hollywood For The Location Of A CBS Decorative Wall Within The Right-of-Way For South North Lake Drive, For A License Fee Of $200.00 And A Ten (10) Year Term. ACTION: This Resolution was moved by Vice Mayor Callari, which was seconded by Commissioner Blattner, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 13. R-2017-170 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Approve A Change Order In The Amount Of $84,055.00 For Structural Integrity Contractors Inc. For Unforeseen Structural Repairs To The Van Buren Parking Garage And To Amend The Approved Fiscal Year 2017 Capital Improvement Program, As Set Forth In Exhibit A. ACTION: This Resolution was moved by Vice Mayor Callari, which was seconded by Commissioner Blattner, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 15. R-2017-172 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 Kina Group D/B/A All Uniform Wear And The City Of Hollywood For The Purchase Of Police Uniforms In An Estimated Annual Expenditure Of $99,022.00. ACTION: This Resolution was moved by Vice Mayor Callari, which was seconded by Commissioner Blattner, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 16. R-2017-173 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Expenditure Of Federal (Justice) Law Enforcement Forfeiture Funds Pursuant To The Federal Comprehensive Crime Control Act Of 1984 For The Purchase Of Two (2) Ford T350 Transport Vans, Emergency Light Packages, And Interior Vehicle Equipment In An Amount Not To Exceed $112,000.00 To Be Utilized By The Police Department’s Swat Team; Approving And Authorizing The Issuance Of A Purchase Order Between The City And Garber Ford For The Purchase Of The Two 2017 Transit Cargo Vans In The Amount Of City of Hollywood Page 3 Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 $65,994.00; Approving And Authorizing The Issuance Of A Purchase Order Between The City And Emergency Vehicle, Inc. For The Purchase Of Interior Vehicle Equipment In An Amount Not To Exceed $38,005.00; 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 Blattner, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 17. R-2017-174 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending Resolution No. R-2017-066 To Increase The Expenditure Of State Law Enforcement Forfeiture Funds To Defray Expenses/Costs Associated With The Seizure And Processing Of Forfeiture Cases From $20,181.18 to $70,181.18; 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 Blattner, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 19. P-2017-038 Presentation By Christopher Pratt, Fire Chief, On The Citizens Lifesaving Award To Jose Cabrera, Samuel Rivera and Ryan Seilkop. Christopher Pratt, Fire Chief, read the commendation which resulted in Jose Cabrera, Samuel Rivera and Ryan Seilkop receiving the Citizens Lifesaving Award. Jose Cabrera, Samuel Rivera and Ryan Seilkop accepted the award and thanked the Commission for the recognition. 20. P-2017-039 Presentation Of The "Charles F. Vollman Certificate Of Appreciation" Award By The Hollywood Council Of Civic Associations To Patricia Antrican. Cliff Germano, Hollywood Council of Civic Associations, read the commendation which resulted in Patricia Antrican being recognized with the Charles F. Vollman Certificate of Appreciation. Patricia Antrican accepted the award and thanked the Hollywood Council of Civic Associations and the City Commission for the recognition. 14. R-2017-171 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute The Attached Amended And Restated Agreement For Beach Services On Hollywood Beach Between Margaritaville Hollywood Beach Resort, LLC And The City of Hollywood Page 4 Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 City Of Hollywood. Discussion ensued among members of the Commission. Lon Tabatchnick, Margaritaville, responded to questions raised by the Commission. Dr. Wazir Ishmael, City Manager, provided additional information. Discussion ensued among staff, Mr. Tabatchnick and members of the Commission. Chuck Ellis, Director of Parks, Recreation and Cultural Arts, responded to concerns raised by the 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 unanimously. (7-0) 21. P-2017-040 Presentation By Raelin Storey, Director Of Public Affairs & Marketing, On The Visual Branding Concept And Theme For All Public Relations, Marketing And Collateral Materials Produced By And For The City Of Hollywood, Florida. Raelin Storey, Director of Public Affairs and Marketing, provided a presentation on the visual branding concept and theme for all public relations, marketing and collateral materials produced by and for The City of Hollywood, Florida. Margaret Wilesmith, Wilesmith Advertising, provided additional information on the branding and logo. Commissioner Sherwood left the meeting at 1:51 PM and returned at 1:57 PM. Scott Eurich, Wilesmith Advertising, provided additional information on the logo and the various areas it can be utilized. Discussion ensued among staff and members of the Commission. 18. R-2017-175 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue The Attached Purchase Order Between Schwing Bioset And The City Of Hollywood For The Purchase Of Reactor Feed Pump Number 2 Parts For An Estimated Annual Amount Of $73,428.27. Commisisoner Hernandez declared a conflict of interest as this company City of Hollywood Page 5 Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 has done business with his company in the past. ACTION: Motion was made by Commissioner Blattner, which was seconded by Commissioner Biederman, to adopt the Resolution. On a voice vote the motion passed 6-0. Commissioner Hernandez abstained. 22. R-2017-176 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering The Revocation Of The Live Music Extended Hours License Previously Issued To Amsterdam Bar And Restaurant, Pursuant To Section 113.26(D) Of The City Of Hollywood Code Of Ordinances. ACTION: Dr. Wazir Ishmael, City Manager, withdrew the resolution from consideration. 28. P-2017-042 Presentation By Michael D. Futterman, Partner In Charge, Marcum LLP, To The City Of Hollywood, Fiscal Year 2016 Comprehensive Annual Financial Report And Fiscal Year 2016 Audit Results. Michael D. Futterman, Marcum LLP, provided a presentation to the City Commission on the FY 2016 Comprehensive Annual Financial Report and FY 2016 audit results. Discussion ensued among members of the Commission. George Keller, Assistant City Manager for Finance and Administration, and Alan Fallik, Acting City Attorney, responded to questions raised by the Commission. 26. PO-2017-11 An Ordinance Of The City Of Hollywood, Florida, Amending Chapter 119 Of The Code Of Ordinances Entitled “Vacation Rental License Program” To Revise The Definition Of A Vacation Rental, And To Require Compliance Inspections For Vacation Rentals; Providing For Severability; Providing For Conflicts; Providing For An Effective Date. Lorie Mertens-Black, Chief Civic Affairs Officer, provided a presentation on the intent of the ordinance. The following individuals expressed personal opinions/concerns: 1. Samirah Hanitt, 2519 Madison Street 2. Terry Cantrell, 745 Harrison Street 3. Michelle Lopate, 1245 Madison Street 4. Diana Suissa, Smart Stay USA 5. Valerie Galsky, Val Gal Vacation Rentals, 360 Oregon Street 6. Jorge Palacios, Smart Stay, 1163 Garfield Street 7. Felice Schonfeld, 943 N Southlake Drive 8. Illana Levy, 950 N Southlake Drive City of Hollywood Page 6 Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 9. Stephanie Anderson, Cleveland Street 10. Andrew Gaskin, 1845 NW 72nd Way Mayor Levy passed the gavel to Vice Mayor Callari and left the meeting at 3:00 PM and returned at 3:01 PM. 11. Cliff Germano, 1627 N 28th Court 12. Howard Clare, 2709 NW 15th Street, Pompano Beach 13. Peggy Mayer, 11 Lozier Avenue, Westfield, MA 14. Ron Yanks, 2306 Lee Street 15. Helen Chervin, 2470 Adams Street 16. Nancy Fowler, 2616 Coolidge Street 17. Bram Portnoy, 5911 SW 32 Terrace 18. Adam Sanders, 2851 West Prospect Road, Fort Lauderdale Commissioner Blattner left the meeting at 3:25 PM and returned at 3:27 PM. 19. Tom Martinelli, 3250 NE 1st Avenue, #305, Air B&B 20. Eli ouim, ERO Rentals, Hallandale Beach Commissioner Hernandez left the meeting at 3:30 PM and returned at 3:35 PM. 21. Ellen Mitchel, Prestige Properties Team Vice Mayor Callari left the meeting at 3:34 PM and returned at 3:36 PM. 22. Ron Lennen, 1630 N 30th Court, Oakland Park Discussion ensued among staff and members of the Commission. ACTION: Motion was made by Vice Mayor Callari, which was seconded by Commissioner Biederman, to adopt on first reading the Ordinance. Alan Fallik, Acting City Attorney, responded to questions raised by the Commission. ACTION: Motion was made by Commissioner Sherwood, which was seconded by Commissioner Blattner, to amend the Ordinance to have a clear list of items to be inspected. ACTION: Commissioner Blattner withdrew his second and the motion died due to lack of a second. City of Hollywood Page 7 Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 John Chidsey, Code Compliance Manager, and Phil Sauer, Chief Building Official, responded to questions raised by the Commission. ACTION: Motion was made by Commissioner Hernandez, which was seconded by Commissioner Biederman, to amend the Ordinance to allow for a 50% registration discount during a 90 day amnesty period. Discussion ensued among members of the Commission. ACTION: Commissioner Hernandez withdrew his motion to amend. The City Clerk read the title of the ordinance on first reading. ACTION: On roll call vote the motion which was made by Vice Mayor Callari, and seconded by Commissioner Biederman, to adopt on first reading the Ordinance passed 7-0. Aye: Commissioner Case Commissioner Hernandez Vice Mayor Callari Commissioner Blattner Commissioner Biederman Commissioner Sherwood Mayor Levy 27. R-2017-177 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending R-2015-328 To Increase The Application Fee For Vacation Rental Licenses Within The City Of Hollywood To $500.00 And The Renewal Fee To $350.00, Establishing An Application Fee For Vacation Rental Licenses For Applicants Whose Primary Residence Is Partially Being Rented And Establishing An Inspection Fee. ACTION: Dr. Wazir Ishmael, withdrew the resolution from consideration. 23. PO-2017-12 An Ordinance Of The City Of Hollywood, Florida, Amending Ordinance No. O-76-25, The Hillcrest PUD Ordinance, As Amended By Resolution R-81-56, Ordinances O-81-80, O-84-54, O-87-39, O-93-75, O-99-09, O-2000-05, O-2002-34, O-2009-38, O-2013-11 And O-2016-10 By Amending Exhibit “A” Of O-2016-10 To Modify The Conditions To The Hillcrest PUD-R Modified Site Plan For Phase 2 Of The Previously Approved 645 Residential Units And Amenities, Including But Not Limited To The Golf Course. (15-JPZ-44a) Commisisoner Hernandez and Commisisoner Sherwood left the meeting at 4:31 PM. City of Hollywood Page 8 Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 The Acting City Attorney explained waiving the quasi-judicial procedures and Mayor Levy questioned if there were any objections to waiving them . Being that there was an objection, the quasi-judicial procedures were not waived. The City Clerk swore in those persons wishing to speak. Commissioner Hernandez returned to the meeting at 4:32 PM. Commissioner Case left the meeting at 4:33 PM and returned at 4:35 PM. Commissioner Sherwood returned to the meeting at 4:35 PM. The City Commission declared their ex-parte communications. Commissioner Hernandez left the meeting at 4:35 PM. The City Clerk swore in those persons who will provide testimony. Commissioner Biederman left the meeting at 4:39 PM and returned at 4:42 PM. Tekisha Jordan, Principal Planner, provided a presentation on the intent of the ordinance, she entered her staff report and backup as staff exhibit 1. The Commission asked questions of the witness. Commissioner Hernandez returned to the meeting at 4:43 PM. Ken Delatorre, Design and Entitlement Consultants, LLC., Applicant, presented himself as availalbe for questions for the Commission. Alan Fallik, Acting City Attorney, advised the City Commission on the applicable law. Discussion ensued among members of the Commission. Luis Lopez, City Engineer, responded to questions raised by the Commission. The City Clerk read the title of the ordinance on first reading. ACTION: Motion was made by Commissioner Hernandez, which was seconded by Vice Mayor Callari, to adopt on first reading the Ordinance. The motion on roll call vote carried: City of Hollywood Page 9 Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 Aye: Commissioner Case Commissioner Hernandez Vice Mayor Callari Commissioner Blattner Commissioner Biederman Commissioner Sherwood Mayor Levy 25. P-2017-027 Presentation Of The Purple Heart Flag By George Caffrey, Master Sgt., The Elks Club In West Hollywood. George Caffrey, Master Sergeant, The Elks Club in West Hollywood, presented The Purple Heart Flag. Luis Colon, Purple Heart State of Florida, provided additional information on the Purple Heart. 24. P-2017-041 Presentation By Jorge Camejo, Executive Director Of The Hollywood, Florida, Community Redevelopment Agency, Regarding Findings Of The Young Circle Roadway Feasibility Study. Jorge Camejo, CRA Executive Director, provided an introduction on the purpose of the study and introduced Ian Lockwood, of the Toole Design Group. Mayor Levy passed the gavel to Vice Mayor Callari and left the meeting at 4:57 PM and returned at 5:00 PM. Ian Lockwood, Toole Design Group, provided a detailed presentation on the results of the roadway feasibility study. Discussion ensued among members of the Commission and Ian Lockwood. 29. R-2017-178 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute The Attached Contract Between Southeastern Engineering Contractors, Inc. And The City Of Hollywood, For 2017 Alley Resurfacing And Reconstruction Program Bid Number En-17-013 At Various Locations In The City Of Hollywood In The Amount Of $1,159,138.40. ACTION: Motion was made by Commissioner Hernandez, which was seconded by Vice Mayor Callari, to adopt the Resolution. On a voice vote the motion passed unanimously. (7-0) 30. R-2017-179 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Expenditure Of Federal (Justice) Law Enforcement City of Hollywood Page 10 Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 Forfeiture Funds Pursuant To The Federal Comprehensive Crime Control Act Of 1984 For The Purchase Of Six (6) Stalker Lidar RLR-C Radars And Five (5) Stalker SAM-R Speed Trailers In The Total Aggregate Amount Of $49,990.00; And Amending The Fiscal Year 2017 Operating Budget (R-2016-284) As Outlined In Exhibit 1. ACTION: Motion was made by Commissioner Hernandez, which was seconded by Commissioner Sherwood, to adopt the Resolution. On a voice vote the motion passed unanimously. (7-0) 31. R-2017-180 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute The Attached Right-Of-Way License Agreement Between Ralph Hawkins D/B/A Sea Legs Marina, Inc. (Licensee) And The City Of Hollywood (Licensor), For Use Of The Public Right-Of-Way For Parking And Boat Dock Slips At 5398 N. Ocean Drive, Based On A Ten Year Term And First Year Annual Fee Of $2,871.26, Payable Quarterly In Advance, And Subject To A Yearly Annual Escalation Of 3% And Includes A Onetime Additional Cost of $1,300.00 For A Survey, Payable Fully Or Quarterly Within A Year. Shiv Newaldess, Chief Development Officer, explained the intent of the resolution. The following individuals expressed personal opinions/concerns: 1. Steven Goldenberg, 2780 East Oakland Park Blvd. 2. Ken Hawkins, Sea Legs marins Commissioner Biederman left the meeting at 5:47 PM. 3. Ralph Hawkins, Sea Legs Marina ACTION: Motion was made by Commissioner Hernandez, which was seconded by Commissioner Case, to adopt the Resolution. On a voice vote the motion passed 6-0. Commissioner Biederman was absent. 32. R-2017-181 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending The Five Year Consolidated Plan For Fiscal Years 2014-2015 Through 2018-2019 And Adopting A One Year Action Plan And Projected Use Of Funds For Federal Program Year 2017-2018. Clay Milan, Community Development Manager, explained the intent of the resolution. 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 speak, the public hearing City of Hollywood Page 11 Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 was declared closed. Commissioner Biederman returned to the meeting at 5:49 PM. Commissioner Biederman declared a voting conflict. ACTION: Motion was made by Commissioner Hernandez, which was seconded by Commissioner Sherwood, to adopt the Resolution. On a voice vote the motion passed 6-0. Commissioner Biederman abstained. The Commission recessed at 5:49 PM and reconvened at 5:53 PM with Commissioner Blattner absent. 33. CITIZENS’ COMMENTS Commissioner Blattner returned to the meeting at 5:55 PM. The following individuals expressed personal opinions/concerns: 1. Donna Nasr, 4436 Saddlewerth Circle 2. Jim Odel, 1924 SE Ancorea Court , Port Saint Lucie 3. Ricky Van Horten, 2023 Wilson Street 4. Richard Campbell, 5565 Adair Way, Lake Worth, FL 5. Raymond Santos, 1606 N 29th Avenue 6. Laurie Milligan, 2620 Harding Street 7. Linda Schainberg, 1220 NW 76 Terrace, Pembroke Pines 8. Moses Rogers, 436 N 4th Street, Pompano Beach, FL 9. Raymond Hatfield, 14740 SW 301 Street, Homestead, FL 10. Joanne Carbana, 19301 NW 52 Court, Miami 11. Levell Strong, 1755 E Hallandale Beach Blvd. 12. Shakema Glover, 2254 Douglas Street 13. Benjamin Israel, 3881 N 41 Court 14. Annele Dunbar, 2254 Douglas Street 15. Tiffany Burks 16. Helen Boyer, 2254 Douglas Street 17. Nahil Carranza, Cooper City, 18. Jamecia Gray, 2741 Polk Street 19. Cassia Esper, 5721 Castlegate Avenue, Davie 20. Muriel LeGuillar, 2816 N 46 Avenue 21. Jeff Black, 2211 S. Ocean Drive 22. Vicky Rosenthal, 2254 Douglas Street 23. Cindy Johnson, 9330 NW Plantation 24. Kelly Tigertail, 1533 NE 110 Terrace, Miami 25. Andre Brown, 2316 Mayo Street City of Hollywood Page 12 Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 26. Kefira Baron, 828 NE 17 Ave Commissioner Blattner left the meeting at 6:59 PM and returned at 7:01 PM. Commissioner Sherwood left the meeting 7:01 PM and returned at 7:07 PM. 27. Tia Emenike, 2254 Douglas Street 28. Carlos Naranjo, 2741 Polk Street 29. Shirane Kikutis, 2919 Arthur Street 30. Sean Atkinson, 1106 N 31 Avenue 31. Laurie Schecter, 4500 N Surf Road, 32. Sylvia Koutsopontis, 1821 Lee Street 33. Marty Goodman, 2200 Monroe Street 34. Commissioner Case, District 1 Commission in the Community Meeting Commissioner Case announced the Commission in the Community Meeting will be on June 28, 2017 at the Hollywood Beach Community & Cultural Center at 6:00 PM. Tourism Commissioner Case stated she has attended various meetings where the proposed 75% cuts in tourism was discussed, especially to the Visit Florida program. She was happy to hear that Visit Florida will be getting their funding. Getting Involved Commissioner Case stated she attended the State Town Hall meeting where the discussions were on getting people involved, getting them informed and encouraging them to vote. Workshops Commissioner Case stated earlier today the City had two workshops regarding neighborhood traffic issues, and septic to sewer. Both workshops were excellent and provided a lot of information. Street Renaming Commissioner Case thanked everyone for attending Citizens’ Comments today and expressing their opinion on the street renaming issue. City of Hollywood Page 13 Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 35. Commissioner Hernandez, District 2 Young Circle Commissioner Hernandez stated regarding today's workshop the potential for Young Circle is big and the City needs to look at it as a redevelopment for the area. Vacation Rentals/Party Houses Commissioner Hernandez stated there are property rights on both ends of the issue regarding vacation rentals, and he is hoping that Air B&B can work with the city to eliminate issues as discussed earlier with party houses. Speakers Addresses Commissioner Hernandez explained the Sunshine Law does not require a speaker to provide their address. Several speakers were giving wrong addresses, instead of just stating they did not want to provide this information. By the speaker giving the incorrect address, this resulted in misleading information to the Commission. 36. Vice Mayor Callari, District 3 Swale Parking Vice Mayor Callari stated parking in swales and on the street is still a big issue in North Central, Parkeast and Hollywood Hills and asked Code Compliance to educate the residents this is not acceptable. Illegal Dumping Vice Mayor Callari thanked the Department of Public Works for removing the various downed signs, furniture, and other issues in a timely manner. Vacation Rentals Vice Mayor Callari stated a lot of residents came to the meeting for the vacation rental issues. Street Renaming Vice Mayor Callari spoke about the process and rules regarding how issues are handled. How a decision by the City Commission, can affect residents, especially in regards to the renaming of streets. 37. Commissioner Blattner, District 4 Street Renaming Commissioner Blattner explained during recent travels he attended City of Hollywood Page 14 Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 various historical places and events, and he just read “Devil in the Grove: Thurgood Marshall”. Commissioner Blattner stated he will vote for the street renaming changes, the sooner the better. 38. Commissioner Biederman, District 5 Bus Shelter/Benches Commissioner Biederman stated a new bus shelter is needed on N. 66th Avenue and Sheridan Street. Also, bus benches are needed along Sheridan Street. He requested staff investigate what can be done to get them installed. Commission Meetings Commissioner Biederman stated he attended the City of Sunny Isles Commission meeting last week, they have a prerecorded message by the Mayor which the City plays regarding their rules, and suggested Hollywood do the same. Commissioner Biederman also suggested adding a signature line to the speaker card, signing that they are speaking truthful information. Brain Awareness Month Commissioner Biederman announced this is Brain Awareness Month to support brain diseases. People are wearing purple shirts in support of the cause. Street Renaming Commissioner Biederman stated he is showing appreciation for the recent submission of three street name changes. ACTION: A motion was made by Commissioner Biederman to accept the applications and put in dual street names for one year. The motion died due to lack of a second. 39. Commissioner Sherwood, District 6 Street Renaming Commissioner Sherwood stated she agrees with some of the comments made, but wants the street renaming to go through the process and have the residents be informed and able to have a voice in the process. 40. Mayor Levy Street Renaming Mayor Levy explained the history of the City and how things have changed over the years. Some movements, such as the right to vote, City of Hollywood Page 15 Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 have taken time. Hollywood is welcoming to everyone and he wants the streets renamed. There is a process for the renaming and he encouraged supporters not to be discouraged. 41. City Attorney COPS Grant Alan Fallik, Acting City Attorney, asked the City Commission to authorize the Police Department to apply for COPS grants. . R-2017-182 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HOLLYWOOD, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPLY FOR AND ACCEPT, IF AWARDED, THREE (3) COPS COMMUNITY POLICING DEVELOPMENT 2017 GRANTS FROM THE UNITED STATES DEPARTMENT OF JUSTICE, TWO (2) OF WHICH ARE FOR AN APPROXIMATE AMOUNT OF $75,000.00 EACH TO SUPPORT COMMUNITY POLICING IN VIOLENT CRIME AND/OR GANG REDUCTION, AND ONE (1) GRANT IN AN APPROXIMATE AMOUNT OF $114,000.00 TO PREPARE FOR ACTIVE SHOOTER SITUATIONS, FOR A TOTAL AGGREGATE GRANT AMOUNT NOT TO EXCEED $264,000.00; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE ANY AND ALL APPLICABLE GRANT DOCUMENTS AND AGREEMENTS; AND FURTHER AUTHORIZING THE ESTABLISHMENT OF CERTAIN ACCOUNTS TO RECOGNIZE AND APPROPRIATE THE GRANT FUNDING, IF AWARDED. 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) 42. City Manager Henry Graham Park Dr. Wazir Ishmael, City Manager, explained the improvements to Henry Graham Park are proceeding and expected to be completed in the next few weeks. The grand opening will be in September. 441 TOC Meeting Dr. Wazir Ishmael, City Manager, announced the Planning Division will host a 441 TOC meeting tomorrow Thursday, June 22, 2017 at 8:00 AM at Metro Signs, located at 1220 S. State Road 7. The goal is to review the proposed zoning regulations with area businesses. Workshop City of Hollywood Page 16 Regular City Commission Meeting Meeting Minutes - Final June 21, 2017 Dr. Wazir Ishmael, City Manager, announced the City Commission workshop on June 27, 2017 at 11:00 AM in room 215 where staff will review the proposed 441 TOC zoning with the Commission. Complete Street Open House Dr. Wazir Ishmael, City Manager, announced on June 22, 2017 the Florida Department of Transportation (FDOT) and the Metropolitan Planning Organization (MPO) will have a Complete Street Open House meeting at 5:00 PM in the second floor lobby of City Hall. Complete Street Groundbreaking Ceremony Dr. Wazir Ishmael, City Manager, announced the Complete Street Groundbreaking ceremony on June 27, 2017 at 9:30 AM on the east side of City Hall. Ramadan Dr. Wazir Ishmael, City Manager, stated as Ramadan comes to a close, he wants to say “Eid Mubarak” to all of those who have been observing the holiday. 43. The meeting adjourned at 7:56 PM. ______________________________ Patricia A. Cerny, MMC City Clerk Hollywood, Florida Approved on: ______________________ City of Hollywood Page 17

Agenda

Regular City Commission Meeting Wednesday, June 21, 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 Alan Fallik, Acting City Attorney Patricia A. Cerny, City Clerk Regular City Commission Meeting Meeting Agenda - Final June 21, 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 - 19 thru 20 1:30 PM - Item - 21 2:00 PM - Item - 22 3:00 PM - Item - 23 4:15 PM - Item - 24 4:45 PM - Item - 25 5:00 PM - Item - 33 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-2017-162 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Regular City Commission Meeting Minutes Of September 7, 2016. Attachments: Resolution - min - 9-7-16.doc September 7, 2016 minutes.pdf Hernandez conflict September 7 2016 meeting.pdf City of Hollywood Page 2 Regular City Commission Meeting Meeting Agenda - Final June 21, 2017 6. R-2017-163 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Special City Commission Meeting Minutes Of September 14, 2016. Attachments: RESO-min-special 09-14-16.doc September 14, 2016 minutes 111.pdf 7. R-2017-164 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Regular City Commission Meeting Minutes Of September 21, 2016. Attachments: Resolution - min- 09-21-2016.doc September 21, 2016 minutes.pdf 8. R-2017-165 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Special City Commission Meeting Minutes Of September 28, 2016. Attachments: RESO-min-special 09-28-2016.doc September 28, 2016 minutes.pdf OFFICE OF THE CITY MANAGER 9. R-2017-166 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute The Attached Right-Of-Way License Agreement, Between Greg Salsburg D/B/A Penn Dutch Food Center (Licensee) And The City Of Hollywood, (Licensor), For Use Of The Public Right-Of-Way For Parking At 3950 North 28th Terrace, Based On A Four Year Term And First Year Annual Fee Of $6,067.44, Payable Quarterly In Advance, With An Annual Increase Of Three Percent (3%). Attachments: Renewal Resolution 2017.doc ROW agreement 2017.doc Term Sheet - Salsburg d.b.a Penn Dutch Food Center - ROW LICENSE AGREEMENT.doc BIS 17-179.doc 10. R-2017-167 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Supporting The Installation Of Solar Powered Yellow School Zone Indicator Lights To “End School Zone” Signs By The Broward County School District; Providing For Severability, Providing For Conflicts; And Providing For An Effective Date. Attachments: Resolution re end school zone signs lights 2017 REV.docx 11. R-2017-168 A Resolution Of The City Commission Of The City Of Hollywood, Florida, To Reaffirm Commitment To Climate Action And The Climate Goals Set Out In The City’s Sustainability Action Plan, To Support The Principles And Goals Of The Paris Agreement, And To Continue To Implement Actions To Meet Established Climate Mitigation Goals. Attachments: Resolution to reaffirm climate action commitment.docx City of Hollywood Page 3 Regular City Commission Meeting Meeting Agenda - Final June 21, 2017 12. R-2017-169 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute The Attached Right-of-Way License Agreement Between Robert L. And Barbara A. Marks And The City Of Hollywood For The Location Of A CBS Decorative Wall Within The Right-of-Way For South North Lake Drive, For A License Fee Of $200.00 And A Ten (10) Year Term. Attachments: 2017 Resolution.docx 2017 Agreement.docx Term Sheet - Right of Way License Agreement - Marks.doc BIS 17-195.doc ARCHITECTURE & URBAN DESIGN DIVISION 13. R-2017-170 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Approve A Change Order In The Amount Of $84,055.00 For Structural Integrity Contractors Inc. For Unforeseen Structural Repairs To The Van Buren Parking Garage And To Amend The Approved Fiscal Year 2017 Capital Improvement Program, As Set Forth In Exhibit A. Attachments: Resolution 2 - Structural Repairs.doc Exhibit A Van Buren.pdf Change Order #1.pdf Term Sheet - Structural Integrity Contractors, Inc. Change Order No. 1.doc BIS 17-204.doc DEPARTMENT OF PARKS, RECREATION & CULTURAL ARTS 14. R-2017-171 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute The Attached Amended And Restated Agreement For Beach Services On Hollywood Beach Between Margaritaville Hollywood Beach Resort, LLC And The City Of Hollywood. Attachments: RESOMARGARITAVILLEAMENDEDANDRESTATEDBEACHSERVICESJUNE72017 DOC.docx MargaritavilleAMENDEDANDRESTATEDBEACHSERVICESAGFINALLEGISTARJUNE142017AF TERMSHEETMARGARITAVILLEAMENDEDRESTATEDBEACHSERVICES.AG.doc POLICE DEPARTMENT 15. R-2017-172 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 Kina Group D/B/A All Uniform Wear And The City Of Hollywood For The Purchase Of Police Uniforms In An Estimated Annual Expenditure Of $99,022.00. Attachments: Res Police Department Uniforms 2017.doc Police Department Uniforms - BPO.pdf Police Department Uniforms - Backup.pdf TermSheetKINAGROUPPOLICEUNIFORMBID2017.DOC BIS 17194.doc City of Hollywood Page 4 Regular City Commission Meeting Meeting Agenda - Final June 21, 2017 16. R-2017-173 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Expenditure Of Federal (Justice) Law Enforcement Forfeiture Funds Pursuant To The Federal Comprehensive Crime Control Act Of 1984 For The Purchase Of Two (2) Ford T350 Transport Vans, Emergency Light Packages, And Interior Vehicle Equipment In An Amount Not To Exceed $112,000.00 To Be Utilized By The Police Department’s Swat Team; Approving And Authorizing The Issuance Of A Purchase Order Between The City And Garber Ford For The Purchase Of The Two 2017 Transit Cargo Vans In The Amount Of $65,994.00; Approving And Authorizing The Issuance Of A Purchase Order Between The City And Emergency Vehicle, Inc. For The Purchase Of Interior Vehicle Equipment In An Amount Not To Exceed $38,005.00; And Amending The Fiscal Year 2017 Operating Budget (R-2016-284) As Outlined In Exhibit 1. Attachments: Res SWAT van-Interior-Lighting-LETF Funds.doc SWAT Vans Exhibit 1.pdf SWAT Vans - Interior Lighting - Backup.pdf TermSheetGarberFordSwatVans2017piggyback.doc TermSheetEmergencyVehicleIncinterioreqswatpiggyback.doc BIS 17193.doc 17. R-2017-174 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending Resolution No. R-2017-066 To Increase The Expenditure Of State Law Enforcement Forfeiture Funds To Defray Expenses/Costs Associated With The Seizure And Processing Of Forfeiture Cases From $20,181.18 to $70,181.18; And Amending The Fiscal Year 2017 Operating Budget (R-2016-284) As Outlined In Exhibit 1. Attachments: Amended Resolution.doc LETF Court Costs Exhibit 1.pdf Executed Resolution.pdf BIS 17191.doc DEPARTMENT OF PUBLIC UTILITIES 18. R-2017-175 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue The Attached Purchase Order Between Schwing Bioset And The City Of Hollywood For The Purchase Of Reactor Feed Pump Number 2 Parts For An Estimated Annual Amount Of $73,428.27. Attachments: Reso - Schwing Bioset 2017.doc PO Number P226239 - Schwing Bioset.pdf NTSS-010-17 - Schwing Bioset.pdf Term Sheet - Schwing Bioset.doc BIS 17-188.doc City of Hollywood Page 5 Regular City Commission Meeting Meeting Agenda - Final June 21, 2017 1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS 19. P-2017-038 Presentation By Christopher Pratt, Fire Chief, On The Citizens Lifesaving Award To Jose Cabrera, Samuel Rivera and Ryan Seilkop. 20. P-2017-039 Presentation Of The "Charles F. Vollman Certificate Of Appreciation" Award By The Hollywood Council Of Civic Associations To Patricia Antrican. 1:30 PM TIME CERTAIN ITEM 21. P-2017-040 Presentation By Raelin Storey, Director Of Public Affairs & Marketing, On The Visual Branding Concept And Theme For All Public Relations, Marketing And Collateral Materials Produced By And For The City Of Hollywood, Florida. 2:00 PM TIME CERTAIN ITEM 22. R-2017-176 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering The Revocation Of The Live Music Extended Hours License Previously Issued To Amsterdam Bar And Restaurant, Pursuant To Section 113.26(D) Of The City Of Hollywood Code Of Ordinances. Attachments: Resolution.docx Notice to Appear.pdf Notice of Revocation.pdf Advertised Public Hearing 3:00 PM QUASI-JUDICIAL ITEM (Rules of Procedure Attached to Agenda) 23. PO-2017-12 An Ordinance Of The City Of Hollywood, Florida, Amending Ordinance No. O-76-25, The Hillcrest PUD Ordinance, As Amended By Resolution R-81-56, Ordinances O-81-80, O-84-54, O-87-39, O-93-75, O-99-09, O-2000-05, O-2002-34, O-2009-38, O-2013-11 And O-2016-10 By Amending Exhibit “A” Of O-2016-10 To Modify The Conditions To The Hillcrest PUD-R Modified Site Plan For Phase 2 Of The Previously Approved 645 Residential Units And Amenities, Including But Not Limited To The Golf Course. (15-JPZ-44a) Attachments: 1544a_JPZ_CC_Ordinance_2017_0621.doc 1544a_JPZ_CC_HOLD HARMLESS.doc Attachment I Attachment II Attachment_III_Hillcrest Phasing Plan.pdf First Reading Advertised Public Hearing City of Hollywood Page 6 Regular City Commission Meeting Meeting Agenda - Final June 21, 2017 4:15 PM TIME CERTAIN ITEM 24. P-2017-041 Presentation By Jorge Camejo, Executive Director Of The Hollywood, Florida, Community Redevelopment Agency, Regarding Findings Of The Young Circle Roadway Feasibility Study. 4:45 PM TIME CERTAIN ITEM 25. P-2017-027 Presentation Of The Purple Heart Flag By George Caffrey, Master Sgt., The Elks Club In West Hollywood. ORDINANCE(S) 26. PO-2017-11 An Ordinance Of The City Of Hollywood, Florida, Amending Chapter 119 Of The Code Of Ordinances Entitled “Vacation Rental License Program” To Revise The Definition Of A Vacation Rental, And To Require Compliance Inspections For Vacation Rentals; Providing For Severability; Providing For Conflicts; Providing For An Effective Date. Attachments: ORDINANCE - CHAPTER 119 - VACATION RENTALS - rev 5.doc First Reading 27. R-2017-177 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending R-2015-328 To Increase The Application Fee For Vacation Rental Licenses Within The City Of Hollywood To $500.00 And The Renewal Fee To $350.00, And Establishing An Inspection Fee. Attachments: Reso - VRL fees rev 4.docx BIS 17-199.doc REGULAR AGENDA 28. P-2017-042 Presentation By Michael D. Futterman, Partner In Charge, Marcum LLP, To The City Of Hollywood, Fiscal Year 2016 Comprehensive Annual Financial Report And Fiscal Year 2016 Audit Results. 29. R-2017-178 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute The Attached Contract Between Southeastern Engineering Contractors, Inc. And The City Of Hollywood, For 2017 Alley Resurfacing And Reconstruction Program Bid Number En-17-013 At Various Locations In The City Of Hollywood In The Amount Of $1,159,138.40. Attachments: 1 Resolution 2017 Alley Resurfacing and Reconstruction Program Final(2).doc 3 Contract.pdf 4 Bid Tabulation EN-17-013.pdf 5 List of Alleys.pdf 6 Map of Alleys.pdf 7 Southeastern Engineering Contractors, Inc Proposal.pdf Term Sheet - Southern Engineering Contractors, Inc. - Alley resurfacing.doc BIS 17-197.doc City of Hollywood Page 7 Regular City Commission Meeting Meeting Agenda - Final June 21, 2017 30. R-2017-179 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Expenditure Of Federal (Justice) Law Enforcement Forfeiture Funds Pursuant To The Federal Comprehensive Crime Control Act Of 1984 For The Purchase Of Six (6) Stalker Lidar RLR-C Radars And Five (5) Stalker SAM-R Speed Trailers In The Total Aggregate Amount Of $49,990.00; And Amending The Fiscal Year 2017 Operating Budget (R-2016-284) As Outlined In Exhibit 1. Attachments: Resolution.doc Stalker radars and trailers Exhibit 1.pdf BIS 17196.doc terstalkerradar.doc 31. R-2017-180 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute The Attached Right-Of-Way License Agreement Between Ralph Hawkins D/B/A Sea Legs Marina, Inc. (Licensee) And The City Of Hollywood (Licensor), For Use Of The Public Right-Of-Way For Parking And Boat Dock Slips At 5398 N. Ocean Drive, Based On A Ten Year Term And First Year Annual Fee Of $2,871.26, Payable Quarterly In Advance, And Subject To A Yearly Annual Escalation Of 3% And Includes A Onetime Additional Cost of $1,300.00 For A Survey, Payable Fully Or Quarterly Within A Year. Attachments: Sea_Legs_Resolution-Final.doc SeaLegs_ROW_agreement_2017-Final (2).doc Franklin Street-Survey.pdf Term Sheet - Ralph Hawkins - Sea Legs Marina ROW License Agreement.doc BIS 17-198.doc 32. R-2017-181 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending The Five Year Consolidated Plan For Fiscal Years 2014-2015 Through 2018-2019 And Adopting A One Year Action Plan And Projected Use Of Funds For Federal Program Year 2017-2018. Attachments: Reso for action plan and amendment Rev.docx Exhibit A IDIS Download.pdf BIS 17201.doc Advertised Public Hearing 33. 5:00 PM CITIZENS’ COMMENTS (Total Time 30 Minutes) City of Hollywood Page 8 Regular City Commission Meeting Meeting Agenda - Final June 21, 2017 COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY MANAGER 34. Commissioner Case, District 1 35. Commissioner Hernandez, District 2 36. Vice Mayor Callari, District 3 37. Commissioner Blattner, District 4 38. Commissioner Biederman, District 5 39. Commissioner Sherwood, District 6 40. Mayor Levy 41. City Attorney 42. City Manager 43. ADJOURNMENT City of Hollywood Page 9 Regular City Commission Meeting Meeting Agenda - Final June 21, 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. 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. City of Hollywood Page 10 Regular City Commission Meeting Meeting Agenda - Final June 21, 2017 Please silence all cell phones prior to entering the meeting. City of Hollywood Page 11 Regular City Commission Meeting Meeting Agenda - Final June 21, 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 12 Regular City Commission Meeting Meeting Agenda - Final June 21, 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 13 Regular City Commission Meeting Meeting Agenda - Final June 21, 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 14 Regular City Commission Meeting Meeting Agenda - Final June 21, 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 15 Regular City Commission Meeting Meeting Agenda - Final June 21, 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 16

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