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Regular City Commission Meeting

Regular Meeting

Hollywood, FL · September 5, 2018

AgendaMinutes

Minutes

City of Hollywood Hollywood City Hall 2600 Hollywood Blvd Hollywood, FL 33020 http://www.hollywoodfl.org Meeting Minutes Wednesday, September 5, 2018 1:00 PM Commission Chambers Room 219 Regular City Commission Meeting CITY COMMISSION Josh Levy, Mayor Debra Case, Vice Mayor - District 1 Peter Hernandez, Commissioner - District 2 Traci Callari, Commissioner - District 3 Richard Blattner, Commissioner - District 4 Kevin Biederman, Commissioner - District 5 Linda Sherwood, Commissioner - District 6 Dr. Wazir Ishmael, City Manager Douglas R. Gonzales, City Attorney Patricia A. Cerny, City Clerk Regular City Commission Meeting Meeting Minutes September 5, 2018 . The Regular City Commission Meeting of the City of Hollywood, Florida, was called to order by Mayor Levy on Wednesday, September 5, 2018 at 2:41 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: Vice Mayor Debra Case, Commissioner Peter Hernandez, Commissioner 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 Commissioner Callari, seconded by Commissioner Sherwood, to adopt the Consent Agenda. The motion passed unanimously. (7-0) 5. R-2018-272 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Implement A Settlement With Atlantic Resources Clarkson Emerald Green, LLC. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Commissioner Sherwood, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 6. R-2018-273 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Tender And Release Agreement With Great American Insurance Company For The Completion Of Structural Repairs To The Van Buren Parking Garage; Approving And Authorizing The Appropriate City Officials To Execute A Construction Contract With Prm Engineering And Contracting, Inc. To Complete The Project In The Amount Of $137,976.50. City of Hollywood Page 1 Regular City Commission Meeting Meeting Minutes September 5, 2018 ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Commissioner Sherwood, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 7. R-2018-274 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving and Authorizing The Appropriate City Officials To Execute A Memorandum Of Understanding For Driver’s License And/Or Motor Vehicle Record Data Exchange, And To Execute A Memorandum of Understanding For Governmental Access To The Driver And Vehicle Information DataBase System With The Florida Department Of Highway And Safety And Motor Vehicles. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Commissioner Sherwood, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 8. R-2018-275 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending The Fiscal Year 2018 Operating Budgets Of Various Funds As Adopted And Approved By Resolution R-2017-288. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Commissioner Sherwood, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 10. P-2018-048 Proclamation In Recognition Of National Voter Registration Day, September 25, 2018. Commissioner Callari read the proclamation in recognition of National Voter Registration Day, September 25, 2018. She also accepted the proclamation on behalf of the Florida League of Cities. 11. P-2018-049 Presentation By Renee Podolsky, Community Health Director, Florida Department Of Health Broward County, Of The Healthy Weight Community Champion 2018 Award To The City Of Hollywood. Renee Richards, Acting Assistant Director for Parks, Recreation and Cultural Arts, introduced Roland Martinez, Deputy Director of Organizational Development. Roland Martinez, Deputy Director of Organizational Development, presented the award to the City Commission. Discussion ensued among members of the Commission. 12. P-2018-050 Presentation By Rudy Jurado, Acting Fire Chief, On The Certificate of Achievement To Marine Safety Chief Bruce Wilkie, Marine Safety City of Hollywood Page 2 Regular City Commission Meeting Meeting Minutes September 5, 2018 Lieutenant Bogdan Corsovic, Marine Safety Officer John Guscott, Marine Safety Officer Andres McAdams, Marine Safety Officer Robyn Skove, Lifeguard Kellyn Baconcini, Lifeguard Luiz Freire, Lifeguard Alcides DeQuesada, Lifeguard Evan O’Sheehan and Lifeguard Andy Perez Borroto. Rudy Jurado, Acting Fire Chief, read the commendation which resulted in Marine Safety Chief Bruce Wilkie, Marine Safety Lieutenant Bogdan Corsovic, Marine Safety Officer John Guscott, Marine Safety Officer Andres McAdams, Marine Safety Officer Robyn Skove, Lifeguard Kellyn Baconcini, Lifeguard Luiz Freire, Lifeguard Alcides DeQuesada, Lifeguard Evan O'Sheehan and Lifeguard Andy Perez Borroto being recognized for their achievement. They accepted the certificates and thanked their superiors and the Commission for the recognition. 9. R-2018-276 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Apply For, And If Awarded, Accept The 2019/20 Broward Boating Improvement Program Grant For Phase I Of The Mooring Field Project For North And South Lakes In The Approximate Amount Of $150,000.00; Authorizing The Appropriate City Officials To Execute All Applicable Grant Documents And Agreement(s). Discussion ensued among members of the Commission. Terry Cantrell, 745 Harrison Street, expressed personal opinions/concerns. 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) 13. PO-2018-17 An Ordinance Of The City Of Hollywood, Florida, Amending The Revised Artspark Village Master Development Plan As It Relates To Arstpark Village-B (Originally Approved By Ordinance No. O-2008-18, As Amended And Restated By Ordinance No. O-2011-12), Now Known As “Parc Place”, Pursuant To The City’s Zoning And Land Development Regulations. (17-DJPV-04) Mayor Levy explained waiving the quasi-judicial procedures and questioned if there were any objections to waiving them. There were no objections, and the quasi-judicial procedures were waived. Alexandra Carcamo, Principal Planner, provided a presentation on the proposed project and explained the intent of the ordinance. City of Hollywood Page 3 Regular City Commission Meeting Meeting Minutes September 5, 2018 Keith Poliakoff, Attorney for the Applicant, provided additional information on the proposed project. Discussion ensued among staff and members of the Commission. Luis Lopez, City Engineer, provided additional information. The Mayor announced the ordinance was advertised in conformance with Florida Statutes and City Codes. The public hearing was opened and Terry Cantrell, 745 Harrison Street, expressed personal opinions/concerns. Being there was no one further who wished to speak, the public hearing was declared closed. The City Clerk read the ordinance title on first reading. ACTION: Motion was made by Commissioner Callari, which was seconded by Commissioner Biederman, to adopt on first reading the Ordinance. The motion on roll call vote carried: Aye: Vice Mayor Case Commissioner Hernandez Commissioner Callari Commissioner Blattner Commissioner Biederman Commissioner Sherwood Mayor Levy Enactment No: O-2018-14 14. PO-2018-18 An Ordinance Of The City Of Hollywood, Florida, Amending Section 157.78 Of The Code Of Ordinances, Entitled “Minimum Maintenance Standards”, To Repeal The Regulations Relating To Provisional Parking Lots Within The Downtown And Beach Districts Of The Community Redevelopment Agency. (18-T-55) Leslie Del Monte, Planning Manager, explained the intent of the ordinance. 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. Robin Robins, 1930 Harrison Street 2. Rob Snyder, 6544 Fletcher Street 3. Pam Butler, MG3 Developer Being there was no one further who wished to speak, the public hearing was declared closed. City of Hollywood Page 4 Regular City Commission Meeting Meeting Minutes September 5, 2018 Discussion ensued among staff and members of the Commission. Douglas Gonzales, City Attorney, responded to questions raised by the Commission. Dr. Wazir Ishmael, City Manager, and Shiv Newaldass, Interim Director of Development Services, provided additional information. Discussion ensued among staff and members of the Commission. Commissioner Callari left the meeting at 3:57 PM and returned at 4:00 PM. Shiv Newaldass, Interim Director of Development Services, provided additional information. Discussion ensued among staff and members of the Commission. Jorge Camejo, CRA Executive Director, responded to questions raised by the Commission. The City Clerk read the ordinance title on first reading. ACTION: Motion was made by Commissioner Biederman, which was seconded by Commissioner Callari, to adopt on first reading the Ordinance. The motion on roll call vote carried: Aye: Vice Mayor Case Commissioner Hernandez Commissioner Callari Commissioner Blattner Commissioner Biederman Commissioner Sherwood Mayor Levy Enactment No: O-2018-18 15. P-2018-051 Presentation By Greg Stuart And Paul Calvaresi, Broward Metropolitan Planning Organization, On The Status Of The Quiet Zone Designation In Broward County. Dr. Wazir Ishmael, City Manager, withdrew the presentation due to scheduling conflicts. 16. R-2018-205 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering The Appeal Of A Planning And Development Board Decision Affirming The Administrative Decision Of Staff Denying The Re-Establishment Of A Non-Conforming Use (Assisted Living Facility - City of Hollywood Page 5 Regular City Commission Meeting Meeting Minutes September 5, 2018 Coolidge Holdings LLC.) Located At 2057 Coolidge Street, In Accordance With The City’s Zoning And Land Development Regulations. (17-AP-57a). The City Attorney explained 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 Commission declared their ex-parte communications. The City Clerk swore in those persons who would speak or provide testimony. Richard Doody, Planning Staff Counsel, provided an opening statement and presentation of case through witnesses, introduction of documents . He called Alexandra Carcamo, Principal Planner, as an expert witness and entered into the record as Staff Exhibit 1, the staff back-up. Richard Doody, Planning Staff Counsel, stated the letter he submitted to the City Clerk's Office referencing two cases (Peters vs Thompson 1953 case and Hardley Case in Colorado), they are entering as Staff Exhibit 2. Alexandra Carcamo, Principal Planner, provided testimony on the administrative decision of staff denying the re-establishment of a non-conforming use. Richard Doody, Planning Staff Counsel, asked questions of Alexandra Carcamo, Principal Planner. Michael Weiner, Attorney for the Applicant, cross-examined Alexandra Carcamo, Principal Planner. The City Commission asked questions of Alexandra Carcamo, Principal Planner. George McArdle, Attorney for the Applicant, introduced himself and his co-counsel Michael Weiner. Mr. McArdle asked to enter into the record as Applicant Exhibit 1 a binder of various documents. Richard Doody, Attorney for Staff, objected to some of the documents in the binder and went through the list of documents he accepts and he rejects. George McArdle, Attorney for the Applicant, rebuttled the objection. Douglas Gonzales, City Attorney, sustained the objections on the documents objected to, as they were not timely filed with the City Clerk in City of Hollywood Page 6 Regular City Commission Meeting Meeting Minutes September 5, 2018 accordance with the rules. Items ten and eleven were removed from the binders, and the binders were handed out to the City Commission. George McArdle, Attorney for the Applicant, provided an opening statement and presentation of their case through witnesses and introduction of documents. Commissioner Callari left the meeting at 5:07 PM and returned at 5:10 PM. Daniel Cohen, Property Owner, PrivCap, 7200 W. Camino Real, Boca Raton, provided testimony. Richard Doody, Attorney for Staff, cross-examined Daniel Cohen. The Commission asked questions of Daniel Cohen, Property Owner. Michael Weiner, Attorney for the Applicant, continued the presentation of their case. Jon DeMarco, 4151 Hollywood Boulevard, expressed personal opinions/concerns. Commissioner Blattner left the meeting at 6:04 PM and returned at 6:06 PM. The Commission asked questions of Jon DeMarco. Michael Weiner, Attorney for the Applicant, provided final closing argument. Richard Doody, Attorney for Staff, provided final closing argument. The Commission asked further questions of staff, the applicant, the witnesses and the attorneys. Vice Mayor Case left the meeting at 6:39 PM and returned at 6:40 PM. Douglas Gonzales, City Attorney, provided instructions to the Commission on their deliberations. Commission deliberations ensued. Douglas Gonzales, City Attorney, stated he spoke to the attorney for the applicant and they are willing to limit the use as an ALF only, if the City of Hollywood Page 7 Regular City Commission Meeting Meeting Minutes September 5, 2018 Commission grants the non-conforming use. Commission discussion ensued. ACTION: Motion was made by Commissioner Hernandez, which was seconded by Vice Mayor Case, to adopt the Resolution affirming the denial of the non-conforming use. On a voice vote the motion passed 5-2. Commissioner Blattner and Mayor Levy were opposed. 17. R-2018-277 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Highway Maintenance Memorandum Of Agreement With The Florida Department Of Transportation (“FDOT”) For The Construction Of Sidewalk And Bicycle Lane Improvements By FDOT For Certain Projects Identified In The Five-Year Adopted Work Program Which Fall Within The City’s Jurisdictional Right Of Way, More Specifically 56th Avenue, 62nd Avenue And 64th Avenue Bike Lane Project (Financial Management Project Nos. 4346971-1-52-01). Luis Lopez, City Engineer, explained the intent of the resolution. Discussion ensued among staff and members of the Commission. Commissioner Blattner left the meeting at 7:10 PM and returned at 7:12 PM. Discussion ensued among staff and members of the Commission. Commissioner Biederman left the meeting at 7:13 PM and returned at 7:15 PM. Commissioner Sherwood left the meeting at 7:15 PM. ACTION: Motion was made by Commissioner Blattner, which was seconded by Commissioner Callari, to adopt the Resolution. On a voice vote the motion passed 6-0. Commissioner Sherwood was absent. 18. P-2018-046 Presentation By Raelin Storey, Director, Communications, Marketing And Economic Development, Providing An Update On The Pilot Commercial Property Improvement Program (CPIP). Due to the interest of time, Dr. Wazir Ishmael, City Manager, postponed the presentation until the next Commission meeting. City of Hollywood Page 8 Regular City Commission Meeting Meeting Minutes September 5, 2018 19. P-2018-047 Presentation By Raheem Seecharan, Director, Information Technology, Regarding Update On Enterprise Resource Planning (ERP). Due to the interest of time, Dr. Wazir Ishmael, City Manager, postponed the presentation until the next Commission meeting. 20. Commissioner Blattner, District 4 Mayor Levy turned over the gavel to Vice Mayor Case and left the meeting at 7:19 PM. Redevelopment Commissioner Blattner stated this is the fourth year of this administration and the City is still wrestling with a skinny budget. Commissioner Blatter stated he wants to explore Commissioner Callari's idea of selling City Hall circle and redeveloping the circle. Commissioner Sherwood returned to the meeting at 7:20 PM. Mayor Levy returned to the meeting at 7:20 PM. Commissioner Hernandez left the meeting at 7:20 PM. Commissioner Blattner also spoke about economic development and that the City should do something iconic such as a new municipal complex, Police complex, as other cities are doing this, if done correctly. 21. Commissioner Biederman, District 5 Updates Commissioner Biederman requests status updates on Fire Station 45, Montella Park restrooms, and the placement of No Parking signs at the beach since provisional parking is being eliminated, so people cannot be taken advantage of by parking in illegal lots. 22. Commissioner Sherwood, District 6 Height Elevations Commissioner Sherwood stated everyone needs to start thinking about elevating the height of buildings on the beach because of FEMA and flooding issues. 23. Vice Mayor Case, District 1 City of Hollywood Page 9 Regular City Commission Meeting Meeting Minutes September 5, 2018 Hurricane Preparedness Vice Mayor Case stated September is National Preparedness Month, and we are in hurricane season, with the peak being September 10th. Vice Mayor Case stated everyone should review their hurricane plans and be prepared. Commissioner Hernandez returned to the meeting at 7:24 PM. Commissioner Sherwood left the meeting at 7:24 PM. Dune Master Plan Task Force Vice Mayor Case stated the Dune Master Plan Task Force released information in which they are looking at having a consultant look at the cost for repairs to the three dunes. She questioned where the funding is coming from, and asked for support for funding a pilot project. Dr. Wazir Ishmael, City Manager, stated the Commission should wait for staff to come forward with the costs and we could discuss shared costs with CRA staff. Mayor Levy, Commissioner Callari, Commissioner Blattner, Commissioner Biederman and Commissioner Hernandez supported the request. Commissioner Sherwood returned to the meeting at 7:28 PM. 24. Commissioner Hernandez, District 2 Police Department Commissioner Hernandez thanked the Police Department on the great job they are doing. Prostitution Commissioner Hernandez explained yesterday was the second meeting of the Downtown, Parkside, Royal Poinciana Civic Association during which issues in their neighborhood were discussed. One issue is the prostitution on 20th Avenue and Fletcher Street, on which the Police Department is working. Circulator Commissioner Hernandez requested an update on what is happening with the downtown circulator Lights & Trees Commissioner Hernandez requested the Police Department revisit the survey for the lights, as the Department of Public Works is getting a new tree crew. Commissioner Hernandez suggested since the department is City of Hollywood Page 10 Regular City Commission Meeting Meeting Minutes September 5, 2018 getting a new tree crew, maybe the CRA would be willing to share the costs. Bus Lot Commissioner Hernandez stated at Pembroke Road and S 24th Avenue the buses are again parking on a gravel lot, and requested Code Officers look into the issue. Downtown Commissioner Hernandez stated he wants to know what is happening in the downtown, and thanked the Commission for keeping an open mind as the CRA is looking into painting the corners in the Parkside and Royal Poinciana areas. 25. Commissioner Callari, District 3 Police & Fire Departments Commissioner Callari thanked the Police Department for keeping the neighborhoods safe, and also thanked the Fire Department for doing a good job. City Hall Circle Commissioner Callari thanked Commissioner Blattner for supporting her idea of the redevelopment of City Hall. She suggested each Commissioner provide a redevelopment idea for their district. Commissioner Hernandez suggested increasing the City Hall building height to 25 stories instead of selling. Tri-Rail Station Commissioner Callari suggested the moving of Tri Rail Station to Sheridan Street. Working Together Commissioner Callari stated the holiday season is coming up, and everyone needs to work together to restore employee benefits. She added she is looking forward to the budget meeting next week. City Hall Parking Commissioner Hernandez suggested for City Hall parking for staff to research parking decals for employees, which would allow the other areas for visitors. Commissioner Biederman suggested employee only parking on the south side of City Hall. Mayor Levy and Commissioner Callari supported the request. City of Hollywood Page 11 Regular City Commission Meeting Meeting Minutes September 5, 2018 26. Mayor Levy Visions Mayor Levy stated there is so much going on in the Federal government level with opposite visions, which makes everyone at odds with one another. But local governments are really issue focused, and not working in an adversarial way, so stay open minded. Street Lighting Update Mayor Levy thanked the Department of Public Works staff for the update on the street lighting project. Brightline Mayor Levy explained he met with Brightline staff recently, he learned that Broward County is looking for the airport plan to include a rail stop . Brightline is pursuing building out their second track for Tampa or Orlando, but locally, stopping in downtown. He explained how the trains function on the same line, which would need construction of a third line . Mayor Levy explained Tri Rail was approved to split rails heading south, one turning right into the airport and another left to downtown Miami. American Legion Mayor Levy explained the American Legion needs help with their hole in the roof, and wants to support them, but they must be added to the Commission non-profit list. . R-2018-278 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Adding American Legion Hollywood Post 92, Inc. To The List Of Charities And Fundraising Events Formally Approved By Resolution No. R-2017-293 For The Solicitation Of Funds Pursuant To The County’s Code Of Ethics For Elected Officials. ACTION: Motion was made by Mayor Levy, which was seconded by Commissioner Callari, to adopt the Resolution. On a voice vote the motion passed unanimously. (7-0) . Mayor Levy Rosh Hashanah Mayor Levy wished everyone a happy Rosh Hashanah. 27. City Attorney Douglas Gonzales, City Attorney, had no further comments. City of Hollywood Page 12 Regular City Commission Meeting Meeting Minutes September 5, 2018 28. City Manager September 11th Remembrance Dr. Wazir Ishmael, City Manager, stated September 11th happened 17 years ago, in remembrance the Fire Department will have a memorial ceremony on members who have passed away, on September 11th at Fire Station #31 at 9:00 AM. 29. The meeting adjourned at 7:44 PM. ______________________________ Patricia A. Cerny, MMC City Clerk Hollywood, Florida Approved on: ______________________ City of Hollywood Page 13

Agenda

Regular City Commission Meeting Wednesday, September 5, 2018 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 Debra Case, Vice Mayor - District 1 Peter Hernandez, Commissioner - District 2 Traci Callari, Commissioner - District 3 Richard Blattner, Commissioner - District 4 Kevin Biederman, Commissioner - District 5 Linda Sherwood, Commissioner - District 6 Dr. Wazir Ishmael, City Manager Douglas R. Gonzales, City Attorney Patricia A. Cerny, City Clerk Regular City Commission Meeting Meeting Agenda - Final September 5, 2018 NOTES The Consent Agenda is comprised of items prepared by various offices and departments in the City. These items are routine and/or non-controversial in nature, and may be voted upon by the Commission in one motion as listed below. The regular agenda consists of items that must be discussed or that could be considered controversial, and are voted upon by the Commission individually. Agenda items not scheduled for a specific time may be considered at any time during the meeting, at the Commission’s discretion. However, time certain items will not be considered by the Commission earlier than the time listed for those items, although those items may be taken up at a later time. The following items on this agenda are time certain items. 1:00 PM - Items - 10 thru 12 1:15 PM - Item - 13 1:30 PM - Item - 14 1:45 PM - Item - 15 2:00 PM - Item - 16 1. Moment of Silence 2. Pledge of Allegiance 3. Recognition of Veterans, Active Service Personnel & Their Families 4. Roll Call CONSENT AGENDA (Items #5 thru 9) 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 ATTORNEY 5. R-2018-272 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Implement A Settlement With Atlantic Resources Clarkson Emerald Green, LLC. Attachments: Reso-Emerald Greeen settlement water acct.doc BIS 18-257.docx City of Hollywood Page 2 Regular City Commission Meeting Meeting Agenda - Final September 5, 2018 ARCHITECTURE & URBAN DESIGN DIVISION 6. R-2018-273 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Tender And Release Agreement With Great American Insurance Company For The Completion Of Structural Repairs To The Van Buren Parking Garage; Approving And Authorizing The Appropriate City Officials To Execute A Construction Contract With Prm Engineering And Contracting, Inc. To Complete The Project In The Amount Of $137,976.50. Attachments: Resolution PRM VANBURENGARAGE - Surety.doc Hollywood Tender Agreement (GAIC Signature).pdf Construction Contract with PRM Engineering.doc PRM Proposal.pdf TERMSHEETPRMVANBURENGARAGE2018..doc TERMSHEETGREATAMERICANSURTENDERRELEASEAGVANBUREN2018.DOC BIS 18-262.doc PARKING DIVISION 7. R-2018-274 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving and Authorizing The Appropriate City Officials To Execute A Memorandum Of Understanding For Driver’s License And/Or Motor Vehicle Record Data Exchange, And To Execute A Memorandum of Understanding For Governmental Access To The Driver And Vehicle Information DataBase System With The Florida Department Of Highway And Safety And Motor Vehicles. Attachments: Draft DMV R-2018.doc Certification.pdf MOU DAVID.pdf DAVID Att 1.pdf MOU Data Exchange.pdf Data Exchange Att 1.pdf Data Exchange Att 2.pdf Data Exchange Data Access Application.pdf Data Exchange Data Access Technical Spec Questionnaire.pdf TermSheetMOUDMVRecordExchange2018.doc TermSheetMOUDMVDAVIDPARKING2018.doc City of Hollywood Page 3 Regular City Commission Meeting Meeting Agenda - Final September 5, 2018 DEPARTMENT OF FINANCIAL SERVICES 8. R-2018-275 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending The Fiscal Year 2018 Operating Budgets Of Various Funds As Adopted And Approved By Resolution R-2017-288. Attachments: Reso - Budget Amendment.doc Exhibit 1 Revised.pdf Exhibit 2.pdf Exhibit 3.pdf Exhibit 4.pdf Exhibit 5.pdf Exhibit 6.pdf Exhibit 7 Exhibit 8 Revised.pdf Exhibit 9.pdf BIS 18-258.doc DEPARTMENT OF PARKS, RECREATION & CULTURAL ARTS 9. R-2018-276 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Apply For, And If Awarded, Accept The 2019/20 Broward Boating Improvement Program Grant For Phase I Of The Mooring Field Project For North And South Lakes In The Approximate Amount Of $150,000.00; Authorizing The Appropriate City Officials To Execute All Applicable Grant Documents And Agreement(s). Attachments: Reso BBIP Grant 2108.docx BIS 18-256R.doc 1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS 10. P-2018-048 Proclamation In Recognition Of National Voter Registration Day, September 25, 2018. Attachments: Natl Voter Registration Day 11. P-2018-049 Presentation By Renee Podolsky, Community Health Director, Florida Department Of Health Broward County, Of The Healthy Weight Community Champion 2018 Award To The City Of Hollywood. 12. P-2018-050 Presentation By Rudy Jurado, Acting Fire Chief, On The Certificate of Achievement To Marine Safety Chief Bruce Wilkie, Marine Safety Lieutenant Bogdan Corsovic, Marine Safety Officer John Guscott, Marine Safety Officer Andres McAdams, Marine Safety Officer Robyn Skove, Lifeguard Kellyn Baconcini, Lifeguard Luiz Freire, Lifeguard Alcides DeQuesada, Lifeguard Evan O’Sheehan and Lifeguard Andy Perez Borroto. City of Hollywood Page 4 Regular City Commission Meeting Meeting Agenda - Final September 5, 2018 1:15 PM TIME CERTAIN ITEM 13. PO-2018-17 An Ordinance Of The City Of Hollywood, Florida, Amending The Revised Artspark Village Master Development Plan As It Relates To Arstpark Village-B (Originally Approved By Ordinance No. O-2008-18, As Amended And Restated By Ordinance No. O-2011-12), Now Known As “Parc Place”, Pursuant To The City’s Zoning And Land Development Regulations. (17-DJPV-04) Attachments: 1704_CC_Ordinance_2018_0905 Exihibit A Attachment I_Part I Attachment I_Part II Attachment I_Part III Attachment II Attachment III Attachment IV Planning Division First Reading Advertised Public Hearing 1:30 PM TIME CERTAIN ITEM 14. PO-2018-18 An Ordinance Of The City Of Hollywood, Florida, Amending Section 157.78 Of The Code Of Ordinances, Entitled “Minimum Maintenance Standards”, To Repeal The Regulations Relating To Provisional Parking Lots Within The Downtown And Beach Districts Of The Community Redevelopment Agency. (18-T-55) Attachments: 1855_CC_Ordinance_ProvisionalParkingRepeal_2018_0905 Planning Division First Reading Advertised Public Hearing 1:45 PM TIME CERTAIN ITEM 15. P-2018-051 Presentation By Greg Stuart And Paul Calvaresi, Broward Metropolitan Planning Organization, On The Status Of The Quiet Zone Designation In Broward County. City of Hollywood Page 5 Regular City Commission Meeting Meeting Agenda - Final September 5, 2018 2:00 PM QUASI-JUDICIAL ITEM (Rules of Procedure Attached to Agenda) 16. R-2018-205 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering The Appeal Of A Planning And Development Board Decision Affirming The Administrative Decision Of Staff Denying The Re-Establishment Of A Non-Conforming Use (Assisted Living Facility - Coolidge Holdings LLC.) Located At 2057 Coolidge Street, In Accordance With The City’s Zoning And Land Development Regulations. (17-AP-57a). Attachments: 1757a_Resolution_2018_0516.docx 1757a_Attachment I.pdf 1757a_Attachment II.pdf 1757a_Attachment III.pdf Continued From The July 3, 2018 Meeting Planning Division REGULAR AGENDA 17. R-2018-277 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Highway Maintenance Memorandum Of Agreement With The Florida Department Of Transportation (“FDOT”) For The Construction Of Sidewalk And Bicycle Lane Improvements By FDOT For Certain Projects Identified In The Five-Year Adopted Work Program Which Fall Within The City’s Jurisdictional Right Of Way, More Specifically 56th Avenue, 62nd Avenue And 64th Avenue Bike Lane Project (Financial Management Project Nos. 4346971-1-52-01). Attachments: Resolution.doc EN18-157 FDOT MOA_Hollywood8-1-18.pdf TermSheetFDOTHIGHWAYMAINTAGSIDEWALKBICYLANE2018.doc BIS 18-251.doc Engineering Division 18. P-2018-046 Presentation By Raelin Storey, Director, Communications, Marketing And Economic Development, Providing An Update On The Pilot Commercial Property Improvement Program (CPIP). Continued From The August 29, 2018 Meeting 19. P-2018-047 Presentation By Raheem Seecharan, Director, Information Technology, Regarding Update On Enterprise Resource Planning (ERP). Continued From The August 29, 2018 Meeting City of Hollywood Page 6 Regular City Commission Meeting Meeting Agenda - Final September 5, 2018 COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY MANAGER 20. Commissioner Blattner, District 4 21. Commissioner Biederman, District 5 22. Commissioner Sherwood, District 6 23. Vice Mayor Case, District 1 24. Commissioner Hernandez, District 2 25. Commissioner Callari, District 3 26. Mayor Levy 27. City Attorney 28. City Manager 29. ADJOURNMENT 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). City of Hollywood Page 7 Regular City Commission Meeting Meeting Agenda - Final September 5, 2018 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 8 Regular City Commission Meeting Meeting Agenda - Final September 5, 2018 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 City of Hollywood Page 9 Regular City Commission Meeting Meeting Agenda - Final September 5, 2018 quasi-judicial hearing. A. Staff shall prepare a report, recommendation and supporting materials, a copy of which shall be available to the applicant, appellant and to the public at the City Clerk ’s Office. Included in the supporting materials will be copies of all exhibits and documents upon which staff ’s recommendation is based. B. The Applicant and the Appellant, if applicable, shall submit a detailed outline of the argument in support of their application, copies of all exhibits which will be presented at hearing and the names and addresses of all witnesses who will be called to testify in support of the application (including resumes for any witness the party intends to qualify as an expert). C. The eight City business day deadline is necessary to ensure the Commission or Board members are given sufficient opportunity to review the written submissions prior to the hearing, and shall be strictly observed. Should the eight 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 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 10 Regular City Commission Meeting Meeting Agenda - Final September 5, 2018 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 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 City of Hollywood Page 11 Regular City Commission Meeting Meeting Agenda - Final September 5, 2018 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, 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. City of Hollywood Page 12 Regular City Commission Meeting Meeting Agenda - Final September 5, 2018 XII. Transcription of hearing. A. The City Clerk or staff liaison shall preserve the official transcript of the hearing through tape recording and/or video recording. B. The Applicant, Appellant or Party Intervenor may arrange, at its own expense, for a court reporter to transcribe the hearing. C. The Applicant, Appellant or Party Intervenor may request that all or a part of the transcript of a hearing be transcribed into verbatim, written form. In such case, the Applicant, Appellant or Party Intervenor requesting the transcript shall be responsible for the cost of production of the transcription and the transcription shall become the official transcript. XIII. Maintenance of Evidence and Other Documents. The Office of the City Clerk or staff liaison shall retain all of the evidence and documents presented at the hearing unless any such evidence is too large to be stored by the City Clerk or staff liaison. In that event, such evidence will be stored in the Community Planning and Development Department. XIV. False Testimony. Any willful false swearing on the part of any witness or person giving evidence before the Commission or Board as to any material fact in the proceedings shall be deemed to be perjury and shall be punished in the manner prescribed by law for such offense. XV. Failure of Applicant to Appear. If the Applicant, the Appellant or Party Intervenor or their representative fails to appear at the time fixed for the hearing, and such absence is not excused by the Commission or Board, the Commission or Board may proceed to hear the evidence and render a decision thereon in absentia. XVI. Subpoena Power. The Applicant, the Appellant or Party Intervenor or City’s staff shall be entitled to compel the attendance of witnesses through the use of subpoenas. All such subpoenas shall be issued by the City Clerk at the request of the Applicant, Appellant or City ’s staff. R-2016-334, 11/2/2016 City of Hollywood Page 13

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