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Regular City Commission Meeting

Regular Meeting

Hollywood, FL · October 3, 2018

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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, October 3, 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 - Final October 3, 2018 . The Regular City Commission Meeting of the City of Hollywood, Florida, was called to order by Mayor Levy on Wednesday, October 3, 2018 at 1:40 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 Vice Mayor Case, to adopt the Consent Agenda. The motion passed unanimously. (7-0) 5. R-2018-304 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Regular City Commission Meeting Minutes Of May 2, 2018. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Vice Mayor Case, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 6. R-2018-305 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Regular City Commission Meeting Minutes Of May 16, 2018. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Vice Mayor Case, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 7. R-2018-306 A Resolution Of The City Commission Of The City Of Hollywood, Florida, City of Hollywood Page 1 Regular City Commission Meeting Meeting Minutes - Final October 3, 2018 Approving The Special City Commission Meeting Minutes Of May 22, 2018. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Vice Mayor Case, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 8. R-2018-307 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Revising The Comprehensive Pay Plan For Non-Represented Employees. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Vice Mayor Case, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 10. R-2018-309 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Vacating A Portion Of A 3-Foot Electric Lights And Water Line Easement Located Within “W. B. Symmes Subdivision” Plat, In Connection With The Construction Of A New Residential Development, Subject To Conditions. (VA-18-02). ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Vice Mayor Case, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 11. R-2018-310 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, With Notbychance, Inc. For Use Of The Public Right-Of-Way For Parking At 1321 South 30th Avenue, Based On A Four Year Term And First Year Annual Fee Of $6,876.43, Payable Quarterly In Advance, Including An Annual Escalation In The Amount Of The License Plus An Increase Of Three Percent. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Vice Mayor Case, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 12. R-2018-311 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending The Budgets Of Various Funds Of The Fiscal Year 2019 Operating Budget Adopted And Approved By Resolution R-2018-301; Revising Operating Revenues, Authorizing Budgetary Transfers And Adjustments, Reauthorizing And Re-Appropriating Certain Funding; And Providing An Effective Date. City of Hollywood Page 2 Regular City Commission Meeting Meeting Minutes - Final October 3, 2018 ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Vice Mayor Case, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 13. R-2018-312 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending Resolution No. R-2018-146 And Authorizing The Appropriate City Officials To Accept The Areawide Council On Aging Of Broward County, Inc. Grant, In The Amount Of $228,000.00; Approving And Authorizing The Appropriate City Officials To Execute The Local Service Programs Contract, The Master Contract And Memorandum Of Understanding With The Areawide Council On Aging Of Broward County, Inc. To Provide Enhanced Senior Citizen Recreation Programs; And Further Authorizing The Appropriate City Officials To Execute All Applicable Grant Documents And Agreements. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Vice Mayor Case, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 14. R-2018-313 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving Additional Extension Of The Existing Sublease Agreement Between JCD Golf Of Florida, Inc. And Nikki’s On The Green, Inc., For The Operation Of Food And Beverage Services At Orangebrook Golf And Country Club To Coincide With The Existing Management Agreement Between The City And JCD Golf Of Florida, Inc. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Vice Mayor Case, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 15. R-2018-314 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue A Purchase Order To CXT, Inc. To Furnish And Install A Precast Restroom Building In The Amount Of $145,112.87. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Vice Mayor Case, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 16. R-2018-315 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute A Contract With TV Diversified, LLC For Construction Services Related To Lift Station W-27 Bypass And Valve Replacement, Located At 3145 Arthur Street, In The Amount Of $568,852.02. (Project No. 18-8064) City of Hollywood Page 3 Regular City Commission Meeting Meeting Minutes - Final October 3, 2018 ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Vice Mayor Case, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 17. R-2018-316 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute A Contract With Southeastern Engineering Contractors, Inc. For Construction Services Related To Lift Station E-4 Repair, Located In The S. 10th Avenue Right-Of-Way, North Of S. Southlake Drive, In The Amount Of $204,247.00. (Project No. 18-8065) ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Vice Mayor Case, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 18. R-2018-317 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Terminate The Proposed Contract With BLDM USA, LLC And To Execute A Contract With The Second Lowest Bidder, Intercounty Engineering, Inc., For Construction Services Related To Lift Station A-5 Upgrade Located At 333 Briarwood Circle, As Identified In The 2007/2008 Wastewater System Master Plan, In The Amount Of $997,356.00. (Project No. 16-8062) ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Vice Mayor Case, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 19. R-2018-318 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue The Attached Amendment No. 1 To The Authorization To Proceed For Work Order No. TTH 16-01 With Tetra Tech, Inc. To Provide Additional Professional Engineering Services For The Investigation, Design Modification, Permit And Construction Services Related To Relocation Of The Horizontal Directional Drill Boring In The Amount Of $16,150.00. (Project No. 15-5130). ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Vice Mayor Case, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 20. R-2018-319 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue The Attached Blanket Purchase Order With Sunstate Meter And Supply, Inc. For Cold Water Meters For An Estimated Annual Expenditure Of $408,344.85. City of Hollywood Page 4 Regular City Commission Meeting Meeting Minutes - Final October 3, 2018 ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Vice Mayor Case, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 21. P-2018-056 Proclamation In Recognition Of Domestic Violence Awareness Month, October 2018. Vice Mayor Case read the proclamation in recognition of Domestic Violence Awareness Month, October 2018. Jessica Osman, Women in Distress, accepted the proclamation and thanked the Commission for the recognition. 22. P-2018-057 Proclamation Of October 2018 As National Breast Cancer Awareness Month In The City Of Hollywood. Commissioner Sherwood read the proclamation in recognition of National Breast Cancer Awareness Month, October 2018. Jennifer Solinger, Human Resources, explained the activities planned for the month in recognition of National Breast Cancer Awareness Month. Tali Amihud, American Cancer Society, accepted the proclamation and thanked the Commission for the recognition. 24. P-2018-059 Presentation By Christopher Pratt, Fire Chief, On The Certificate Of Personal Recognition To Darien Munoz. Dr. Wazir Ishmael, City Manager, withdrew the presentation due to a scheduling conflict. 23. P-2018-058 Presentation By Joshua Kittinger, Human Resources Officer, Of Employees Hired July 1, 2018 Through September 30, 2018. Joshua Kittinger, Human Resources Officer, introduced new employees hired July 1, 2018 through September 30, 2018. 31. P-2018-061 Presentation By The Hollywood Police Department Regarding The Hollywood Homeless Task Force. Dwayne Chung, Police Officer, provided a presentation on the Homeless Task Force operations, success and future plans. Shelley Speiback, Friends of Broward Homeless, provided additional information. Chris O'Brien, Police Chief, acknowledged the hard work and dedication City of Hollywood Page 5 Regular City Commission Meeting Meeting Minutes - Final October 3, 2018 of Officer Chung on this effort. 25. PO-2018-19 An Ordinance Of The City Of Hollywood, Florida, Vacating A Portion Of The Platted Alley Lying Within Block 58 Of The Plat Of “HOLLYWOOD”, Plat Book 1, Page 21; Providing A Severability Clause, A Repealer Provision, And An Effective Date. (VA-18-03) Luis Lopez, City Engineer, 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 Wilson Atkinson, 110 SE 6th 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 second and final reading. ACTION: Motion was made by Commissioner Blattner, which was seconded by Commissioner Sherwood, to adopt on second and final reading the Ordinance. The motion on roll call vote carried: Aye: Vice Mayor Case Commissioner Hernandez Commissioner Callari Commissioner Blattner Commissioner Biederman Commissioner Sherwood Mayor Levy Enactment No: O-2018-13 26. 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) The City Attorney explained waiving the quasi-judicial procedures and Mayor Levy questioned if there were any objections to waiving them . There were no objections, and the quasi-judicial procedures were waived. 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: City of Hollywood Page 6 Regular City Commission Meeting Meeting Minutes - Final October 3, 2018 1. Keith Poliakoff, 200 E Las Olas Blvd. 2. Wilson Atkinson, 110 SE 6th Street There being no one further who wished to speak, the public hearing was declared closed. Douglas Gonzales, City Attorney, provided additional information. Discussion ensued among staff and members of the Commission. Commissioner Biederman left the meeting at 2:34 PM and returned at 2:36 PM. Discussion ensued among staff and members of the Commission. The City Clerk read the ordinance title on second and final reading. ACTION: Motion was made by Commissioner Hernandez, which was seconded by Commissioner Biederman, to adopt on second and final 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 27. R-2018-320 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering Design And Site Plan Approval For The Construction Of A Multi-Phased Mixed-Use Development Project, Village-B Of The Arts Park Master Development Plan, Consisting Of 433 Residential Units, Approximately 21,000 Square Feet Of Retail Space And Associated Parking Including 786 Parking Spaces, Now Known As “Parc Place”; And Providing An Effective Date. The City Attorney explained waiving the quasi-judicial procedures and Mayor Levy questioned if there were any objections to waiving them . There were no objections, and the quasi-judicial procedures were waived. Wilson Atkinson, 110 SE 6th Street, expressed personal opinions/concerns. City of Hollywood Page 7 Regular City Commission Meeting Meeting Minutes - Final October 3, 2018 ACTION: Motion was made by Commissioner Hernandez, which was seconded by Commissioner Biederman, to adopt the Resolution. On a voice vote the motion passed unanimously. (7-0) The Commission recessed at 2:46 PM and reconvened at 4:17 PM with Commissioner Biederman absent. 29. P-2018-060 Presentation By Barbara Markley, Chair, Gun Safety Committee, On The Broward League Of Women Voters Initiative “Lock It Up”. Barbara Markley, Broward League of Women Voters, provided a presentation on the gun lock it up safety campaign. Commissioner Biederman returned to the meeting at 4:20 PM. Discussion ensued among members of the Commission. 28. 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. Paul Calvaresi, Broward MPO, provided a presentation on the quiet zone designation status. Commissioner Callari left the meeting at 4:22 PM and returned at 4:25 PM. Discussion ensued among members of the Commission. 9. R-2018-308 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute Two Declarations Of Restrictive Covenants With Broward County To Place Age And Affordable Housing Restrictions On The Adams Street Property Relating To The Pinnacle At Peacefield Affordable Rental Housing For Seniors. Discussion ensued among members of the Commission. The following individuals expressed personal opinions/concerns: 1. Helen Chervin, 2470 Adams Street 2. Keith Poliakoff, 200 E Las Olas Boulevard Discussion ensued among members of the Commission. City of Hollywood Page 8 Regular City Commission Meeting Meeting Minutes - Final October 3, 2018 ACTION: Motion was made by Commissioner Callari, which was seconded by Commissioner Hernandez, to adopt the Resolution. On a voice vote the motion passed unanimously. (7-0) 30. PO-2018-20 An Ordinance Of The City Of Hollywood, Florida, Amending Section 33.025 Of The Code Of Ordinances Relating To The Employees’ Retirement Fund; Allowing Certain Members Of The Fund To Purchase Credited Service For Prior City Service. Douglas Gonzales, City Attorney, explained the intent of the ordinance. 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-2018-15 32. P-2018-062 Presentation By The Hollywood Police Department Regarding Broadwalk Security Enhancements. Dr. Wazir Ishmael, City Mananger, withdrew the presentation due to a scheduling conflict. 33. R-2018-321 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Select Among Three Options For The 2019 Enhanced Services Agreement With The Hollywood Community Redevelopment Agency For Professional Services And Administrative Support In Various Matters. Barbara Armand, Local 2432, expressed personal opinions/concerns. ACTION: Motion was made by Commissioner Hernandez, which was seconded by Commissioner Callari, to adopt the Resolution selecting option 2. On a voice vote the motion passed 6-1. Vice Mayor Case was opposed. 34. R-2018-322 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Contract With Sagaris Corp. For The “Colbert Elementary Safe Routes City of Hollywood Page 9 Regular City Commission Meeting Meeting Minutes - Final October 3, 2018 To School” Sidewalk Project In The Amount Of $1,199,507.60; Approving An Amendment To The Fiscal Year 2019 Capital Improvement Program. Luis Lopez, City Engineer, explained the intent of the resolution. ACTION: Motion was made by Commissioner Callari, which was seconded by Commissioner Hernandez, to adopt the Resolution. On a voice vote the motion passed unanimously. (7-0) 35. R-2018-323 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Appointing Two Members To The Marine Advisory Board. Renee Richards, Grants & Special Projects Manager, explained the intent of the resolution. ACTION: Motion was made by Vice Mayor Case, which was seconded by Commissioner Callari, to adopt the Resolution with the City Clerk drawing lots to determine the terms. On a voice vote the motion passed unanimously. (7-0) 36. Commissioner Sherwood, District 6 Hollywood Beach Golf & Country Club Commissioner Sherwood stated she wants the CRA to help finance the Hollywood Beach Golf & Country Club repairs, especially the clubhouse. Artist Colony Commissioner Sherwood requested more information from the CRA on the artist colony that was supposed to be coming to downtown Hollywood and their interest in the lot on Dixie Highway. ArtsPark Commissioner Sherwood stated she wants to know how the CRA can get more named performers at the ArtsPark, not just tribute performers. Downtown Buildings Commissioner Sherwood stated everything needs to look better in the downtown, and suggested the CRA staff needs to try to get the buildings painted by providing the building owners with paint. 37. Vice Mayor Case, District 1 National Night Out Vice Mayor Case stated National Night Out last night was very successful, and thanked the Police Officers who were present; she City of Hollywood Page 10 Regular City Commission Meeting Meeting Minutes - Final October 3, 2018 added the entertainment was excellent. CRA Enhanced Services Vice Mayor Case stated she would have liked to have been able to vote for Enhanced Services option 2 on today’s agenda for R-2018-321, but she does not think the option 2 wording included enhanced services funds. Cardboard Boat Race Vice Mayor Case announced on October 13th starting at 8:00 AM at the Hollywood Marina the cardboard boat race will take place. Historical Society Lecture Series Vice Mayor Case announced the Historical Society lecture series will be having an event on Sunday at 1:00 PM. Surfrider and Paddleboard Issues Vice Mayor Case stated regarding the paddleboard locations, David Vasquez, Interim Director of Parks, Recreation and Cultural Arts, has had meetings and will be discussing the issue with the Parks, Recreation and Cultural Arts Advisory Board this week with more information to follow next month. 38. Commissioner Hernandez, District 2 Commission In The Community Commissioner Hernandez reminded everyone on October 10th the Commission in the Community will be held at City Hall at 6:00 PM; refreshments will be served. Hollywood Beach Golf & Country Club Commissioner Hernandez echoed Commissioner Sherwood comments on using CRA funds for the Hollywood Beach Golf Course Country Club, especially for the golf course. Tree Trimmers Commissioner Hernandez asked staff to see if there are funds available to have tree trimmers on Washington Street between I-95 and Federal Highway, and on some of the avenues such as 19th, 20th, 24th, 26th, 28th Avenues, especially in Parkside. ILA County/City/CRA Agreement for Tiff Funds Commissioner Hernandez thanked the City Manager and everybody involved in getting the ILA agreement with the County/City/CRA use of tiff funds, approved today at the Joint/Special Commission/CRA meeting. City of Hollywood Page 11 Regular City Commission Meeting Meeting Minutes - Final October 3, 2018 39. Commissioner Callari, District 3 TAC Meetings Commissioner Callari requested the Police Department be in attendance at TAC meetings, so they can address any traffic issues before an item comes before the Planning & Development Board. Surfrider and Paddleboard Issues Commissioner Callari requested an update on the surfrider and paddleboard issues, and questioned if the City can intervene to make a safer zone for them, if not the reasons why. Yellow Green Market Commissioner Callari stated the Yellow Green Market issues on traffic and parking are intolerable, as it is not safe with people parking on the swales. The market and City need to work together to resolve this issue, as everyone needs to work together. Helping Elderly Resident Commissioner Callari thanked her husband who recognized and assisted an elderly gentleman and his wife in need, as they had not eaten in days. Commissioner Callari explained the Police are doing neighborly checks on them. HART Program Commissioner Callari stated she is looking forward to the HART program coming forward. AED Commissioner Callari stated she is looking for Commission support to have the City require regulations on placing AED’s in businesses and schools. Commissioner Callari wants the Fire Chief to look into the feasibility of having AED’s placed in fitness centers, gyms, recreational centers, hotels or motels of 100 beds or more, nursing homes, assisted living facilities, adult care centers. Commissioner Hernandez and Mayor Levy supported the request. Stop the Bleed Commissioner Callari requested a report on the stop the bleed program. 2727 Johnson Street Commissioner Callari expressed her disappointment in the Special Magistrate’s decision regarding 2727 Johnson Street, as the Special Magistrate gave them a further extension, which was unacceptable as the City of Hollywood Page 12 Regular City Commission Meeting Meeting Minutes - Final October 3, 2018 property needs to be more visibly pleasant. K-8 Schools Commissioner Callari stated she wants the K-8 schools addressed to keep residents in the City at Hollywood Hills. To make this happen, the City might need a partnership or put it on the GOBond. 40. Commissioner Blattner, District 4 AED and CPR Training Commissioner Blattner stated he wants AED and CPR training in City Hall. Hollywood Beach Golf & Country Club Commissioner Blattner stated the Hollywood Beach Golf & Country Club is a bigger issue than the CRA, and he feels it is a City issue, which needs to have further discussion. Commission In The Community Commissioner Blattner stated for the Commission in the Community meeting that the first speakers should be those who live in the district . Commissioner Hernandez stated he works with staff on the number of cards submitted and wants to speak to staff first before any changes . Commissioner Biederman stated it should be up to the host Commissioner to decide. Parking Commissioner Blattner stated the Stirling Road Library Friends used to attend a movie at Cinema Paradiso, but since the City started charging for parking they have stopped attending. He suggested a discounted parking or voucher program. Commissioner Hernandez responded stating he does not want to favor one business over another. Commissioner Blattner requested Commission support for staff to research a voucher program for business. Vice Mayor Case, Commissioner Callari, Commissioner Hernandez and Mayor Levy supported the request. 1203 Federal Highway Commissioner Blattner questioned if the City would be willing to give away the property at 1203 Federal Highway, if the applicant would buy adjacent property. 41. Commissioner Biederman, District 5 City of Hollywood Page 13 Regular City Commission Meeting Meeting Minutes - Final October 3, 2018 1203 Federal Highway Commissioner Biederman stated it depends on the deal for 1203 Federal Highway. Montella Park Community Center Commissioner Biederman stated he is excited that the City has purchased bathrooms for Montella Park Community Center. ILA County/City/CRA Agreement for Tiff Funds Commissioner Biederman stated the agreement with County/City/CRA for tiff funds allows the City to do some of the things that Joseph Young envisioned, such as maintain affordable housing in the City. Surfrider and Paddleboard Issues Commissioner Biederman stated he spoke to the City Manager about the standup paddleboard issue, and thanked Commissioner Callari for bringing the issue up. 2727 Johnson Street Commissioner Biederman stated regarding the 2727 Johnson Street issues and the Special Magistrate, he asked if the City has the ability to cancel their contract if they are not doing their due diligence. Douglas Gonzales, City Attorney, responded that the City has a contract with the Special Magistrate which can be cancelled if voted upon by the Commission. Commissioner Biederman asked for a review of the Special Magistrate decisions. Douglas Gonzales, City Attorney, explained the process regarding on how magistrates make their decisions. John Chidsey, Code Compliance Manager, provided additional information on the process for this property. Early Voting Commissioner Biederman commented on the upcoming early voting and early voting political sign regulations, and wants to know if it is addressed in State Law or City Codes, and requested the City Attorney to address it. Douglas Gonzales, City Attorney, responded on the political sign regulations for early voting. Commissioner Hernandez suggested having a waiver during early voting Dr. Wazir Ishmael, City Manager, stated staff was looking to get ahead of the controversy during early voting on the political signs and suggested Commissioner Biederman meet with staff, as enforcement will be even City of Hollywood Page 14 Regular City Commission Meeting Meeting Minutes - Final October 3, 2018 handed. Commissioner Callari left the meeting at 5:27 PM. Discussion ensued among staff and members of the Commission on early voting political signs. 42. Mayor Levy Vision Mayor Levy stated this is an exciting day, time, month with a new fiscal year; he will be following up on execution of visions and plans the City has which are in place. He is looking forward to the new budgetary year. FPL Street Lights Mayor Levy stated the FPL LED program for street lighting retro-fits is underway; he finds so many of the street lights are obstructed by tree canopy and asked the City Manager to exercise the opportunity and need for the City to trim the tree branches by a City tree crew or contractor, as he does not want FPL to skip these street lights for retro-fitting because of an obstruction. The request was supported by all Commission members present. Sylvia Glazer, Public Works Director, explained FPL will not clear street lights, they only clear their electrical lines. The Commission has approved a new tree crew and staff is working on getting the equipment ordered. A report will be provided and staff is also working on getting a FPL map. Commissioner Biederman asked for before and after pictures of some of the corridors. K-8 Schools Mayor Levy stated he met with Robert Runcie, Broward County School Superintendent, to discuss the upcoming workshop, as he wanted to make sure Mr. Runcie was aware of the K-8 opportunities. 43. City Attorney Outside Litigation Douglas Gonzales, City Attorney, stated that he has been trying to bring into line some of the outside litigation cases. When he started the City had approximately 123 cases outstanding, with 117 with one law firm which has been reduced to 16 cases. There are a total of 20 outside cases left, all the other cases have been resolved and others were brought back in-house. City of Hollywood Page 15 Regular City Commission Meeting Meeting Minutes - Final October 3, 2018 Beachside Montessori Douglas Gonzales, City Attorney, congratulated the Beachside Montessori soccer teams for girls and boys on their season. 44. City Manager ILA County/City/CRA Agreement for Tiff Funds Dr. Wazir Ishmael, City Manager, thanked the Commission for passing the ILA National Coffee Day Dr. Wazir Ishmael, City Manager, stated today is National Coffee with a Cop Day, the residents met the Police Officers at McDonalds this morning. October 10, 2018 Dr. Wazir Ishmael, City Manager, stated October 10th will be a busy day. There is a Port Everglades Master Vision meeting from 5:00 PM to 7:00 PM. A Broward County Communication Tower meeting will be held at Boulevard Heights Community Center with the second hearing on October 11th at Hollywood Beach Community Center. 45. The meeting adjourned at 5:45 PM. ______________________________ Patricia A. Cerny, MMC City Clerk Hollywood, Florida Approved on: ______________________ City of Hollywood Page 16

Agenda

Regular City Commission Meeting Wednesday, October 3, 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 October 3, 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 - 21 thru 24 1:15 PM - Items - 25 thru 27 1:30 PM - Items - 28 thru 29 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 20) 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-2018-304 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Regular City Commission Meeting Minutes Of May 2, 2018. Attachments: Resolution - min- 05-02-18.doc May 2 2018 minutes.pdf 6. R-2018-305 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Regular City Commission Meeting Minutes Of May 16, 2018. Attachments: Reso approving May 16 2018 minutes.doc May 16 2018 minutes.pdf Biederman conflict May 16 2018.pdf City of Hollywood Page 2 Regular City Commission Meeting Meeting Agenda - Final October 3, 2018 7. R-2018-306 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Special City Commission Meeting Minutes Of May 22, 2018. Attachments: RESO-min-special.doc May 22 2018 minutes.pdf OFFICE OF HUMAN RESOURCES 8. R-2018-307 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Revising The Comprehensive Pay Plan For Non-Represented Employees. Attachments: FY 19 Resolution Revising the Comprehensive Pay Plan for Non-Represented Employees FY 19 Compensation Plan FY 19 Compensation Plan strikethrough version BIS 18-288.doc COMMUNITY DEVELOPMENT DIVISION 9. R-2018-308 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute Two Declarations Of Restrictive Covenants With Broward County To Place Age And Affordable Housing Restrictions On The Adams Street Property Relating To The Pinnacle At Peacefield Affordable Rental Housing For Seniors. Attachments: Pinnacle Reso_Restricted Covenants_FINAL.docx Exhibit A.pdf Restricive Covenants (Age Restricted).pdf Restrictive Covenants (Affordable Housing).pdf ENGINEERING DIVISION 10. R-2018-309 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Vacating A Portion Of A 3-Foot Electric Lights And Water Line Easement Located Within “W. B. Symmes Subdivision” Plat, In Connection With The Construction Of A New Residential Development, Subject To Conditions. (VA-18-02). Attachments: EN18-158 Reso.doc Exhibit A.pdf A Site Survey Page 1 of 2.pdf B Site Survey Page 2 of 2.pdf Location Map.pdf Pinnacle at Peacefield Site Plan 18-DP-01 .pdf City of Hollywood Page 3 Regular City Commission Meeting Meeting Agenda - Final October 3, 2018 11. R-2018-310 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, With Notbychance, Inc. For Use Of The Public Right-Of-Way For Parking At 1321 South 30th Avenue, Based On A Four Year Term And First Year Annual Fee Of $6,876.43, Payable Quarterly In Advance, Including An Annual Escalation In The Amount Of The License Plus An Increase Of Three Percent. Attachments: Notbychance_Renewal Resolution 2017.doc Notbychance_2018 Agreement.docx Term Sheet - Notbychance ROW License Agreement.doc BIS 18-269.docx DEPARTMENT OF FINANCIAL SERVICES 12. R-2018-311 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending The Budgets Of Various Funds Of The Fiscal Year 2019 Operating Budget Adopted And Approved By Resolution R-2018-301; Revising Operating Revenues, Authorizing Budgetary Transfers And Adjustments, Reauthorizing And Re-Appropriating Certain Funding; And Providing An Effective Date. Attachments: Reso - rollovers.doc Exhibit 1.pdf Exhibit 2 Revised.pdf Exhibit 3.pdf Exhibit 4.pdf Exhibit 5 Revised.pdf Exhibit 6.pdf Exhibit 7.pdf Exhibit 8 Revised.pdf Exhibit 9.pdf Exhibit 10.pdf Exhibit 11 Revised.pdf BIS 18-295.doc City of Hollywood Page 4 Regular City Commission Meeting Meeting Agenda - Final October 3, 2018 DEPARTMENT OF PARKS, RECREATION & CULTURAL ARTS 13. R-2018-312 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending Resolution No. R-2018-146 And Authorizing The Appropriate City Officials To Accept The Areawide Council On Aging Of Broward County, Inc. Grant, In The Amount Of $228,000.00; Approving And Authorizing The Appropriate City Officials To Execute The Local Service Programs Contract, The Master Contract And Memorandum Of Understanding With The Areawide Council On Aging Of Broward County, Inc. To Provide Enhanced Senior Citizen Recreation Programs; And Further Authorizing The Appropriate City Officials To Execute All Applicable Grant Documents And Agreements. Attachments: RESO - Areawide Council on Aging of Broward County Inc Grant Elder Grant Exhibit 1 2018-2019 F. Lippman JL118-29-2019 F.Lippman JM018-29-2020 Elder Grant_MOU with Matrix TERM SHEET - ELDER GRANT 2018.doc BIS 18-291.doc 14. R-2018-313 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving Additional Extension Of The Existing Sublease Agreement Between JCD Golf Of Florida, Inc. And Nikki’s On The Green, Inc., For The Operation Of Food And Beverage Services At Orangebrook Golf And Country Club To Coincide With The Existing Management Agreement Between The City And JCD Golf Of Florida, Inc. Attachments: RESO_Nikki's Addl Extension2_OGGC2018.docx JCD renewal of contract 2018 (2).pdf Lease Extension Nikki's 2018 (2).pdf R-2011-215.pdf R-2014-286_JCD-Nikkis on the Green_Expiring_09 15.pdf Term Sheet - JCD.doc BIS 18-294.docx 15. R-2018-314 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue A Purchase Order To CXT, Inc. To Furnish And Install A Precast Restroom Building In The Amount Of $145,112.87. Attachments: Reso Montella Park Restroom.docx Montella Park Agenda Package Term Sheet - cxt, inc..doc BIS 18-298R.doc City of Hollywood Page 5 Regular City Commission Meeting Meeting Agenda - Final October 3, 2018 DEPARTMENT OF PUBLIC UTILITIES 16. R-2018-315 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute A Contract With TV Diversified, LLC For Construction Services Related To Lift Station W-27 Bypass And Valve Replacement, Located At 3145 Arthur Street, In The Amount Of $568,852.02. (Project No. 18-8064) Attachments: 01 Resolution - TV Diversified LS W-27 Bypass Valve Replacement.docx 3 Contract - 8064 - TV Diversified, LLC.pdf 4 Bid Tabulation 8064.pdf Term Sheet - TV Diversified, LLC.doc BIS 18-282.doc 17. R-2018-316 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute A Contract With Southeastern Engineering Contractors, Inc. For Construction Services Related To Lift Station E-4 Repair, Located In The S. 10th Avenue Right-Of-Way, North Of S. Southlake Drive, In The Amount Of $204,247.00. (Project No. 18-8065) Attachments: 01 Resolution - Southeastern Contract for Lift Station E-4 Repair.docx 3 Contract 8065 S.E. Engineering Cont. Inc..pdf 4 bid evaluation LS -E4 REPAIR.pdf Term Sheet - Southeastern Engineering Contractors, Inc..doc BIS 18-277.doc 18. R-2018-317 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Terminate The Proposed Contract With BLDM USA, LLC And To Execute A Contract With The Second Lowest Bidder, Intercounty Engineering, Inc., For Construction Services Related To Lift Station A-5 Upgrade Located At 333 Briarwood Circle, As Identified In The 2007/2008 Wastewater System Master Plan, In The Amount Of $997,356.00. (Project No. 16-8062) Attachments: 01 Resolution - Intercounty Contract for Lift Station A-5 Upgrade.docx 02 Contract - Intercounty Engineering, Inc. Lift Station A-5 Upgrade (8062).pdf 03 ATP - AECOM AEC 17-01 Lift Station A-5 Upgrade (8062) Executed.pdf 04 Bid Tab - Lift Station A-5 Upgrade (8062).pdf 05 Bid Relinquish - BLDM USA, LLC Lift Station A-5 Upgrade (8062).pdf 06 Bid Honor - Intercounty Lift Station A-5 Upgrade (8062) REV.pdf Term Sheet - Intercounty Engineering, Inc..doc BIS 18-280.doc City of Hollywood Page 6 Regular City Commission Meeting Meeting Agenda - Final October 3, 2018 19. R-2018-318 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue The Attached Amendment No. 1 To The Authorization To Proceed For Work Order No. TTH 16-01 With Tetra Tech, Inc. To Provide Additional Professional Engineering Services For The Investigation, Design Modification, Permit And Construction Services Related To Relocation Of The Horizontal Directional Drill Boring In The Amount Of $16,150.00. (Project No. 15-5130). Attachments: 01 Resolution - Tetra Tech Amendment to ATP TTH 16-01 (15-5130).docx 3 Authorization to Proceed 5130 Amendment.pdf 4 200-16428-16001-Amendment No 1_08-06-18 revised.pdf 5 R-2016-247.pdf 6 R-2015-364.pdf Term Sheet - Tetra Tech Work Order 16-01 - Amdt..doc BIS 18-278.doc 20. R-2018-319 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue The Attached Blanket Purchase Order With Sunstate Meter And Supply, Inc. For Cold Water Meters For An Estimated Annual Expenditure Of $408,344.85. Attachments: 01 Resolution - Sunstate Meter & Supply BPO for Cold Water Meters_revised.doc B003185 Sunstate Meter Water Meters Initial Term.docx bid_F-4595-18-RL_-_Cold_Water_Meters_Line_Item_Tab_Report.pdf Packet_for_Bid_F-4595-18-RL.pdf TERMSHEETSUNSTATENEPTUNEMETERBIDCOLDWATERMETERS2018.doc BIS 18-290.doc 1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS 21. P-2018-056 Proclamation In Recognition Of Domestic Violence Awareness Month, October 2018. Attachments: Domestic Violence Month 2018.doc 22. P-2018-057 Proclamation Of October 2018 As National Breast Cancer Awareness Month In The City Of Hollywood. Attachments: Breast Cancer Awareness- 2018.doc 23. P-2018-058 Presentation By Joshua Kittinger, Human Resources Officer, Of Employees Hired July 1, 2018 Through September 30, 2018. 24. P-2018-059 Presentation By Christopher Pratt, Fire Chief, On The Certificate Of Personal Recognition To Darien Munoz. City of Hollywood Page 7 Regular City Commission Meeting Meeting Agenda - Final October 3, 2018 1:15 PM TIME CERTAIN ITEM 25. PO-2018-19 An Ordinance Of The City Of Hollywood, Florida, Vacating A Portion Of The Platted Alley Lying Within Block 58 Of The Plat Of “HOLLYWOOD”, Plat Book 1, Page 21; Providing A Severability Clause, A Repealer Provision, And An Effective Date. (VA-18-03) Attachments: EN18-165 Ord.doc Exhibit A Area to Vacate Sketch and Legal.pdf Location Map.pdf Proposed Easement Sketch and Legal.pdf Site Plan.pdf Survey.pdf Engineering Division Second Reading No Changes Since First Reading Advertised Public Hearing 1:15 PM QUASI-JUDICIAL ITEM(S) (Rules of Procedure Attached to Agenda) 26. 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 Second Reading No Changes Since First Reading Advertised Public Hearing 27. R-2018-320 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering Design And Site Plan Approval For The Construction Of A Multi-Phased Mixed-Use Development Project, Village-B Of The Arts Park Master Development Plan, Consisting Of 433 Residential Units, Approximately 21,000 Square Feet Of Retail Space And Associated Parking Including 786 Parking Spaces, Now Known As “Parc Place”; And Providing An Effective Date. Attachments: 1704_CC_Resolution_2018_1003 Exihibit A Exihibit B Planning Division City of Hollywood Page 8 Regular City Commission Meeting Meeting Agenda - Final October 3, 2018 1:30 PM TIME CERTAIN ITEM(S) 28. 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. Continued From The September 5, 2018 Meeting 29. P-2018-060 Presentation By Barbara Markley, Chair, Gun Safety Committee, On The Broward League Of Women Voters Initiative “Lock It Up”. ORDINANCE(S) 30. PO-2018-20 An Ordinance Of The City Of Hollywood, Florida, Amending Section 33.025 Of The Code Of Ordinances Relating To The Employees’ Retirement Fund; Allowing Certain Members Of The Fund To Purchase Credited Service For Prior City Service. Attachments: openempbuyservice.doc BIS 18-297.docx Office of the City Attorney First Reading Requires A 5/7ths Vote REGULAR AGENDA 31. P-2018-061 Presentation By The Hollywood Police Department Regarding The Hollywood Homeless Task Force. 32. P-2018-062 Presentation By The Hollywood Police Department Regarding Broadwalk Security Enhancements. 33. R-2018-321 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Select Among Three Options For The 2019 Enhanced Services Agreement With The Hollywood Community Redevelopment Agency For Professional Services And Administrative Support In Various Matters. Attachments: CRA Enhanced Services Reso for City.doc Exhibit A Option 1 - 2019 AMENDED ENHANCED SERVICES AGREEMENT.docx Exhibit B Option 2 - 2019 AMENDED ENHANCED SERVICES AGREEMENT.docx Exhibit C Option 3 - 2019 AMENDED ENHANCED SERVICES AGREEMENT.docx terenhancedservicescitycra.doc BIS 18-296.doc Office of the City Attorney City of Hollywood Page 9 Regular City Commission Meeting Meeting Agenda - Final October 3, 2018 34. R-2018-322 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Contract With Sagaris Corp. For The “Colbert Elementary Safe Routes To School” Sidewalk Project In The Amount Of $1,199,507.60; Approving An Amendment To The Fiscal Year 2019 Capital Improvement Program. Attachments: TMP -2018-467 REV Colbert SRTS Resolution (002).doc Exhibit A Sidewalk Grant .pdf Colbert Elementary SRTS CONTRACT ONLY .pdf Sagaris Corp Bid form.pdf Sagaris Corp 0300.pdf EN-16-030 Colbert Elementary SRTS LAP Div 1 Specs 00900.pdf Bid Tabulation 436921-1 Colbert SRTS EN 16-030.pdf G0V31 436921-1 Notice to Proceed 05152018.pdf G0V31 436921-1 Bid Concurrence Letter signed 08162018.pdf TermSheetSagarisColbertSidewalkProject2018.doc BIS 18-284.doc Engineering Division 35. R-2018-323 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Appointing Two Members To The Marine Advisory Board. Attachments: Resolution MAB2018-19.docx Richard KniffinMAB App.pdf Chuck Smith MAB App.pdf Department of Parks, Recreation and Cultural Arts City of Hollywood Page 10 Regular City Commission Meeting Meeting Agenda - Final October 3, 2018 COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY MANAGER 36. Commissioner Sherwood, District 6 37. Vice Mayor Case, District 1 38. Commissioner Hernandez, District 2 39. Commissioner Callari, District 3 40. Commissioner Blattner, District 4 41. Commissioner Biederman, District 5 42. Mayor Levy 43. City Attorney 44. City Manager 45. 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 11 Regular City Commission Meeting Meeting Agenda - Final October 3, 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 12 Regular City Commission Meeting Meeting Agenda - Final October 3, 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 13 Regular City Commission Meeting Meeting Agenda - Final October 3, 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 14 Regular City Commission Meeting Meeting Agenda - Final October 3, 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 15 Regular City Commission Meeting Meeting Agenda - Final October 3, 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 16 Regular City Commission Meeting Meeting Agenda - Final October 3, 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 17

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