Regular City Commission Meeting
Regular MeetingHollywood, FL · October 3, 2018
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,
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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.
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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)
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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.
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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
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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:
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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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