Regular City Commission Meeting
Regular MeetingHollywood, FL · October 17, 2018
Minutes
City of Hollywood
Hollywood City Hall
2600 Hollywood Blvd
Hollywood, FL 33020
http://www.hollywoodfl.org
Meeting Minutes - Final
Wednesday, October 17, 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 17, 2018
. The Regular City Commission Meeting of the City of Hollywood, Florida, was called to
order by Mayor Levy on Wednesday, October 17, 2018 at 1:05 PM in the City
Commission Room, Room 219, Joseph W. Watson Circle, Hollywood, Florida.
1. Moment of Silence
2. Pledge of Allegiance
3. Recognition of Veterans, Active Service Personnel & Their Families
4. Roll Call
Present: Vice Mayor Debra Case, Commissioner Peter Hernandez,
Commissioner Traci Callari, Commissioner Richard Blattner,
Commissioner Kevin D. Biederman, Commissioner Linda Sherwood
and Mayor Josh Levy
CONSENT AGENDA
Approval of the Consent Agenda
ACTION: A motion was made by Commissioner Callari, seconded
by Commissioner Hernandez, to adopt the Consent Agenda. The
motion passed unanimously. (7-0)
5. R-2018-325 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving The Second Amendment To The Settlement Agreement With
Broward County For The Litigation Styled City Of Sunrise, Et. Al. v.
Broward County; Authorizing The Appropriate City Officials To Execute
The Second Amendment In Order to Extend the Sale Delay Period for
the Alpha 250 Parcel Until October 11, 2019; Providing For Severability;
Providing For Conflicts; And Providing For An Effective Date.
ACTION: This Resolution was moved by Commissioner Callari,
which was seconded by Commissioner Hernandez, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
6. R-2018-326 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Renew The Contracts With
The Pool Of Qualified Contractors For Housing Rehabilitation And
Repair Services For Participants In The City Of Hollywood’s Housing
Rehabilitation Program In An Estimated Annual Amount Of $700,000.00.
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ACTION: This Resolution was moved by Commissioner Callari,
which was seconded by Commissioner Hernandez, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
7. R-2018-327 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute A
Highway Maintenance Memorandum Of Agreement With The Florida
Department Of Transportation Associated With The Delivery Of Transit
Improvements For Certain Projects Identified In The Five-Year Adopted
Work Program Which Fall Within The City Of Hollywood’s Limits, More
Specifically The Broward County Transit Improvements Along US 1
(Specifically, The Bus Shelter At Northbound US 1 And Coolidge Street).
Financial Management Project No. 429575-2-52-01.
ACTION: This Resolution was moved by Commissioner Callari,
which was seconded by Commissioner Hernandez, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
7A. R-2018-336 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute A
Parklet Revocable License Agreement With Rosforsam, Inc., D/B/A
Mickey Byrnes, For Use Of The Public Right-Of-Way Parking Space For
Placement Of A Parklet Adjacent To The Property Located At 1921
Hollywood Boulevard In The Estimated Amount Of $4,320.00.
ACTION: This Resolution was moved by Commissioner Callari,
which was seconded by Commissioner Hernandez, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
8. R-2018-328 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Apply For And If Awarded,
Accept The Department Of Homeland Security 2018 Assistance To
Firefighters Grant In An Amount Not To Exceed $1,500,000.00 To
Purchase Fire Rescue Operational And/Or Training Equipment;
Authorizing The Expenditure Of Matching Funds In An Amount Not To
Exceed $150,000.00; Authorizing The Establishment Of Certain
Accounts To Recognize And Appropriate The Grant Funding, If Awarded;
And Amending the Fiscal Year 2019 Adopted Operating Budget
(R-2018-301).
ACTION: This Resolution was moved by Commissioner Callari,
which was seconded by Commissioner Hernandez, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
9. R-2018-329 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
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Approving And Authorizing The Appropriate City Officials To Issue
Purchase Orders With Keylite Power & Lighting Corporation To Provide
And Install Phoenix G2 Fire Station Fire Alerting Systems In Fire Station
#40, Fire Station #5, Fire Station #105, Fire Station #31, Fire Station
#74, And In The Training Facility In An Amount Not To Exceed
$800,000.00.
ACTION: This Resolution was moved by Commissioner Callari,
which was seconded by Commissioner Hernandez, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
10. R-2018-330 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute
The Attached 12 Month Agreement With Motorola Solutions, Inc. For
Subscriber Maintenance, Including Dispatch Service, Local Repair,
Onsite Response And Maintenance Of The Fire Alerting And Radios For
A One Year Term In The Estimated Amount Of $184,260.00.
ACTION: This Resolution was moved by Commissioner Callari,
which was seconded by Commissioner Hernandez, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
11. R-2018-331 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute A Utility Work By
Highway Contractor Agreement With Florida Department Of
Transportation In The Lump Sum Amount Of $18,760.00 For The
Adjustment Of Utility Sewer Manholes And Water Valves On Park Road,
Fillmore Street, Polk Street And Van Buren Street (Project Number:
18-5139).
ACTION: This Resolution was moved by Commissioner Callari,
which was seconded by Commissioner Hernandez, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
13. P-2018-059 Presentation By Christopher Pratt, Fire Chief, On The Certificate Of
Personal Recognition To Darien Munoz.
Chris Pratt, Fire Chief, read the commendation which resulted in Darien
Munoz, Firefighter, being recognized with a certificate of personal
recognition.
Lior Haiat, Consulate General of Israel, expressed his appreciation on
behalf of the State of Israel for Firefighter Darien Munoz and the support
of the City.
Darien Munoz, Firefighter, accepted the award and thanked the
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Commission and Consulate for the recognition.
12. P-2018-063 Recognition Of The October 2018 Diamond Service Award Nominees
By The Diamond Service Award Selection Committee. Presentation Of
The October 2018 Diamond Service Award Recipient By The Diamond
Service Award Selection Committee. Presentation Of The October 2018
Service Awards By Jennifer Solinger, Human Resources Administrator
To 122 City And Five (5) CRA Employees In Recognition Of Their Years
Of Service.
Tami Thornton, Assistant Director of Human Resources, reviewed the
nominees for the Diamond Service Award.
Tami Thornton, Assistant Director of Human Resources, read the
commendation which resulted in Madonna Dell Olio, Budget Manager,
being awarded with the October 2018 Diamond Service Award.
Madonna Dell Olio, Budget Manager, accepted the award and thanked
the Commission, Manager and her colleagues for the recognition and
support.
Jennifer Sollinger, Human Resources Administrator, recognized the City
and CRA employees for their years of service.
19. R-2018-334 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Repealing All Previous City Resolutions Pertaining To The Policy And
Procedures For Properties, Facilities, Parks, Streets And Memorials;
Approving A New Naming Policy And Procedures; Approving Two
Application Forms For Properties, Facilities, Parks, Streets And
Memorials, And Veteran’s Memorial Plaques; And Providing For An
Effective Date.
Dr. Wazir Ishmael, City Manager, withdrew the resolution from
consideration.
14. 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.
The Mayor announced the ordinance was advertised in conformance with
Florida Statutes and City Codes. The public hearing was opened; there
being no one present who wished to speak, the public hearing was
declared closed.
Douglas Gonzales, City Attorney, corrected the verbage on paregraph
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11, to add "or current" and provided additional information.
The City Clerk read the ordinance title on second and final reading.
ACTION: Motion was made by Commissioner Callari, which was
seconded by Vice Mayor Case, 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-2018-15
15. R-2018-332 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Endorsing The Pooches & Kitties In Hollywood, Inc. Program In The City
Of Hollywood.
Sylvia Glazer, Department of Public Works, provided an introduction on
the purpose of the resolution.
Cherie Cohn, Police Sergeant, provided a detailed presentation on the
proposed Pooches and Kitties in Hollywood Inc. program.
John Chidsey, Code Manager, reviewed the community meeting
regarding Stan Goldman Park, the possible location for the program.
Cherie Cohn, Police Sergeant, provided further information on how the
proposed program would work.
John Chidsey, Code Manager, reviewed the recommendation to begin
the program.
Discussion ensued among staff and members of the Commission.
The following individuals expressed personal opinions/concerns:
1. Claire Garrett, 3148 Calle Largo Drive
2. Patricia Antrican, 2534 Fillmore Street
3. Lynn Smith, 1939 Adams Street
4. Wendy Shugar Martin, 5297 SW 34 Way
5. Helen Chervin, 2470 Adams Street
6. Anastasia Sultzer, 2033 Funston Street
7. Patricia Donmoyo, 1544 Weeping Willow Way
8. Claude Luciani, 1428 Hollywood Blvd.
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9. Lisa Zomaro, 2108 Tyler Street
Discussion ensued among staff and members of the Commission.
ACTION: Motion was made by Commissioner Callari, which was
seconded by Commissioner Sherwood, to adopt the Resolution.
On a voice vote the motion passed unanimously. (7-0)
16. PO-2018-21 An Ordinance Of The City Of Hollywood, Florida, Changing The Zoning
Designation Of The Property Generally Located East Of Southwest 40th
Avenue On Southwest 49th Court From C-3 (Medium Intensity
Commercial) To GU (Government Use); Amending The City’s Zoning
Map To Reflect The Change In Zoning Designation; And Providing For
An Effective Date. (18-PZ-48)
Commissioner Sherwood left the meeting at 2:41 PM.
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.
Commissioner Blattner left the meeting at 2:46 PM and returned at 2:47
PM.
Fitz Murphy, Planning Administrator, explained the intent of the
ordinance.
Commissioner Sherwood returned to the meeting at 2:49 PM.
Discussion ensued among staff and members of the Commission.
Tracy Jackson, Director of Broward County Regional Emergency
Services and Communications, responded to questions raised by the
Commission.
Commissioner Blattner left the meeting at 2:51 PM and returned at 2:52
PM.
Leslie Del Monte, Planning Manager, provided additional information.
Discussion ensued among staff and members of the Commission.
Dr. Wazir Ishmael, City Manager, provided additional information.
Discussion ensued among staff and members of the Commission.
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Douglas Gonzales, City Attorney, responded to questions raised by the
Commission.
ACTION: Motion was made by Commissioner Blattner, which was
seconded by Commissioner Callari, to continue the Ordinance
until community outreach has occured.
Discussion ensued among members of the Commission.
ACTION: Commissioner Blattner withdrew his motion to continue.
Discussion ensued among members of the Commission.
The City Clerk read the ordinance title on first reading.
ACTION: Motion was made by Commissioner Callari, which was
seconded by Commissioner Blattner, to adopt on first reading the
Ordinance and to have community outreach prior to second
reading. 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-2018-19
17. R-2018-333 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Considering The Request For Site Plan For A Communication Tower
Located At 1200 Sheridan Street; And Providing An Effective Date.
(18-P-49)
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.
Fitz Murphy, Planning Administrator, explained the intent of the resolution.
Tracy Jackson, Director of Broward County Regional Emergency
Services and Communications, explained the proposed communication
tower.
The Commission recessed at 3:17 PM and reconvened at 3:31 PM with
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all members of the Commission present.
Tracy Jackson, Director of Broward County Regional Emergency
Services and Communications, provided a presentation on the
communications system and the need for towers throughout the county at
select locations to ensure proper emergency responder radio
communications.
Jose De-Zayas, E911 Administrator for Broward County, responded to
questions raised by the Commission.
Commissioner Blattner left the meeting at 4:04 PM and returned at 4:08
PM.
Discussion ensued among members of the Commission and Broward
County representatives responded to questions asked of them.
The following individuals expressed personal opinions/concerns:
1. Lisa Stingone Turner, 1530 Sweetbay Way
2. Amanda Mitchell, 1055 Scarlet Oak Street
3. Joseph Mickey, 1035 Weeping Willow Way
4. Alex Brown, 1090 River Birch Street
5. Christine Field, 2169 N 14th Avenue
6. Raiza Perault, 1130 Butternut Lane
7. Susanna Fernandez, 1100 Redwood Street
Discussion ensued among members of the Commission and Broward
County representatives responded to questions asked of them.
ACTION: Motion was made by Commissioner Callari, which was
seconded by Mayor Levy, to continue the Resolution until the
November 7, 2018 Regular Commission Meeting so that the CIRC
hotel site and Hard Rock Hotel site can be vetted to see if they are
viable options. On a voice vote the motion passed unanimously.
(7-0)
18. P-2018-064 Presentation By Lorie Mertens-Black, Chief Civic Affairs Officer,
Providing An Update On Early Voting At City Hall.
Lorie Mertens-Black, Chief Civic Affairs Officer, provided a presentation
updating the early voting at City Hall.
Discussion ensued among staff and members of the Commission.
Patricia Cerny, City Clerk, and Douglas Gonzales, City Attorney,
responded to questions raised by the Commission.
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20. R-2018-335 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute An
Agreement With The Free Ride For Circulator Services In An Estimated
Annual Amount Of $885,360.00.
Commissioner Callari left the meeting at 5:00 PM and returned at 5:01
PM.
Shiv Newaldess, Director of Development Services, explained the intent
of the resolution.
Dr. Wazir Ishmael, City Manager, provided additional information.
The item was temporarily passed in order to hear Citizens Comments.
21. CITIZENS’ COMMENTS
The following individuals expressed personal opinions/concerns:
1. Tom Cooper, 5321 Polk Street
Commissioner Sherwood left the meeting at 5:10 PM and returned at
5:15 PM.
2. Maria Jackson, 2305 Fletcher Street
3. Claire Garrett, 3148 Calle Largo Drive
4. Drue Brandenburg, 1901 N 31 Avenue
5. Richard Petrovich
Commissioner Hernandez left the meeting at 5:23 PM and returned at
5:29 PM.
6. Adriana Algeri, 1902 Madison Street
7. Patricia Antrican, 2534 Fillmore Street
8. Bob Glickman, 3111 N. Ocean Drive
20. R-2018-335 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute An
Agreement With The Free Ride For Circulator Services In An Estimated
Annual Amount Of $885,360.00.
The commission resumed discussion on the item.
Discussion ensued among staff and members of the Commission.
Douglas Gonzales, City Attorney, provided additional information.
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Discussion ensued among staff and members of the Commission.
Shiv Newaldess, Director of Development Services, responded to
Commission questions on the difference of the applicant responses in
service provided.
Discussion ensued among members of the Commission.
Gus Zambrano, Assistant City Manager for Sustainable Development,
provided additional information.
Discussion ensued among staff and members of the Commission.
Jorge Camejo, CRA Executive Director, provided additional information.
Discussion ensued among staff and members of the Commission.
Commissioner Blattner left the meeting at 6:00 PM.
Alex Espisito, The Free Ride, responded to questions raised by the
Commission.
ACTION: Motion was made by Commissioner Hernandez, which
was seconded by Commissioner Callari, to adopt the resolution
with an amendment to allow flexibility for the City to direct where
the vans should be queued. On a voice vote the motion passed
6-0. Commissioner Blattner was absent.
22. Vice Mayor Case, District 1
Cardboard Boat Race
Vice Mayor Case recapped the success of the cardboard boat race and
thanked everyone involved in the event.
Garage Naming
Vice Mayor Case asked for Commission support for staff to propose
names for the garage on the beach. Discussion ensued among
members of the Commission regarding the proposed name.
Commissioner Biederman and Mayor Levy supported the request.
Bandshell Music
Vice Mayor Case thanked the Margaritaville security, the Police
Department, City Attorney and staff who helped to establish a plan for
more support on Wednesday and Thursday at the bandshell during music
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events.
Workshops
Vice Mayor Case stated the workshops today were excellent and the City
is very progressive in its thinking and direction.
Happy Halloween
Vice Mayor Case wished everyone a happy Halloween.
23. Commissioner Hernandez, District 2
United Neighbors Civic Association
Commissioner Hernandez announced the United Neighbors Civic
Association meeting is Thursday at 7:00 PM at McNicol Middle School
and everyone is invited.
Height Restrictions
Commissioner Hernandez stated that resident Bob Glickman has
mentioned about how staff recommends approval of variances, and the
ordinances on height restrictions. Commissioner Hernandez stated he
also mentioned it a couple of months ago, that if the City is going to allow
higher buildings, then the City should change the ordinance to allow
higher buildings, and staff should adhere to the height ordinance, instead
of recommending approval of variances.
Commission Call for Review
Commissioner Hernandez stated he supports the Call for Commission
Review regarding the Planning & Development Board decision on
October 11th and will submit a memo.
Planning & Development Board Meeting
Commissioner Hernandez stated he is bothered that the video of the
Planning & Development Board meeting is not available yet and has
questions on the proposed project, parking, public parking. He wants to
know what criteria were used to support the board’s decision.
Commissioner Blattner returned to the meeting at 6:19 PM.
Margaritaville
Commissioner Hernandez stated he is happy that staff is trying to obtain
$1.7 million from the Margaritaville sale and thanked everyone involved.
24. Commissioner Callari, District 3
Happy Birthday
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Commissioner Callari wished her husband, Jamie, a happy birthday.
Hollywood Hills Civic Association
Commissioner Callari announced the Hollywood Hills Civic Association
is having their meeting this evening at 7:00 PM.
Building Heights
Commissioner Callari explained she attended the Planning &
Development Board meeting last Thursday, October 11, 2018 in which
the board approved a project. She thinks the project should go back to
have community outreach and education, as height limitations should be
reviewed, and asked for Commission support. Commissioner
Hernandez and Mayor Levy supported height limitations.
YellowGreen Market
Commissioner Callari stated in regards to the YellowGreen market, the
Commission has received lots of emails from residents regarding the
traffic and market expansion. She wants staff and the YellowGreen
market to sit down and address the issues and safety concerns.
Pooches & Kitties
Commissioner Callari thanked everyone who came out today to support
the pooches and kitties item today.
Cardboard Boat Race
Commissioner Callari stated the cardboard boat race was great, and
she had a great time.
Speed Humps
Commissioner Callari stated there is a need to address the speed
humps at Arthur Street. Commissioner Hernandez and Commissioner
Biederman supported it.
School Swales
Commissioner Callari stated she visited various public schools and
parking is always an issue, she wants staff to work with the schools to
stop parking on their swales, and she also wants to ensure that everyone
is following the rules not to allow parking on the swales.
25. Commissioner Blattner, District 4
Cardboard Boat Race
Commissioner Blattner stated the cardboard boat race was amazing,
and thanked all staff who were involved.
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441 Redevelopment
Commissioner Blattner stated 40 years ago the City was promised that
441 would be redeveloped. During those years, the City lost the Sears
and Fashion Center Malls. There has been no significant development
until recently with a new project for a linear park, Transit Oriented
Corridor, and the opportunity for new businesses.
Commissioner Blattner spoke about the meaning of mixed use, and
stated the projects approved in the last ten years do not meet that
definition. The City needs to do something, as the City is approving too
many gas stations, and he wants to put a stop to gas stations. The City
needs to attract the redevelopment that was envisioned by the State
Road 7 Collaborative and the Bernard Zyscovish Plan from 2004. He
wants the City to take a stand on the developments not wanted, and
requested a Zoning in Progress for gas stations on 441.
26. Commissioner Biederman, District 5
Getting Married
Commissioner Biederman congratulated two District 5 residents Kevin
Ammann and Betty Brath who are getting married this weekend.
Driftwood Civic Association
Commissioner Biederman congratulated Glenda Pagan-Cortes on being
named the Driftwood Civic Association new president.
Boulevard Heights Civic Association
Commissioner Biederman congratulated Judy Bates on being named
the Boulevard Heights Civic Association new president.
Volunteering
Commissioner Biederman announced the Church United, Rebuilding
Broward and Hollywood Community Church are doing a program called
Love Hollywood. The volunteers will be doing landscaping and refresh
work at Apollo Middle School and for four to five houses surrounding the
school. This event is sponsored by Home Depot and Chick-fil-A. This is
similar to projects like Model Block, but from the private sector.
Read For The Record Event
Commissioner Biederman announced the Read for the Record event is
next Thursday, October 25th in which volunteers read to kids at schools.
This a world wide annual event.
Montella Park
Commissioner Biederman announced the ground breaking on the
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Montella Park bathrooms.
Building Department
Commissioner Biederman stated that Dean Decker, Building Official, is
one of the City's best "spokespersons" on how well the City is moving
forward.
27. Commissioner Sherwood, District 6
441 Development
Commissioner Sherwood stated she does not want a gas station on
every corner of 441, however she is reluctant to do a moratorium as it
stops development. Commissioner Sherwood stated there needs to be
development such as places for kids to go to for entertainment,
especially teenagers.
Building Heights
Commissioner Sherwood stated the building height on the beach needs
to be addressed and needs to be realistic, it should take into
consideration sea level rise and parking within the building. She asked
for Commission support to have staff research to change the building
heights on the beach. Mayor Levy stated the request has already been
made and Commissioner Sherwood can be the fourth supporter. Mayor
Levy stated this is a long discussion with workshops.
Bosses Day
Commissioner Sherwood thanked all the Commission Assistants for the
Bosses Day luncheon and flowers.
National Honor Society
Commissioner Sherwood stated last night Mayor Levy, Commissioner
Callari and herself were at Orangebrook Elementary School for the
National Honor Society event, which was very impressive.
28. Mayor Levy
Thanks
Mayor Levy thanked everyone for their stamina and passion for attending
all the meetings today.
Upcoming Projects
Mayor Levy stated staff has so much on their plate with the ILA
agreement, projects and the GO Bond, which will be ushering larger
volumes of private investments. The Commission should be cognizant of
staff overload.
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Building Heights
Mayor Levy stated another reason to consider changing building heights
on the beach is sea level rise issues, and used a recent development
which came before the Planning & Development Board as an example.
Commissioner Hernandez asked for clarification on the Commission Call
for Review for the recent item from the Planning & Development Board
which the Mayor referenced. Mayor Levy stated he is only supporting the
review of the Master Plan, not that particular proposed project.
Douglas Gonzales, City Attorney, clarified the request of the Commission
is to have staff review the height limitations in the current ordinance and
to review the variance ordinance.
Mayor Levy stated staff needs to look at the big picture to make sure it is
sensible for the beach. There have been complaints of being too
restrictive on the beach, with the setbacks and to have a refresher on the
Bernard Zyscovish Master Plan with sea level rise and FEMA regulations
and to bring information back in the spring of 2019. Mayor Levy stated
there are issues on the recurring variances that come back to the board
such as the North Beach 5 foot variances.
National Honor Society
Mayor Levy stated he attended the Orangebrook Elementary School
Honor Society induction, which was excellent.
Cardboard Boat Race
Mayor Levy stated the cardboard boat race was very successful and
everyone had fun.
Building Department
Mayor Levy stated Dean Decker, Building Official, has made many
improvements in the Building Department since he was hired.
29. City Attorney
7508 Grant Court
Douglas Gonzales, City Attorney, stated on August 29, 2018, the
Commission authorized the sale of 7508 Grant Court. The individual
buying the property is a medical resident and is requesting an eight day
extension to October 26, 2018.
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ACTION: Motion was made by Commissioner Biederman, which
was seconded by Commissioner Hernandez, to grant the request
for an eight day extension to October 26, 2018. On a voice vote the
motion passed unanimously. (7-0)
. City Attorney
YellowGreen Market
Douglas Gonzales, City Attorney, stated staff has met with the
YellowGreen Market representatives last week and they have requested
a follow up meeting with staff. Mr. Gonzales stated if there are things
being done at the property which were not approved by the City, he
suggests not having the meeting.
Boss’s Day
Douglas Gonzales, City Attorney, thanked his staff for a wonderful boss's
day yesterday.
30. City Manager
Productive Day
Dr. Wazir Ishmael, City Manager, stated it has been a long but productive
day, with two excellent workshops this morning with great discussions .
Everyone was very collegial, so let's continue that.
Employee Service Awards
Dr. Wazir Ishmael, City Manager, stated there were 127 employees who
received services awards earlier today and it says a lot about the City
with employees staying so long. Once again, he thanked all the
employees for their service.
TED Talk
Dr. Wazir Ishmael, City Manager, announced tomorrow October 18, 2018
the Department of Communication, Marketing and Economic
Development will be hosting a TED Talk with South Florida Business
Journal at the ArtsPark from 2:00 PM to 4:00 PM. There will be experts
who have a variety of strategies on technology, and startups will be
speaking.
Department Presentations
Dr. Wazir Ishmael, City Manager, stated the monthly department update
on the Department of Development Services was going to be given, but
due to the long day, the presentation will be at the next meeting.
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31. The meeting adjourned at 6:57 PM.
______________________________
Patricia A. Cerny, MMC
City Clerk
Hollywood, Florida
Approved on:
______________________
City of Hollywood Page 17
Agenda
Regular City Commission Meeting
Wednesday, October 17, 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 17, 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 - 12 thru 13
1:15 PM - Item - 14
1:30 PM - Item - 15
5:00 PM - Item - 21
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 11)
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.
City of Hollywood Page 2
Regular City Commission Meeting Meeting Agenda - Final October 17, 2018
OFFICE OF THE CITY ATTORNEY
5. R-2018-325 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving The Second Amendment To The Settlement
Agreement With Broward County For The Litigation Styled City Of
Sunrise, Et. Al. v. Broward County; Authorizing The Appropriate City
Officials To Execute The Second Amendment In Order to Extend the
Sale Delay Period for the Alpha 250 Parcel Until October 11, 2019;
Providing For Severability; Providing For Conflicts; And Providing For
An Effective Date.
Attachments: RESORRBSECONDAMENDMENTSETTLEMENTAGREEMENT2018 DOC.docx
Exhibit A Second Amendment to Settlement Agreement.pdf
Solid Waste and Recycling Issues Study Interim Final Report.pdf
termsecondamendmentRRBlitigation.doc
COMMUNITY DEVELOPMENT DIVISION
6. R-2018-326 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Renew The
Contracts With The Pool Of Qualified Contractors For Housing
Rehabilitation And Repair Services For Participants In The City Of
Hollywood’s Housing Rehabilitation Program In An Estimated Annual
Amount Of $700,000.00.
Attachments: Reso - General Contractors for Housing Programs - 11 Vendors First Renewal.docx
General Contractors Renewal Back-up.pdf
Packet_for_Bid_RFQ-4524-16-RL.pdf
termhousingrehabprogramcontractors2016.doc
BIS 18283.doc
ENGINEERING DIVISION
7. R-2018-327 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Execute A Highway Maintenance Memorandum Of Agreement With
The Florida Department Of Transportation Associated With The
Delivery Of Transit Improvements For Certain Projects Identified In The
Five-Year Adopted Work Program Which Fall Within The City Of
Hollywood’s Limits, More Specifically The Broward County Transit
Improvements Along US 1 (Specifically, The Bus Shelter At Northbound
US 1 And Coolidge Street). Financial Management Project No.
429575-2-52-01.
Attachments: EN18-169 US1 Transit Project.docReso_MOA.doc
MOA_SPECIALTY_BUS_SHELTERS_86_SR-5_US-1_HOLLYWOOD_FM_4295752.pdf
TermSheetFDOTMAINTENANCEMOACOOLIDGEBUSSHELTER2018.doc
BIS 18-285.doc
City of Hollywood Page 3
Regular City Commission Meeting Meeting Agenda - Final October 17, 2018
7A. R-2018-336 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Execute A Parklet Revocable License Agreement With Rosforsam,
Inc., D/B/A Mickey Byrnes, For Use Of The Public Right-Of-Way
Parking Space For Placement Of A Parklet Adjacent To The Property
Located At 1921 Hollywood Boulevard In The Estimated Amount Of
$4,320.00.
Attachments: EN19-002.docReso.doc
EN19-002 Parklet Revocable License-1921 Hollywood Blvd..docx
Parklet Plan and Site Plan.pdf
Certificate of Liability Ins.pdf
Term Sheet - Parklet Revocable License - Micky Byrnes.doc
BIS 19-016.doc
DEPARTMENT OF FIRE RESCUE & BEACH SAFETY
8. R-2018-328 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Apply For And If
Awarded, Accept The Department Of Homeland Security 2018
Assistance To Firefighters Grant In An Amount Not To Exceed
$1,500,000.00 To Purchase Fire Rescue Operational And/Or Training
Equipment; Authorizing The Expenditure Of Matching Funds In An
Amount Not To Exceed $150,000.00; Authorizing The Establishment Of
Certain Accounts To Recognize And Appropriate The Grant Funding, If
Awarded; And Amending the Fiscal Year 2019 Adopted Operating
Budget (R-2018-301).
Attachments: Res 2018 Assistance to Firefighters Grant.docx
2018 AFG Exhibit.pdf
BIS 18301.doc
9. R-2018-329 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Issue Purchase Orders With Keylite Power & Lighting Corporation To
Provide And Install Phoenix G2 Fire Station Fire Alerting Systems In
Fire Station #40, Fire Station #5, Fire Station #105, Fire Station #31,
Fire Station #74, And In The Training Facility In An Amount Not To
Exceed $800,000.00.
Attachments: Reso Keylite Fire Alarming System.doc
Term Sheet (Piggyback)Keylite.doc
BIS 19-002.docx
City of Hollywood Page 4
Regular City Commission Meeting Meeting Agenda - Final October 17, 2018
DEPARTMENT OF INFORMATION TECHNOLOGY
10. R-2018-330 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Execute The Attached 12 Month Agreement With Motorola Solutions,
Inc. For Subscriber Maintenance, Including Dispatch Service, Local
Repair, Onsite Response And Maintenance Of The Fire Alerting And
Radios For A One Year Term In The Estimated Amount Of
$184,260.00.
Attachments: Res Motorola Alerting & Subscriber Maintenance - 2018.doc
Motorola Agreement.pdf
Motorola Backup.pdf
termotorolapublicsafety.doc
BIS 18-292.doc
Requires A 5/7ths Vote
DEPARTMENT OF PUBLIC UTILITIES
11. R-2018-331 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Execute A Utility
Work By Highway Contractor Agreement With Florida Department Of
Transportation In The Lump Sum Amount Of $18,760.00 For The
Adjustment Of Utility Sewer Manholes And Water Valves On Park
Road, Fillmore Street, Polk Street And Van Buren Street (Project
Number: 18-5139).
Attachments: 01 Resolution - FDOT 2nd Agreement for Valve Manhole Adjustment.docx
02 Agreement - FDOT 2nd Agreement for Valve Manhole Adjustment.pdf
03 R-2018-200 - Executed (with contract & agreement attached).pdf
Term Sheet - FDOT - Utility Work by Highway Contractor Agreement- II.doc
BIS 19-003.doc
1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS
12. P-2018-063 Recognition Of The October 2018 Diamond Service Award Nominees
By The Diamond Service Award Selection Committee. Presentation Of
The October 2018 Diamond Service Award Recipient By The Diamond
Service Award Selection Committee. Presentation Of The October
2018 Service Awards By Jennifer Solinger, Human Resources
Administrator To 122 City And Five (5) CRA Employees In Recognition
Of Their Years Of Service.
13. P-2018-059 Presentation By Christopher Pratt, Fire Chief, On The Certificate Of
Personal Recognition To Darien Munoz.
Continued From The October 3, 2018 Meeting
City of Hollywood Page 5
Regular City Commission Meeting Meeting Agenda - Final October 17, 2018
1:15 PM TIME CERTAIN ITEM
14. 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: openempbuyservicesecrdg.doc
BIS 18-297.docx
Office of the City Attorney
Second Reading
Advertised Public Hearing
Requires A 5/7ths Vote
1:30 PM TIME CERTAIN ITEM
15. R-2018-332 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Endorsing The Pooches & Kitties In Hollywood, Inc. Program In
The City Of Hollywood.
Attachments: RESO - POOCHES AND KITTIES IN HOLLYWOOD INC - rev 1 (002).docx
Department of Public Works
QUASI-JUDICIAL ITEM(S)
(Rules of Procedure Attached to Agenda)
16. PO-2018-21 An Ordinance Of The City Of Hollywood, Florida, Changing The Zoning
Designation Of The Property Generally Located East Of Southwest
40th Avenue On Southwest 49th Court From C-3 (Medium Intensity
Commercial) To GU (Government Use); Amending The City’s Zoning
Map To Reflect The Change In Zoning Designation; And Providing For
An Effective Date. (18-PZ-48)
Attachments: 1848_Ordinance_2018_1017
EXHIBIT A.pdf
Attachment I.pdf
Attachment II.pdf
Planning Division
First Reading
17. R-2018-333 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Considering The Request For Site Plan For A Communication
Tower Located At 1200 Sheridan Street; And Providing For An
Effective Date.
Attachments: 1849_Resolution_2018_1017.docx
EXHIBIT A.pdf
EXHIBIT B.pdf
Attachment I.pdf
Planning Division
REGULAR AGENDA
18. P-2018-064 Presentation By Lorie Mertens-Black, Chief Civic Affairs Officer,
Providing An Update On Early Voting At City Hall.
Office of the City Manager
City of Hollywood Page 6
Regular City Commission Meeting Meeting Agenda - Final October 17, 2018
19. R-2018-334 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Repealing All Previous City Resolutions Pertaining To The
Policy And Procedures For Properties, Facilities, Parks, Streets And
Memorials; Approving A New Naming Policy And Procedures;
Approving Two Application Forms For Properties, Facilities, Parks,
Streets And Memorials, And Veteran’s Memorial Plaques; And
Providing For An Effective Date.
Attachments: res - Naming Policy - new 10-17-2018.doc
New Policy for Naming from final for agenda with redlined.doc
New Policy for Naming from final for agenda - total clean copy.doc
New Application for Naming of Prop Fac Parks St -for agenda.doc
New Application for Veterans Memorial Plaque-for agenda.doc
Office of the City Clerk
20. R-2018-335 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Execute An Agreement With The Free Ride For Circulator Services In
An Estimated Annual Amount Of $885,360.00.
Attachments: RESOCIRCULATORFP2018 DOC (2).docx
RFP Circulator 3 20 18-.pdf
RFP-4579-18-PB Oral Pres Meeting Notice 6-7-18.doc
Evaluation Spreadsheet.xlsx
Notice of Intent to Award.pdf
RFP-4579-18-The Free Ride.pdf
RFP-4579-18-Frebee .pdf
RFP-4579 18-Downtowner.pdf
RFP-4579-18-Swoop.pdf
RFP-4579-18-My City Way.pdf
RFP-4579-18-O-Cartz.docx
TERMSHEETCIRCULATOR2018RFP.DOC
BIS 19009.doc
Department of Development Services
21. 5:00 PM CITIZENS’ COMMENTS (Total Time 30 Minutes)
City of Hollywood Page 7
Regular City Commission Meeting Meeting Agenda - Final October 17, 2018
COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY
MANAGER
22. Vice Mayor Case, District 1
23. Commissioner Hernandez, District 2
24. Commissioner Callari, District 3
25. Commissioner Blattner, District 4
26. Commissioner Biederman, District 5
27. Commissioner Sherwood, District 6
28. Mayor Levy
29. City Attorney
30. City Manager
31. 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 8
Regular City Commission Meeting Meeting Agenda - Final October 17, 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 9
Regular City Commission Meeting Meeting Agenda - Final October 17, 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 10
Regular City Commission Meeting Meeting Agenda - Final October 17, 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 11
Regular City Commission Meeting Meeting Agenda - Final October 17, 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 12
Regular City Commission Meeting Meeting Agenda - Final October 17, 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 13
Regular City Commission Meeting Meeting Agenda - Final October 17, 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 14
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