Regular City Commission Meeting
Regular MeetingHollywood, FL · November 7, 2018
Minutes
City of Hollywood
Hollywood City Hall
2600 Hollywood Blvd
Hollywood, FL 33020
http://www.hollywoodfl.org
Meeting Minutes
Wednesday, November 7, 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 November 7, 2018
. The Regular City Commission Meeting of the City of Hollywood, Florida, was called to
order by Mayor Levy on Wednesday, November 7, 2018 at 1:42 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-2018-337 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Implement
A Settlement With Gwendolyn And Daniel Figueroa In The Amount Of
$190,000.00.
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-2018-338 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Consent To The
Assignment Of The FY 2018 Agreement With The Law Offices Of Paul T.
Ryder, Jr., P.A. To Weiss Serota Helfman Cole & Bierman, P.L. (“Weiss
Serota”); Authorizing The Appropriate City Officials To Execute The
Contract For Consulting/Professional Services With Weiss Serota For
Legal Services For FY 2019 In An Amount Not To Exceed $75,000.00.
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Regular City Commission Meeting Meeting Minutes November 7, 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-2018-339 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Supporting The Closure Of School Board Of Broward County Public
Schools On Election Day Or The Relocation Of Voting Precincts From
School Board Of Broward County Public Schools; And Providing For An
Effective Date.
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-2018-340 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving The Regular City Commission Meeting Minutes Of June 6,
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)
9. R-2018-341 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving The Regular City Commission Meeting Minutes Of June 20,
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)
11. R-2018-343 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Extend Blanket Purchase
Order B002718 Issued To MD Now Medical Centers, LLC For 90 Days,
Through January 31, 2019, At An Estimated Cost Of $20,000.00, For
Occupational Health Services.
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-2018-344 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Official to Execute A
Highway Maintenance Memorandum Of Agreement With The Florida
Department Of Transportation (FDOT) For The Construction Of Sidewalk
And Bicycle Lane Improvements By FDOT For Certain Projects Identified
In The Five-Year Adopted Work Program Which Fall Within The City’s
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Regular City Commission Meeting Meeting Minutes November 7, 2018
Jurisdictional Right Of Way, More Specifically; Park Road, 35th Avenue,
Polk Street, Rainbow Drive, Circle Drive, And Van Buren Street Bike
Lanes, And Other Mobility Improvements Project Nos. 431770-5-52-01
And 431770-5-52-02.
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)
13. R-2018-345 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute
The Attached Parklet Revocable License Agreement With Tipsy Joe
Corp., D/B/A Tipsy Boar, For Use Of The Public Right-Of-Way Parking
Space For Placement Of Parklet Seating Area Adjacent To The Property
Located At 1906 Harrison Street In The Estimated Amount Of $2,880.00.
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-2018-346 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute The Consultant’s
Authorization To Proceed No. 4 With Lakdas/Yohalem Engineering, Inc.
To Provide Additional Professional Engineering Services For Structural
Engineering For The Van Buren Parking Garage In An Estimated Lump
Sum Of $46,320.00; Approving An Amendment To The Fiscal Year 2019
Capital Improvement Program.
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-2018-347 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Apply For
And If Awarded, Accept The Florida Department Of Environmental
Protection Florida Resilient Coastlines Program Award, In A Total
Aggregate Amount Not To Exceed $619,675.00, To Implement
Resiliency Improvements At The Marina Boat Ramp, And If Successfully
Awarded, Committing The City To Fund $169,675.00 For Project;
Further Authorizing The Appropriate City Officials To Execute All
Applicable Program Documents; Amending the Fiscal Year 2019
Adopted Operating Budget Per Resolution R-2018-301 For the General
Capital Outlay Fund (Fund 34) if awarded.
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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-2018-349 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute
The Agreement Between The City And The Hollywood Art And Culture
Center, Inc., For The Purpose Of Coordinating And Managing Cultural
Arts Programming Services At Hollywood Central Performing Arts
Center In The Amount Of $70,000.00.
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-2018-350 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute
The Miscellaneous Appropriations Grant Agreement Between The City
And The Hollywood Art And Culture Center, Inc., For The Provision Of
Cultural Services Through Visual Arts, Performing Arts And Educational
Programming, In The Amount Of $100,000.00.
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-2018-351 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute All Applicable
Grant Documents And Agreements Required To Accept The Florida
Department Of Transportation Subgrant Under The Safety Office
Highway Safety Subgrant Program To Create An Initiative To Reduce
Traffic Accidents Involving Fatalities And Injuries By Conducting
Deliberate Enforcement Operations Targeting Speed And Aggressive
Driving In The Amount Of $40,000.00; Amending The Fiscal Year 2019
Adopted Operating Budget (R-2018-301) For The Police Grants Fund
(Fund 13).
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-2018-352 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Accept 2018 Justice
Assistance Grant Program Grant Funds Managed By The City Of
Pompano Beach In Order To Purchase A Fixed Mount ALPR Dual
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Regular City Commission Meeting Meeting Minutes November 7, 2018
Camera System And Associated Equipment In An Approximate Amount
Of $43,041.60; Further Authorizing Appropriate City Officials To Execute
All Applicable Grant Documents And Agreements; If Awarded, Amending
The Fiscal Year 2019 Adopted Operating Budget (R-2018-301) For The
Police Grants Fund (Fund 13).
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. R-2018-353 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Expenditure Of Federal (Justice) Law Enforcement
Forfeiture Funds Pursuant To The Federal Comprehensive Crime
Control Act Of 1984, To Provide Funding For Law Enforcement Training,
Law Enforcement Investigations (Inclusive Of Overtime, Confidential
Informant Fees), And The Acquisition Of Law Enforcement Equipment In
An Amount Not To Exceed $300,000.00; Amending The Fiscal Year
2019 Adopted Operating Budget Per Resolution R-2018-301 For The
Law Enforcement Forfeiture Fund (Fund 12).
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)
22. R-2018-354 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Expenditure Of Law Enforcement Forfeiture Funds
(Justice) For Costs Associated With Re-Accreditation Inspection In An
Amount Not To Exceed $12,395.00; Amending The Fiscal Year 2019
Adopted Operating Budget (R-2018-301) For The Law Enforcement
Forfeiture Fund (Fund 12).
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)
23. R-2018-355 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 Airgas Inc. For Liquid Oxygen For An Estimated
Annual Expenditure Of $291,450.00.
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)
24. R-2018-356 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute The Attached
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Authorization To Proceed For Work Order Number LH-19-01 With
Lighthouse Utility Consulting, Inc. For The Development Of FY 2018
Large User True-Up Related Reports And FY 2020 Large User Rate
Estimate, In The Amount Of $67,320.00. (Project No. 18-1326A).
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)
25. R-2018-357 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Issue A
Blanket Purchase Order To Rehrig Pacific Company For The Purchase
Of 95 Gallon Refuse Collection Carts And 95 Gallon Recycling Collection
Carts And Accessories For An Estimated Annual Expenditure Of
$185,500.00.
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)
27. PO-2018-13 An Ordinance Of The City Of Hollywood, Florida, Repealing Chapter
109a Of The Code Of Ordinances Entitled “Medical Marijuana
Businesses”. (18-T-29)
Deandrea Moise, Planning Administrator, 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; there
being no one present who wished to speak, the public hearing was
declared closed.
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 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
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Enactment No: O-2018-16
28. PO-2018-14 An Ordinance Of The City Of Hollywood, Florida, Amending Article 2 Of
The Zoning And Land Development Regulations, Entitled “Definitions”,
By Amending Section 2.2 “Terms Defined” By Revising The Definition Of
Pharmacy To Include A Medical Marijuana Treatment Center Dispensing
Facility; Defining A Medical Marijuana Treatment Center Dispensing
Facility; Amending Article 3 Section 3.23 “Distance Separation
Requirements” To Provide For The Separation Of Treatment Center
Dispensing Facilities From Schools; And Providing For An Effective
Date. (18-T-30)
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.
The City Clerk read the ordinance title on second and final reading.
ACTION: Motion was made by Vice Mayor Case, which was
seconded by Commissioner Callari, 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-2018-17
26. P-2018-065 A Proclamation In Recognition Of Veterans Day, November 11, 2018.
Commissioner Blattner read the proclamation in recognition of Veterans
Day, November 11, 2018.
Mick Pacheco, U.S. Army Private 1st Class; Charles Ibanez, U.S. Army
Specialist 4th Class; Mary Umholtz, U.S. Army Specialist 4th Class;
Richard Snyder, U.S. Air Force Tech Sergeant; and Bruce Whalen, U.S.
Air Force Staff Sergeant, accepted the proclamation and thanked the
Commission for the recognition.
29. PO-2018-18 An Ordinance Of The City Of Hollywood, Florida, Amending Section
157.78 Of The Code Of Ordinances, Entitled “Minimum Maintenance
Standards”, To Repeal The Regulations Relating To Provisional Parking
Lots Within The Downtown And Beach Districts Of The Community
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Redevelopment Agency. (18-T-55)
Leslie Del Monte, Planning Manager, explained the intent of the
ordinance.
The Mayor announced the ordinance was advertised in conformance with
Florida Statutes and City Codes and opened the public hearing. Debbie
Orshefsky, Holland and Knight, expressed personal opinions /concerns.
There being no one further who wished to speak, the public hearing was
declared closed.
Discussion ensued among staff and members of the Commission.
Shiv Newaldess, Director of Development Services, provided additional
information.
Douglas Gonzales, City Attorney, provided additional information.
Extensive 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 Callari, to adopt on second and
final reading the Ordinance with an exception to allow the Scott
Street parking lot to operate for up to 2 years, or until the Nevada
Street Garage is completed, with a 90 day wind down; on the
condition that they do not boot or tow from that parking lot, if they
violate the conditions of booting ot towing, the lot must shut down
within 30 days. The motion on roll call vote carried:
Aye: Vice Mayor Case
Commissioner Hernandez
Commissioner Callari
Commissioner Blattner
Commissioner Biederman
Commissioner Sherwood
Mayor Levy
Enactment No: O-2018-18
39. R-2018-363 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute An
Interlocal Agreement With The Hollywood Community Redevelopment
Agency Regarding The Sale Of Property To Pinnacle At Peacefield, Ltd.;
Amending The Fiscal Year 2019 Adopted Operating Budget Per
Resolution R-2018-301.
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Clay Milan, Community Development Manager, provided a presentation
on the intent of the resolution.
ACTION: Motion was made by Commissioner Hernandez, which
was seconded by Commissioner Callari, to adopt the Resolution.
On a voice vote the motion passed unanimously. (7-0)
40. R-2018-364 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute A Funding
Agreement With Pinnacle At Peacefield, Ltd. To Provide Home And
Neighborhood Stabilization 1 Program Funds And City Remaining Loan
Funds In The Total Amount Of $578,000.00, Along With Subordination
Agreements And Associated Documents Necessary To Facilitate
Development Of The Pinnacle At Peacefield Affordable Housing Project
For Seniors On Adams Street.
ACTION: Motion was made by Commissioner Hernandez, which
was seconded by Commissioner Callari, to adopt the Resolution.
On a voice vote the motion passed unanimously. (7-0)
30. 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)
The City Attorney explained the quasi-judicial procedures were
previously properly waived and the item will continue today as being
waived.
Andria Wingett, Assistant Director of Development Services, explained
the intent of the ordinance.
Tracey Jackson, Broward County, Director of Regional Services and
Emergency Communications, explained the proposed project site.
Jose Dezayas, Broward County Emergency Communications, provided
additional information.
Discussion ensued among staff, Broward County representatives, and
members of the Commission.
Mayor Levy 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. Rami Dahari, 3800 Griffin Road
2. Anne Adelman, 3826 SW 50 Street
Being there was no one further who wished to speak, the public hearing
was declared closed.
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.
Commissioner Blattner left the meeting at 3:31 PM and returned at 3:33
PM.
The City Clerk read the title of the ordinance on second and final reading.
ACTION: Motion was made by Commissioner Hernandez, which
was seconded by Vice Mayor Case, to adopt the Ordinance. The
motion on roll call vote carried:
Aye: Vice Mayor Case
Commissioner Hernandez
Commissioner Blattner
Commissioner Biederman
Mayor Levy
Nay: Commissioner Callari
Commissioner Sherwood
Enactment No: O-2018-19
31. R-2018-358 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Considering The Request For Site Plan For A Communication Tower
Generally Located East Of Southwest 40th Avenue On Southwest 49th
Court As More Specifically Described In Exhibit “A”; And Providing An
Effective Date. (18-PZ-48)
Douglas Gonzales, City Attorney, stated the quasi-judicial procedures
were previously properly waived.
Jose Dezayas, Broward County Emergency Communications, provided
information on the project.
Leslie Del Monte, Planning Manager, provided additional information.
Rami Dahari, 3800 Griffin Road, expressed personal opinions/concerns.
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Regular City Commission Meeting Meeting Minutes November 7, 2018
Discussion ensued among members of the Commission.
Tracey Jackson, Broward County, Director of Regional Services,
responded to questions raised by the Commission.
Discussion ensued among staff and members of the Commission.
Commissioner Hernandez left the meeting at 3:49 PM.
ACTION: Motion was made by Commissioner Blattner, which was
seconded by Commissioner Biederman, to adopt the Resolution
with an amendment conditioning the site plan approval to require
a berm with the tree caliper requirement to be increased from 2
inches to 4 inches. On a voice vote the motion passed 6-0.
Commissioner Hernandez was absent.
32. 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)
Commissioner Hernandez returned to the meeting at 3:53 PM.
Commissioner Sherwood left the meeting at 3:54 PM.
Douglas Gonzales, City Attorney, explained the quasi-judicial procedures
were previously properly waived.
Tracey Jackson, Broward County, Director of Regional Services,
provided a presentation on the proposed project and the alternative sites
considered.
Commissioner Sherwood returned to the meeting at 4:00 PM.
Commissioner Callari left the meeting at 4:00 PM and returned at 4:03
PM.
Commissioner Biederman left the meeting at 4:01 PM and returned at
4:03 PM.
Andria Wingett, Assistant Director of Development Services, provided
additional information on the alternative site in consideration.
Discussion ensued among staff and members of the Commission.
Dr. Wazir Ishmael, City Manager, provided additional information.
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ACTION: Motion was made by Commissioner Callari, which was
seconded by Mayor Levy, to continue the Resolution to the
December 19, 2018 Regular Commission Meeting, in the meantime
to consider the CIRC building site with a full engineering study.
On a voice vote the motion passed unanimously. (7-0)
Vice Mayor Case left the meeting at 4:40 PM.
The Commission recessed at 4:41 PM and reconvened at 4:49 PM with
all members of the Commission present.
33. PO-2018-22 An Ordinance Of The City Of Hollywood, Florida, Amending The Zoning
And Land Development Regulations By Amending Article 2 Entitled
“Definitions” And By Repealing And Replacing Article 8 Entitled “Sign
Regulations;” And Providing For Severability, Inclusion In The Code, And
For Conflicts. (18-T-02)
ACTION: Motion was made by Commissioner Hernandez, which
was seconded by Commissioner Callari, to continue the
Ordinance to the January 16, 2019 Regular Commission Meeting.
On a voice vote the motion passed unanimously. (7-0)
34. P-2018-066 Presentation By Commissioner Traci Callari And The Youth
Ambassadors On Their Experience At The 2018 Florida League of
Cities Annual Conference And Program Updates.
Due to time constriants, the presentation will be rescheduled.
34A. R-2018-366 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving The “58 Oak” Plat, Being In The City Of Hollywood, Broward
County, Florida, And Generally Located On The South East Corner Of
Stirling Road And North 58th Avenue. (P-18-02).
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 announced a conflict of interest as a family
member of his is involved and stepped off the dais.
Commissioner Blattner left the meeting at 4:54 PM.
Luis Lopez, City Engineer, explained the intent of the resolution.
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Regular City Commission Meeting Meeting Minutes November 7, 2018
Discussion ensued among staff and members of the Commission.
ACTION: Motion was made by Commissioner Callari, which was
seconded by Commissioner Biederman, to adopt the Resolution.
On a voice vote the motion passed 6-0. Commissioner Blattner
abstained.
35. R-2018-359 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute An Amendment To
The Employment Agreement Between The City Attorney And The City.
Commissioner Blattner returned to the meeting at 4:59 PM.
Douglas Gonzales, City Attorney, explained the intent of the resolution, he
stated the issue with his life insurance.
Tammie Hechler, Director of Human Resources, explained the life
insurance policies for the contract employees,
Discussion ensued among staff and members of the Commission.
ACTION: Motion was made by Commissioner Biederman, which
was seconded by Commissioner Sherwood, to adopt the
Resolution with an amendment to approve a 3% increase in base
pay retroactive from October 1st, and an increase of $214.00 for
life insurance premium. On a voice vote the motion passed
unanimously. (7-0)
36. R-2018-360 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute An Amendment To
The Employment Agreement Between The City Manager And The City.
Dr. Wazir Ishmael, City Manager, reviewed the accomplishments of the
past year and the goals for the forthcoming year.
ACTION: Motion was made by Commissioner Callari, which was
seconded by Vice Mayor Case, to adopt the Resolution with a 3%
increase in base pay retroactive from October 1st. On a voice vote
the motion passed unanimously. (7-0)
37. R-2018-361 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Bind The Renewal Policies
For Primary And Excess Property Insurance, Public Officials’ Liability
Insurance, Boiler And Machinery Insurance, And Terrorism Insurance For
A Not To Exceed Amount Of $1,881,263.00, For Which Quotes Were
Solicited By Arthur J. Gallagher Risk Management Services.
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ACTION: Motion was made by Commissioner Callari, which was
seconded by Vice Mayor Case, to adopt the Resolution. On a
voice vote the motion passed unanimously. (7-0)
38. R-2018-362 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Apply For
And If Awarded, Accept The Broward Metropolitan Planning
Organization’s Complete Streets And Other Localized Initiatives
Program Award, In A Total Aggregate Amount Not To Exceed
$6,000,000.00 To Implement Three Complete Street And Other
Localized Initiatives Projects Filling In Sidewalk Networks And Other
Pedestrian Safety Improvements Along City Maintained Local Streets
Within The Following Areas: Johnson Street Mobility And Pedestrian
Safety Improvements, N. 35th Avenue To N. 14th Avenue; North 22nd
Avenue Complete Streets From Sheridan Street To S.W. 2nd Place
(Co-Applicant With The City Of Dania Beach); And Sidewalk
Construction Infill In The Area Bordered By State Road 7 To The West, N.
56th Avenue To The East, Taft Street To The South, And Sheridan Street
To The North (West Park Road E Of SR 7 Sidewalk Network), Segments
Infill N. 64th Avenue And Sheridan Street, And If Awarded, Committing
The City To Fund $720,000.00 Or 12% Of Total Cost For Project
Contingencies For The Projects Together With The Applicable Operating
And Maintenance Costs Once Complete; Further Authorizing
Appropriate City Officials To Execute All Applicable Program
Documents And Agreement(s).
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)
41. R-2018-365 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Considering A Consent Decree Settlement With Greenbriar
Apartment/Motel, Inc.
ACTION: Motion was made by Commissioner Hernandez, which
was seconded by Commissioner Callari, to continue the
Resolution to the December 5, 2018 Regular Commission Meeting.
On a voice vote the motion passed unanimously. (7-0)
10. R-2018-342 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute A Contract with
Hazen And Sawyer To Provide Professional Design/Engineering For A
Citywide Vulnerability And Adaptation Plan In An Amount Not To Exceed
$109,327.00.
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Discussion ensued among members of the Commission.
ACTION: Motion was made by Vice Mayor Case, which was
seconded by Commissioner Sherwood, to adopt the Resolution.
On a voice vote the motion passed unanimously. (7-0)
16. R-2018-348 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Issue The Attached Blanket
Purchase Order Renewing The Agreement With Laz Florida Parking,
LLC. For Cashiering Services For An Estimated Annual Expenditure Of
$275,750.40.
Discussion ensued among members of the Commission.
Hal King, Parking Services Director, explained the intent of the resolution
and responded to questions raised by the Commission.
Discussion ensued among staff and members of the Commission.
ACTION: Motion was made by Commissioner Hernandez, which
was seconded by Commissioner Biederman, to adopt the
Resolution. On a voice vote the motion passed 6-1. Mayor Levy
was opposed.
42. Commissioner Hernandez, District 2
Happy Thanksgiving
Commissioner Hernandez wished everyone a happy Thanksgiving.
Police Presence
Commissioner Hernandez stated in the downtown there was a deadly
shooting this past weekend. Off duty detail officers only handle their
specific detail and he requested staff to re-analyze what is happening in
the downtown at peak hours and possibly adjust Police Officer presence.
330 Federal Highway /Chamber of Commerce
Commissioner Hernandez requested Commission approval to have staff
look into the coding for the Chamber of Commerce building at 330
Federal Highway as they are not paying the fire assessment fee .
Commissioner Callari and Commissioner Biederman supported the
request.
Alan Fallik, Deputy City Attorney, read the definition of fire assessment
and explained the difference between fire inspection fee and fire
assessment fee.
City of Hollywood Page 15
Regular City Commission Meeting Meeting Minutes November 7, 2018
43. Commissioner Callari, District 3
Election
Commissioner Callari thanked the voters who re-elected her.
Johnson Street
Commissioner Callari announced tomorrow evening between 6:00 PM
and 8:00 PM at the Dr. Martin Luther King Jr., Community Center there
will be a discussion about improvements to Johnson Street and traffic.
Commissioner Callari stated the business owners on Johnson Street
between N 57th Avenue and 441 are suffering because of the road
construction.
CRA
Commissioner Callari stated the CRA is a gift and is temporary for a
reason. The Commission needs to be creative on decisions being made
for the future. The City needs to be careful what is said on the dais and
how it is interpreted by the residents.
Congratulated
Commissioner Callari congratulated the City Manager, City Attorney and
the CRA Executive Director on their achievement and future goals.
44. Commissioner Blattner, District 4
Street Renaming
Commissioner Blattner stated during the decisions on street renaming,
he spoke on wanting to stop renaming streets. Commissioner Blattner
spoke about the Renaming Policy being withdrawn from the October
agenda. Commissioner Blattner asked for support to eliminate street
renaming from the Naming Policy.
Mayor Levy stated there are reasons to have a street renaming policy
and gave an example of a corporate naming for street names, and there
could be a stipulation for that reason.
Commissioner Callari stated she would not support the request as within
the last five years she asked for a moratorium which was denied by the
Commission.
Hollywood Marina
Commissioner Blattner stated the City applied for and received a grant
for the Hollywood Marina area, and he wants to see the City develop a
Marina Master Plan. The plan would address issues such as the slips
City of Hollywood Page 16
Regular City Commission Meeting Meeting Minutes November 7, 2018
not being wide enough, there is no 50 amp electric service, and the City
does not meter water and utility service. Right now the marina is an
underperforming asset.
Commissioner Blattner stated he wants to know what it would cost to hire
a consultant for the Master Plan. Commissioner Callari and
Commissioner Biederman supported the request.
Garage Sales/Flea Markets
Commissioner Blattner stated there are garage sales and flea markets
along 26th Avenue, and he asked if there is a distinction between flea
markets and garage sales.
45. Commissioner Biederman, District 5
Election
Commissioner Biederman thanked his wife, Donna, for campaigning and
organizing, and all the voters who voted for him. Commissioner
Biederman congratulated Caryl Shuman and Traci Callari for winning
their district races.
Thank You
Commissioner Biederman thanked the City Manager and departments
for their hard work, along with all the Police Officers and Firefighters.
Cody Street
Commissioner Biederman asked for staff to look into Cody Street and
70th Road, as the residents were promised that it would be widened to
two lanes. It is currently only one lane.
46. Commissioner Sherwood, District 6
Funding of Projects
Commissioner Sherwood stated she is happy about the passage of the
County Transportation Tax, along with the passage of the ILA agreement
with the County and the CRA. The City will now have funds for projects in
West Hollywood.
Soccer Fields
Commissioner Sherwood stated that Dowdy Field is not large enough
and the City needs to look for more space for soccer. She suggested
the City should consider using ECO Golf Course for additional soccer
fields.
Affordable Housing
City of Hollywood Page 17
Regular City Commission Meeting Meeting Minutes November 7, 2018
Commissioner Sherwood stated she is looking forward to having more
affordable housing especially on 441, and she read the Solving the
Home Affordability Crisis article the City Manager sent to the
Commission.
Thank You
Commissioner Sherwood thanked Vice Mayor Case for her service as
District 1 Commissioner.
47. Vice Mayor Case, District 1
Thank You
Vice Mayor Case showed a video and read a statement on her service
as District 1 Commissioner
Veterans day
Vice Mayor Case announced the Veterans Day picnic at TY Park on
November 11th.
48. Mayor Levy
Thank You
Mayor Levy thanked Vice Mayor Case for her service as District 1
Commissioner.
Congratulations
Mayor Levy congratulated Commissioner Callari and Commissioner
Biederman on their win, and also congratulated Caryl Shuham on her win
in District 1.
Neighborhood Traffic Safety
Mayor Levy stated the Miami Herald wrote an article on traffic calming, in
which there were lots of comments from the public on neighborhood
traffic safety.
General Obligation Bond (GO Bond)
Mayor Levy stated with the passing of the Transportation Tax, the
projects that were allocated in the GO Bond can now be eliminated, as
they will be paid for by the Transportation Tax funds.
Sidewalks
Mayor Levy stated with so many funding opportunities, the sidewalks
need repair and filling in the missing sidewalk network as funds are now
available. Mayor Levy stated on N 26th Avenue between Johnson Street
and City Hall the sidewalk is really bad due to all the tree roots.
City of Hollywood Page 18
Regular City Commission Meeting Meeting Minutes November 7, 2018
Mayor Levy stated at voting last night a resident came up and spoke
about the door hanger from the City on fixing his sidewalk or there would
be a $1,000.00 fine. The door hanger and message were not pleasant.
Mayor Levy asked that the door hanger be re-designed.
Street Lights
Mayor Levy stated the street lights are awesome, he loves them and is
looking forward to the next phase on the LED conversion.
2019 Year
Mayor Levy stated 2019 will be a good year as there is lots to do with the
GO Bond, ILA agreement and transportation tax.
49. City Attorney
Executive Session
Alan Fallik, Deputy City Attorney, announced pursuant to Florida Statutes
286.011(8)(a), an executive session would be held on November 21,
2018 at 11:00 AM regarding Greenbriar Apartment Motel, Inc., DuPont
Hollywood Ltd., Partnership, a Massachusetts Limited partnership;
DuPont Hollywood, L.L.C.. DuPont Family Properties L.L.C. and
Driftwood on the Ocean Corp., General partners vs. City of Hollywood
litigation. Attending the session will be the Mayor, Commissioners, City
Manager, City Attorney.
50. City Manager
City Manager
Dr. Wazir Ishmael, City Manager, stated he appreciates all the
confidence the Commission places in him.
Congratulations
Dr. Wazir Ishmael, City Manager, congratulated Commissioner
Biederman, Commissioner Calllari and Commissioner Elect Shuham on
being elected.
Thank You
Dr. Wazir Ishmael, City Manager, thanked Vice Mayor Case for her
service as District 1 Commissioner.
City of Hollywood Page 19
Regular City Commission Meeting Meeting Minutes November 7, 2018
51. The meeting adjourned at 6:30 PM.
______________________________
Patricia A. Cerny, MMC
City Clerk
Hollywood, Florida
Approved on:
______________________
City of Hollywood Page 20
Agenda
Regular City Commission Meeting
Wednesday, November 7, 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 November 7, 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 - Item - 26
1:15 PM - Items - 27 thru 28
1:30 PM - Item - 29
3:00 PM - Items - 30 thru 32
3:30 PM - Item - 33
4:00 PM - Item - 34
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 25)
If a citizen wishes to comment on a specific item, he/she should submit a comment card to the
City Clerk before the Commission approves the consent agenda.
OFFICE OF THE CITY ATTORNEY
5. R-2018-337 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Implement A Settlement With Gwendolyn And Daniel Figueroa In The
Amount Of $190,000.00.
Attachments: rsettlefigueroa.doc
BIS 19-015.docx
City of Hollywood Page 2
Regular City Commission Meeting Meeting Agenda - Final November 7, 2018
6. R-2018-338 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Consent To The
Assignment Of The FY 2018 Agreement With The Law Offices Of Paul
T. Ryder, Jr., P.A. To Weiss Serota Helfman Cole & Bierman, P.L.
(“Weiss Serota”); Authorizing The Appropriate City Officials To Execute
The Contract For Consulting/Professional Services With Weiss Serota
For Legal Services For FY 2019 In An Amount Not To Exceed
$75,000.00.
Attachments: raryderfy2018assignmentandfy2019rev.doc
aweissserotalaborfy19.doc
terweissserotalaborfy19.doc
BIS 19-018.docx
OFFICE OF THE CITY CLERK
7. R-2018-339 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Supporting The Closure Of School Board Of Broward County
Public Schools On Election Day Or The Relocation Of Voting Precincts
From School Board Of Broward County Public Schools; And Providing
For An Effective Date.
Attachments: Res - Support for Closing School Voting Precints.docx
8. R-2018-340 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving The Regular City Commission Meeting Minutes Of
June 6, 2018.
Attachments: Resolution - min- June 6, 2018
June 6 2018 minutes.pdf
9. R-2018-341 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving The Regular City Commission Meeting Minutes Of
June 20, 2018.
Attachments: Resolution - min- June 20, 2018
June 20 2018 minutes.pdf
Biederman conflict June 20 2018 item 19.pdf
Biederman conflict June 20 2018 item 20.pdf
OFFICE OF THE CITY MANAGER
10. R-2018-342 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Execute A
Contract with Hazen And Sawyer To Provide Professional
Design/Engineering For A Citywide Vulnerability And Adaptation Plan
In An Amount Not To Exceed $109,327.00.
Attachments: Reso Hazen Sawyer Contract (002).doc
CM 18-013 Professional Services Agreement_.docx
Hollywood Adaptation Plan Revised Hours JJP-GR.pdf
Attachment A_Scope of Work_City of Hollywood 10-16-18 Draft Final.docx
BIS 19-023.doc
City of Hollywood Page 3
Regular City Commission Meeting Meeting Agenda - Final November 7, 2018
OFFICE OF HUMAN RESOURCES
11. R-2018-343 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Extend Blanket
Purchase Order B002718 Issued To MD Now Medical Centers, LLC
For 90 Days, Through January 31, 2019, At An Estimated Cost Of
$20,000.00, For Occupational Health Services.
Attachments: RESO MD NOW.DOCX
B002718 MD Now 90 day.pdf
PR-18-205 MD Medical Center.pdf
teroccupationalhealth.doc
BIS 19-007.docx
ENGINEERING DIVISION
12. R-2018-344 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Official to
Execute A Highway Maintenance Memorandum Of Agreement With
The Florida Department Of Transportation (FDOT) For The
Construction Of Sidewalk And Bicycle Lane Improvements By FDOT
For Certain Projects Identified In The Five-Year Adopted Work
Program Which Fall Within The City’s Jurisdictional Right Of Way, More
Specifically; Park Road, 35th Avenue, Polk Street, Rainbow Drive,
Circle Drive, And Van Buren Street Bike Lanes, And Other Mobility
Improvements Project Nos. 431770-5-52-01 And 431770-5-52-02.
Attachments: En18-168 Park Rd. Mobility Project.docReso_MOA.doc
431770-5_HMMOA (Legal Reviewed).pdf
TermSheetFDOTHIGHWAYMAINTAGSIDEWALKBICYLANE2018
BIS 18-299.doc
13. R-2018-345 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Execute The Attached Parklet Revocable License Agreement With
Tipsy Joe Corp., D/B/A Tipsy Boar, For Use Of The Public
Right-Of-Way Parking Space For Placement Of Parklet Seating Area
Adjacent To The Property Located At 1906 Harrison Street In The
Estimated Amount Of $2,880.00.
Attachments: EN19-003.docReso.doc
EN19-003 Parklet Revocable License-1906 Harrison St.docx
Survey Tipsy Boar.pdf
insurance
Term Sheet - Parklet Revocable License - Tipsy Boar.doc
BIS 19-017.docx
City of Hollywood Page 4
Regular City Commission Meeting Meeting Agenda - Final November 7, 2018
14. R-2018-346 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Execute The
Consultant’s Authorization To Proceed No. 4 With Lakdas/Yohalem
Engineering, Inc. To Provide Additional Professional Engineering
Services For Structural Engineering For The Van Buren Parking
Garage In An Estimated Lump Sum Of $46,320.00; Approving An
Amendment To The Fiscal Year 2019 Capital Improvement Program.
Attachments: RES LADKAS #4- Van Buren ATP .doc
Copy of Exhibit A Van Buren 2018.pdf
ATP#4.pdf
Term Sheet - Lakdas-Yohalem Engineering ATP No. 4.doc
BIS 19-019.doc
15. R-2018-347 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Apply For And If Awarded, Accept The Florida Department Of
Environmental Protection Florida Resilient Coastlines Program Award,
In A Total Aggregate Amount Not To Exceed $619,675.00, To
Implement Resiliency Improvements At The Marina Boat Ramp, And If
Successfully Awarded, Committing The City To Fund $169,675.00 For
Project; Further Authorizing The Appropriate City Officials To Execute
All Applicable Program Documents; Amending the Fiscal Year 2019
Adopted Operating Budget Per Resolution R-2018-301 For the
General Capital Outlay Fund (Fund 34) if awarded.
Attachments: Revised Resolution FDEP Marina Boat Ramp .doc
Exhibit 1 Boat Ramp Grant.pdf
FDEP Grant Application.docx
COH Marina Boat Launch Resiliency Project Cover Letter_.pdf
Copy of FDEP Marina Boat Ramp Copy of Budget-Cost Analyst Form - Template 10.24.18.xlsx
Copy of MARINA BOAT RAMP ESTIMATE10.12.18.pdf
PROPOSED-Model.pdf
BIS 19-025.doc
PARKING DIVISION
16. R-2018-348 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Issue The
Attached Blanket Purchase Order Renewing The Agreement With Laz
Florida Parking, LLC. For Cashiering Services For An Estimated
Annual Expenditure Of $275,750.40.
Attachments: Res Laz Florida Parking 2018 1st Renewal.doc
Laz Florida Parking BPO.pdf
Laz Florida Parking Backup.pdf
Term Sheet - LAZ Florida Parking.doc
BIS 19-001.docx
City of Hollywood Page 5
Regular City Commission Meeting Meeting Agenda - Final November 7, 2018
DEPARTMENT OF PARKS, RECREATION & CULTURAL ARTS
17. R-2018-349 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Execute The Agreement Between The City And The Hollywood Art And
Culture Center, Inc., For The Purpose Of Coordinating And Managing
Cultural Arts Programming Services At Hollywood Central Performing
Arts Center In The Amount Of $70,000.00.
Attachments: Reso HACCHCPAC2018-$70K
HACC-HCPACAGR_2018-$70K
Term Sheet - Art and Culture Center - $70,000.doc
BIS 19-014.doc
Requires A 5/7ths Vote
18. R-2018-350 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Execute The Miscellaneous Appropriations Grant Agreement Between
The City And The Hollywood Art And Culture Center, Inc., For The
Provision Of Cultural Services Through Visual Arts, Performing Arts
And Educational Programming, In The Amount Of $100,000.00.
Attachments: Reso $100K ARTCULTURECENTER 2018-2019
HACC Misc App Agrmnt 2018_100k
Term Sheet - Art and Culture Center - Misc. Appropriations -$100,000.doc
BIS 19-013.doc
POLICE DEPARTMENT
19. R-2018-351 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Execute All
Applicable Grant Documents And Agreements Required To Accept
The Florida Department Of Transportation Subgrant Under The Safety
Office Highway Safety Subgrant Program To Create An Initiative To
Reduce Traffic Accidents Involving Fatalities And Injuries By
Conducting Deliberate Enforcement Operations Targeting Speed And
Aggressive Driving In The Amount Of $40,000.00; Amending The
Fiscal Year 2019 Adopted Operating Budget (R-2018-301) For The
Police Grants Fund (Fund 13).
Attachments: Resolution for Subgrant Agreement.doc
Exhibit 1.pdf
Speed and Aggressive Driving Subgrant Agreement.pdf
BIS 18300.doc
City of Hollywood Page 6
Regular City Commission Meeting Meeting Agenda - Final November 7, 2018
20. R-2018-352 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Accept 2018
Justice Assistance Grant Program Grant Funds Managed By The City
Of Pompano Beach In Order To Purchase A Fixed Mount ALPR Dual
Camera System And Associated Equipment In An Approximate
Amount Of $43,041.60; Further Authorizing Appropriate City Officials
To Execute All Applicable Grant Documents And Agreements; If
Awarded, Amending The Fiscal Year 2019 Adopted Operating Budget
(R-2018-301) For The Police Grants Fund (Fund 13).
Attachments: Resolution.doc
Exhibit 1 - 2018 JAG.pdf
Application Backup.pdf
Award Information.pdf
BIS 19006.doc
21. R-2018-353 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Expenditure Of Federal (Justice) Law
Enforcement Forfeiture Funds Pursuant To The Federal
Comprehensive Crime Control Act Of 1984, To Provide Funding For
Law Enforcement Training, Law Enforcement Investigations (Inclusive
Of Overtime, Confidential Informant Fees), And The Acquisition Of Law
Enforcement Equipment In An Amount Not To Exceed $300,000.00;
Amending The Fiscal Year 2019 Adopted Operating Budget Per
Resolution R-2018-301 For The Law Enforcement Forfeiture Fund
(Fund 12).
Attachments: Resolution.doc
Exhibit 1.pdf
BIS 19005.doc
22. R-2018-354 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Expenditure Of Law Enforcement Forfeiture
Funds (Justice) For Costs Associated With Re-Accreditation
Inspection In An Amount Not To Exceed $12,395.00; Amending The
Fiscal Year 2019 Adopted Operating Budget (R-2018-301) For The
Law Enforcement Forfeiture Fund (Fund 12).
Attachments: LEFF re-accreditation reso.docx
Exhibit 1.pdf
BIS 19022.doc
City of Hollywood Page 7
Regular City Commission Meeting Meeting Agenda - Final November 7, 2018
DEPARTMENT OF PUBLIC UTILITIES
23. R-2018-355 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 Airgas Inc. For Liquid Oxygen
For An Estimated Annual Expenditure Of $291,450.00.
Attachments: 01 - Resolution - Airgas BPO B003189 for Liquid Oxygen.doc
B003189 Airgas USA.pdf
F-4594-18-RL Bid Tabulation.pdf
Packet_for_Bid_F-4594-18-RL.pdf
Term Sheet - Airgas Inc. - Liquid Oxygen.doc
BIS 19-004.doc
24. R-2018-356 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Execute The
Attached Authorization To Proceed For Work Order Number LH-19-01
With Lighthouse Utility Consulting, Inc. For The Development Of FY
2018 Large User True-Up Related Reports And FY 2020 Large User
Rate Estimate, In The Amount Of $67,320.00. (Project No. 18-1326A).
Attachments: 01 Resolution - Lighthouse Utility FY18 LU True-Up & FY20 LU Rate Estimate.docx
ATP - LH-19-01 Development of FY2018 LU True-Up Related Reports & FY2020 LU Rate Estima
Jonathan Varnes Proof Of Auto Coverage - Driver - 01-30-2018.pdf
Lighthouse - Contract Renewal 11-16-2018 to 11-15-2021.pdf
Lighthouse Proposal for FY 18 Large User True Up Activities 09.05.18.pdf
Lighthouse Utility - Certificate of Liability Insurance_ 02-01-2018 to 02-01-2019.pdf
Lighthouse Workers Comp Exemption Letter_ 01-30-2018.pdf
R-2015-250 Rate Consulting-RFQ-4464-15-RL Signed 8-26-2015 .pdf
R-2017-321 Lighthouse Utility - Development of FY17 LU True-Up Related Reports & FY19 LU R
TERMSHEETLIGHTHOUSEUTILITYCONSULTATP208RATESREPORT.DOC
BIS 19-012.doc
DEPARTMENT OF PUBLIC WORKS
25. R-2018-357 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Issue A Blanket Purchase Order To Rehrig Pacific Company For The
Purchase Of 95 Gallon Refuse Collection Carts And 95 Gallon
Recycling Collection Carts And Accessories For An Estimated Annual
Expenditure Of $185,500.00.
Attachments: RESO RehrigPacificCarts.docx
B003191 Rehrig Pacific Initial Term.pdf
Piggybacking Request Form.pdf
Miami Dade Amendments.pdf
Miami Dade County Agreement.pdf
Miami Dade RFP Solicitation.pdf
TermSheetRehrigCarts2018.doc
BIS 19-008.docx
1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS
26. P-2018-065 A Proclamation In Recognition Of Veterans Day, November 11, 2018.
Attachments: Veterans Day Nov 2018.doc
City of Hollywood Page 8
Regular City Commission Meeting Meeting Agenda - Final November 7, 2018
1:15 PM TIME CERTAIN ITEM(S)
27. PO-2018-13 An Ordinance Of The City Of Hollywood, Florida, Repealing Chapter
109a Of The Code Of Ordinances Entitled “Medical Marijuana
Businesses”. (18-T-29)
Attachments: ORDINANCE.doc
ATTACHMENT I.pdf
ATTACHMENT II.pdf
Planning Division
Second Reading
No Changes Since First Reading
Advertised Public Hearing
28. PO-2018-14 An Ordinance Of The City Of Hollywood, Florida, Amending Article 2 Of
The Zoning And Land Development Regulations, Entitled “Definitions”,
By Amending Section 2.2 “Terms Defined” By Revising The Definition
Of Pharmacy To Include A Medical Marijuana Treatment Center
Dispensing Facility; Defining A Medical Marijuana Treatment Center
Dispensing Facility; Amending Article 3 Section 3.23 “Distance
Separation Requirements” To Provide For The Separation Of
Treatment Center Dispensing Facilities From Schools; And Providing
For An Effective Date. (18-T-30)
Attachments: ORDINANCE.doc
ATTACHMENT I.pdf
Planning Division
Second Reading
No Changes Since First Reading
Advertised Public Hearing
1:30 PM TIME CERTAIN ITEM
29. PO-2018-18 An Ordinance Of The City Of Hollywood, Florida, Amending Section
157.78 Of The Code Of Ordinances, Entitled “Minimum Maintenance
Standards”, To Repeal The Regulations Relating To Provisional
Parking Lots Within The Downtown And Beach Districts Of The
Community Redevelopment Agency. (18-T-55)
Attachments: 1855_CC_Ordinance_ProvisionalParkingRepeal_2018_0905
Planning Division
Second Reading
No Changes Since First Reading
Advertised Public Hearing
City of Hollywood Page 9
Regular City Commission Meeting Meeting Agenda - Final November 7, 2018
3:00 PM QUASI-JUDICIAL ITEM(S)
(Rules of Procedure Attached to Agenda)
30. 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
Second Reading
No Changes Since First Reading
Advertised Public Hearing
31. R-2018-358 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Considering The Request For Site Plan For A Communication
Tower Generally Located East Of Southwest 40th Avenue On
Southwest 49th Court As More Specifically Described In Exhibit “A”;
And Providing An Effective Date. (18-PZ-48)
Attachments: 1848_Resolution_2018_1107.docx
EXHIBIT A.pdf
EXHIBIT B.pdf
Planning Division
32. 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. (18-P-49)
Attachments: 1849_Resolution_2018_1017.docx
EXHIBIT A.pdf
EXHIBIT B.pdf
Attachment I.pdf
Planning Division
Continued From The October 17, 2018 Meeting
3:30 PM TIME CERTAIN ITEM
33. PO-2018-22 An Ordinance Of The City Of Hollywood, Florida, Amending The Zoning
And Land Development Regulations By Amending Article 2 Entitled
“Definitions” And By Repealing And Replacing Article 8 Entitled “Sign
Regulations;” And Providing For Severability; Providing For Inclusion In
The Code; Providing For Conflicts; And Providing For An Effective
Date. (18-T-02)
Staff Recommends Continuance To January 16, 2019 Meeting
First Reading
Advertised Public Hearing
City of Hollywood Page 10
Regular City Commission Meeting Meeting Agenda - Final November 7, 2018
4:00 PM TIME CERTAIN ITEM
34. P-2018-066 Presentation By Commissioner Traci Callari And The Youth
Ambassadors On Their Experience At The 2018 Florida League of
Cities Annual Conference And Program Updates.
QUASI-JUDICIAL ITEM
(Rules of Procedure Attached to Agenda)
34A. R-2018-366 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving The “58 Oak” Plat, Being In The City Of Hollywood,
Broward County, Florida, And Generally Located On The South East
Corner Of Stirling Road And North 58th Avenue. (P-18-02).
Attachments: EN19-008 Reso-Oak 58 Plat.doc
Exhibit A Oak 58 Plat.pdf
EN19-008 Exhibit B- Broward County Development Review Report.pdf
EN19-008 Oak 58 Plat Site Plan.pdf
Engineering Division
REGULAR AGENDA
35. R-2018-359 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Execute An
Amendment To The Employment Agreement Between The City
Attorney And The City.
Attachments: R-CA-EVALU.doc
CA Overview 2018.docx
City Attorney.pdf
Office of the City Attorney
36. R-2018-360 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Execute An
Amendment To The Employment Agreement Between The City
Manager And The City.
Attachments: R-CM-EVALU.doc
2018 Accomplishments FINAL-web.pdf
City Manager.pdf
Office of the City Manager
37. R-2018-361 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Bind The
Renewal Policies For Primary And Excess Property Insurance, Public
Officials’ Liability Insurance, Boiler And Machinery Insurance, And
Terrorism Insurance For A Not To Exceed Amount Of $1,881,263.00,
For Which Quotes Were Solicited By Arthur J. Gallagher Risk
Management Services.
Attachments: Resolution Renewal of Various Insurance Products.doc
Back up for Renewal of Various Insurance Products.pdf
terinsprev.doc
BIS 19-011R.docx
Office of Human Resources
City of Hollywood Page 11
Regular City Commission Meeting Meeting Agenda - Final November 7, 2018
38. R-2018-362 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Apply For And If Awarded, Accept The Broward Metropolitan Planning
Organization’s Complete Streets And Other Localized Initiatives
Program Award, In A Total Aggregate Amount Not To Exceed
$6,000,000.00 To Implement Three Complete Street And Other
Localized Initiatives Projects Filling In Sidewalk Networks And Other
Pedestrian Safety Improvements Along City Maintained Local Streets
Within The Following Areas: Johnson Street Mobility And Pedestrian
Safety Improvements, N. 35th Avenue To N. 14th Avenue; North 22nd
Avenue Complete Streets From Sheridan Street To S.W. 2nd Place
(Co-Applicant With The City Of Dania Beach); And Sidewalk
Construction Infill In The Area Bordered By State Road 7 To The West,
N. 56th Avenue To The East, Taft Street To The South, And Sheridan
Street To The North (West Park Road E Of SR 7 Sidewalk Network),
Segments Infill N. 64th Avenue And Sheridan Street, And If Awarded,
Committing The City To Fund $720,000.00 Or 12% Of Total Cost For
Project Contingencies For The Projects Together With The Applicable
Operating And Maintenance Costs Once Complete; Further Authorizing
Appropriate City Officials To Execute All Applicable Program
Documents And Agreement(s).
Attachments: Reso ENC19-004 CSLIP (MPO) Rev.doc
BIS 19010R.doc
Engineering Division
39. R-2018-363 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Execute An Interlocal Agreement With The Hollywood Community
Redevelopment Agency Regarding The Sale Of Property To Pinnacle
At Peacefield, Ltd.; Amending The Fiscal Year 2019 Adopted
Operating Budget Per Resolution R-2018-301.
Attachments:RESOCRACITYPINNACLEINTERLOCALAGREEMENTFINAL.docx
PINNACLEFINALLEGILAacracityloanforpinnacle rev doc.docx
Exhibit 1 Pinnacle.pdf
TERMSHEETINTERLOCALAGREEMENTCRACITYPINNACLE.DOC
BIS 19026.doc
Community Development Division
City of Hollywood Page 12
Regular City Commission Meeting Meeting Agenda - Final November 7, 2018
40. R-2018-364 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Execute A
Funding Agreement With Pinnacle At Peacefield, Ltd. To Provide
Home And Neighborhood Stabilization 1 Program Funds And City
Remaining Loan Funds In The Total Amount Of $578,000.00, Along
With Subordination Agreements And Associated Documents
Necessary To Facilitate Development Of The Pinnacle At Peacefield
Affordable Housing Project For Seniors On Adams Street.
Attachments:PINNACLECOMBINED Resolution_FINAL FINAL.doc
PINNACLEFINALAGREEMENTLEGISTAROCTOBER312018 DOC.docx
Executed Commitment Letter 2017-18.pdf
FHFC Local Govt Verification_Signed.pdf
TERMSHEETPINNACLEFUNDINGAGREEMENT2018.DOC
BIS 19-027.doc
Community Development Division
41. R-2018-365 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Considering A Consent Decree Settlement With Greenbriar
Apartment/Motel, Inc.
Attachments: RESOSETTLEMENTGREENBRIAR (3).doc
Rev Consent Decree.doc
Office of the City Attorney
COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY
MANAGER
42. Commissioner Hernandez, District 2
43. Commissioner Callari, District 3
44. Commissioner Blattner, District 4
45. Commissioner Biederman, District 5
46. Commissioner Sherwood, District 6
47. Vice Mayor Case, District 1
48. Mayor Levy
49. City Attorney
50. City Manager
51. 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.
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Regular City Commission Meeting Meeting Agenda - Final November 7, 2018
Citizens' Comments shall be held on the Third Wednesday of each month at the Regular City
Commission Meeting in the City Commission Chambers, Room 219, at 5:00 PM.
Lobbyist registration is required if any person, firm or corporation is lobbying the City
Commission on any petition or issue, pursuant to the Section 30.15 of the Code of Ordinances.
Any person wishing to appeal any decision made by this Commission with respect to any matter
considered at such meeting or hearing will need a record of the proceedings, and for such
purposes may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is made.
Two or more members of the same city board, commission, or committee, who are not of this
Commission, may attend this meeting and may, at that time, discuss matters on which
foreseeable action may later be taken by their board, commission or committee.
Persons with disabilities who require reasonable accommodations to participate in City
programs and/or services may call the Office of the City Manager five business days in advance
at (954) 921-3201 (voice). If an individual is hearing or speech impaired, please call
1-800-955-8771 (V-TDD).
Disclosure Of Real Estate Interests And Business Relationships - When an agenda item involves
the use or development of land, each member of the City Commission, the City Manager, the
Assistant City Manager, the City Attorney, the Deputy City Attorney, and the director and
assistant director(s) of each City department and City office shall disclose orally, at the time the
City Commission begins to discuss the item, or in writing to the City Clerk prior to the publication
of the agenda, any significant interest (as defined below) that such City official or employee or
any relative of such City official or employee has in land located within 300 feet of the land that is
the subject of the item. When an agenda item involves an invitation for bids, request for
proposals, request for qualifications, request for letters of interest, or other competitive
solicitation, each member of the City Commission, the City Manager, the Assistant City
Manager, the City Attorney, the Deputy City Attorney, and the director and assistant director (s) of
each City department and City office shall disclose orally, at the time the City Commission
begins to discuss the item, or in writing to the City Clerk prior to the publication of the agenda,
any client or business relationship that such City official or employee or any relative of such City
official or employee has with any business entity that has submitted a response to the
competitive solicitation. “Significant interest” means ownership of more than 5 percent of the
value of the land.
Persons attending meetings shall remain seated at all times unless called upon to speak, will not
call out comments during the meeting or make inappropriate hand or facial gestures.
Please silence all cell phones prior to entering the meeting.
City of Hollywood Page 14
Regular City Commission Meeting Meeting Agenda - Final November 7, 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
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Regular City Commission Meeting Meeting Agenda - Final November 7, 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.
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Regular City Commission Meeting Meeting Agenda - Final November 7, 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
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Regular City Commission Meeting Meeting Agenda - Final November 7, 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.
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Regular City Commission Meeting Meeting Agenda - Final November 7, 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 19
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