Regular City Commission Meeting
Regular MeetingHollywood, FL · October 16, 2019
Minutes
City of Hollywood
Hollywood City Hall
2600 Hollywood Blvd
Hollywood, FL 33020
http://www.hollywoodfl.org
Meeting Minutes - Final
Wednesday, October 16, 2019
1:00 PM
Commission Chambers Room 219
Regular City Commission Meeting
CITY COMMISSION
Josh Levy, Mayor
Traci Callari, Vice Mayor - District 3
Caryl Shuham, Commissioner - District 1
Peter Hernandez, Commissioner - District 2
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 16, 2019
. The Regular City Commission Meeting of the City of Hollywood, Florida, was called to
order by Mayor Levy on Wednesday, October 16, 2019 at 1:07 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: Commissioner Caryl Shuham, Commissioner Peter Hernandez, Vice
Mayor 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 Blattner,
seconded by Commissioner Sherwood, to adopt the Consent
Agenda. The motion passed unanimously. (7-0)
6. R-2019-300 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Recommending Project Palladium Be Approved As A Qualified Target
Industry Business Pursuant To Section 288.106, Florida Statutes;
Providing For Local Financial Support In The Form Of Cash For The
Qualified Target Industry Tax Refund With High-Impact Sector Bonus.
ACTION: This Resolution was moved by Commissioner Blattner,
which was seconded by Commissioner Sherwood, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
7. R-2019-301 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Grant A Letter Of Approval
To Allow The Hollywood Historical Society To Renovate The Garage Of
The Hammerstein House.
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ACTION: This Resolution was moved by Commissioner Blattner,
which was seconded by Commissioner Sherwood, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
8. R-2019-302 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 Tribune Direct, D/B/A Conversion Alliance, For The
New Horizons Quarterly Newsletter In An Estimated Annual Amount Of
$75,000.00.
ACTION: This Resolution was moved by Commissioner Blattner,
which was seconded by Commissioner Sherwood, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
9. R-2019-303 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute A Software
Maintenance Agreement With Superion, LLC. For Maintenance And
Support Of The Police Law Records Management System With An Initial
One Year Term And Subsequent Automatic Annual Renewals In An
Estimated Amount Of $600,000.00 Over Four Years.
ACTION: This Resolution was moved by Commissioner Blattner,
which was seconded by Commissioner Sherwood, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
10. R-2019-304 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 South Broward Hospital District, D/B/A Memorial
Healthcare System, For Donation Of Outdoor Fitness Equipment For
Hollywood Beach Broadwalk And Related Activities.
ACTION: This Resolution was moved by Commissioner Blattner,
which was seconded by Commissioner Sherwood, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
11. R-2019-305 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute A
Miscellaneous Appropriations Grant Agreement With 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 $175,000.00.
ACTION: This Resolution was moved by Commissioner Blattner,
which was seconded by Commissioner Sherwood, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
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12. R-2019-306 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 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 Blattner,
which was seconded by Commissioner Sherwood, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
13. R-2019-307 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute An
Authorization To Proceed For Work Order Number LH-19-03 With
Lighthouse Utility Consulting, Inc. To Provide Professional Services For
A Water And Sewer Reserve Capacity Charge Study And A Sewer
Expansion Funding Study In The Amount Of $154,462.00.
ACTION: This Resolution was moved by Commissioner Blattner,
which was seconded by Commissioner Sherwood, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
14. P-2019-71 A Proclamation In Recognition Of National Friends Of Libraries Week,
October 20-26, 2019.
Commissioner Shuham read the proclamation in recognition of National
Friends of Libraries Week, October 20-26, 2019.
Joyce Abraham, Friends of the Stirling Road Library, accepted the
proclamation and thanked the Commission for the recognition.
15. P-2019-72 A Proclamation In Recognition Of National School Lunch Week, October
14-18, 2019.
Commissioner Blattner read the proclamation in recognition of National
School Lunch Week, October 14-18, 2019.
Zoe Crego, Registered Dietitian, Food and Nutrition Services
Department, School Board of Broward County, accepted the
proclamation and thanked the Commission for the recognition.
16. P-2019-73 A Proclamation In Recognition Of Rotary International Polio Day -
October 24, 2019.
Mayor Levy read the proclamation in recognition of Rotary International
Polio Day - October 24, 2019.
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Ira Glick, President, Hollywood Rotary Club, accepted the proclamation
and thanked the Commission for the recognition.
17. P-2019-74 Recognition Of The October 2019 Diamond Service Award Nominees
By The Diamond Service Award Selection Committee. Presentation Of
The October 2019 Diamond Service Award Recipient By The Diamond
Service Award Selection Committee. Presentation Of The October 2019
Service Awards By Jennifer Solinger, Human Resources Administrator
To 146 City And Two Community Redevelopment Agency Employees In
Recognition Of Their Years Of Service.
Ali Parker, Public Utilities, Diamond Service Committee Member,
congratulated all the diamond nominees and presented them with
certificates.
Ali Parker, Public Utilities, Diamond Service Committee Member, read
the commendation which resulted in Keith Johnkins, Utility Field
Technician, being awarded as the October 2019 Diamond Award
Recipient.
Jennifer Solinger, Human Resources Administrator, recognized city
employees in recognition of their years of service.
The Commission recessed at 1:56 PM and reconvened at 2:06 PM with
all members of the Commission present.
20A. P-2019-76 Presentation By Jill Young, Director Of Demographics & Enrollment
Planning And Joseph Beck, Demographer Specialist To Provide An
Update On The October 8, 2019 Broward School Board School
Proposals Workshop.
Jill Young, Director of Demographics and Enrollment Planning, and
Joseph Beck, Demographer Specialist, provided an update on the
Broward County School proposals workshop.
Discussion ensued among Ms. Young and members of the Commission.
5. R-2019-299 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Providing For The Annual Revision Of The Comprehensive Pay Plan For
All Non-Represented Employees.
The following individuals expressed personal opinions/concerns:
1. Jitendra Patel, 7300 SW 10 Street
2. William Vulpis, 7793 Eyeta Blvd
3. Alan Corriveau, 1411 Garfield Street
4. Joan Sloyer, 1454 N 12 Court
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5. Thomas Karl, 1455 Silk Oak Dr
6. Robert Madge, 10141 SW 49 Mnr
7. Allen Siegel, Retired PD
8. Vincent Affanato, Retired PD
9. Greg O'Hare, 3406 Simms St
10. Pauline Wallace, 7820 LaSalle Blvd
11. Dina Bertrand, 7820 LaSalle Blvd
12. Robert Strauss, 2638 Jackson St
13. Gail Reinfeld, Retired Human Resources Director
14. Louie Granteed, Retired PD
ACTION: Motion was made by Commissioner Sherwood, which
was seconded by Commissioner Blattner, to adopt the
Resolution. On a voice vote the motion passed unanimously. (7-0)
18. P-2019-75 Presentation By James Mirras, Co-Founder Of Circuit, Providing An
Update On The Sun Shuttle Service.
Commissioner Hernandez left the meeting at 3:01 PM and returned at
3:04 PM.
James Mirras, Co-Founder of Circuit, provided a presentation updating
the Sun Shuttle Service.
Discussion ensued among members of the Commission and James
Mirras responded to questions asked of him.
Commissioner Shuham left the meeting at 3:45 PM and returned at 3:47
PM.
Commissioner Blattner left the meeting at 3:56 PM and returned at 3:58
PM.
Gus Zambrano, Assistant City Mananger Sustainable Development,
provided additional information.
Discussion ensued among members of the Commission and James
Mirras responded to questions asked of him.
19. PO-2019-23 An Ordinance Of The City Of Hollywood, Florida, Amending The Revised
Artspark Village Master Development Plan As It Relates To Arstpark
Village-B Parc Place (Originally Approved By Ordinance No. O-2008-18,
As Amended And Restated By Ordinance No. O-2011-12 And Revised
By Ordinance No. O-2018-14), Pursuant To The City’s Zoning And Land
Development Regulations. (17-DPVJ-04a)
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The City Attorney explained waiving the quasi-judicial procedures for
items 19 and 20. Mayor Levy questioned if there were any objections to
waiving them, there were no objections, and the quasi-judicial
procedures were waived.
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 members of the Commission.
The City Clerk read the ordinance title on second and final reading.
ACTION: Motion was made by Vice Mayor Callari, which was
seconded by Commissioner Sherwood, to adopt on second and
final reading the Ordinance. The motion on roll call vote carried:
Aye: Commissioner Shuham
Commissioner Hernandez
Vice Mayor Callari
Commissioner Blattner
Commissioner Biederman
Commissioner Sherwood
Mayor Levy
Enactment No: O-2019-21
20. R-2019-308 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Considering A Request For An Amendment To The Design And Site
Plan (Originally Approved By Resolution No. R-2018-320) For The
Construction Of A Multi-Phased Mixed-Use Development Project,
Village-B Of The Arts Park Master Development Plan, Known As Parc
Place, Consisting Of 433 Residential Units, Approximately 26,000
Square Feet Of Retail Space And Associated Parking Including 890
Parking Spaces. (17-DPVJ-04a)
The quasi-judicial procedures were previosly waived with item 19.
ACTION: Motion was made by Commissioner Shuham, which was
seconded by Vice Mayor Callari, to adopt the Resolution. On a
voice vote the motion passed unanimously. (7-0)
22. R-2019-310 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing And Approving The Appropriate City Officials To Issue A
Purchase Order To Ten-8 Fire Equipment, Inc. For The Purchase Of A
Pierce Velocity 100’ Ladder Tower For Fire Rescue And Beach Safety In
The Total Amount Of $1,311,658.00 Based Upon The Florida Sheriff’s
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Association Cooperative Bid Solicitation No. FSA18-VEF13.0 In
Accordance With Section 38.40(C)(5) Of The Purchasing Ordinance
(Piggyback).
ACTION: Motion was made by Vice Mayor Callari, which was
seconded by Commissioner Sherwood, to adopt the Resolution.
On a voice vote the motion passed unanimously. (7-0)
24. Commissioner Hernandez, District 2
CCTV
Commissioner Hernandez stated he is looking forward to US 1 corridor
CCTV completed by early next year.
Association Meetings
Commissioner Hernandez announced the United Neighbors Civic
Association meeting will be Thursday at McNicol Community Center at
7:00 PM. Also, the North Central Civic Association meeting will be next
Tuesday at 7:00 PM at the Fred Lippman Multi-Purpose Center.
Downtown Vacancies
Commissioner Hernandez stated he is concerned with the Downtown
vacancies and he wants to encourage the City Manager and CRA
Executive Director to work together to come up with a plan to eliminate
Downtown vacancies. Dr. Wazir Ishmael, City Manager, stated the City
can assist the CRA on this. Mayor Levy and Vice Mayor Callari
supported the coordination between them.
Flooding
Commissioner Hernandez stated the City needs to look at the flooding
not only on the barrier island, but in the Lakes Area. Commissioner
Hernandez asked staff to review the flooding taking place at 1115 N
Southlake Drive, as the flooding started after work was done in front of
the property.
Commissioner Sherwood left the meeting at 4:16 PM.
Sun Shuttle
Commissioner Hernandez stated the presentation on Sun Shuttle
provided excellent information. The missing link is between the
advertisers from the downtown and Sun Shuttle. Commissioner
Hernandez stated he liked the idea of having an iPad rotating
advertising.
Mayor Levy stated it is a good idea, if the advertisers only have to plug
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into the iPad, as the City is paying for it anyway.
ArtsPark Marquee
Commissioner Hernandez stated he spoke to the City Manager
regarding the use of the ArtsPark marquee for downtown businesses to
advertise, as this has been discussed before.
25. Vice Mayor Callari, District 3
Health Care for Retirees
Vice Mayor Callari stated she was disappointed about the retirees health
care issue discussed today, as she did not know about the issue ahead
of the phone calls she received over the weekend. She thanked
everyone who came out and spoke, and she appreciated all the City
Manager’s efforts for trying to work the issues out. Vice Mayor Callari
stated she is disappointed about not being informed about this issue
earlier.
Sun Shuttle
Vice Mayor Callari stated she made a statement earlier about Sun
Shuttle ridership, it was due to the need to speak up, to do the right thing,
not to please certain individuals.
Commissioner Sherwood returned to the meeting at 4:22 PM.
Homeless Individual
Vice Mayor Callari stated she received a call about a homeless
individual who is a mother of four that has no transportation. Someone
put them up in a hotel, and she delivered food to them, as it was the right
thing to do.
Happy Birthday
Vice Mayor Callari wished a happy birthday to her husband, James.
Nativity Church
Vice Mayor Callari stated Father Patrick Murnane of Nativity Church
passed away, his service was last Saturday.
26. Commissioner Blattner, District 4
Chapter 28
Commissioner Blattner stated in regards to Chapter 28, there were a lot
of lessons learned today. It starts with adequate notification, and he
suggested a workshop on this topic before it comes before the
Commission.
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Street Renaming Policy
Commissioner Blattner stated the Commission had a request from
McArthur High School to co-name the street in front of the school.
Commissioner Blattner stated he wants to continue to support McArthur
to temporarily rename the street from N 64th Avenue from Pines Blvd to
the edge of the school property for a period of 60 days.
Douglas Gonzales, City Attorney, stated the City has a Naming Policy,
but the Commission cannot waive the notice requirement, and will have
to come back at the next meeting for a vote.
Discussion ensued among members of the Commission regarding
co-naming a street, process and policy.
Sign Ordinance
Commissioner Blattner stated he wants the sign ordinance regarding
flags or sales to be enforced, especially in the complete streets project
areas. He asked code to enforce the ordinance and have the flags
removed.
Self-Storage
Commissioner Blattner stated the Planning and Development Board
approved another self-storage facility on Dixie Highway. He wants to
provide direction to staff as there are no distance separations and
self-storage facilities are not what the City is looking for downtown. He
requested Commission support to have staff come up with a
recommendation for distance separation requirements for self -storage
facilities. Commissioner Hernandez supports the request.
Dr. Wazir Ishmael, City Manager, responded staff is working on a
distance separation ordinance for self-storage facilities, and having a
mixed use with self-storage.
Used Car Lots
Commissioner Blattner requested Commission support to have staff
come back with a recommendation on no new used car lots on the Dixie
Highway corridor. Commissioner Shuham, Vice Mayor Callari,
Commissioner Sherwood and Mayor Levy supported the request.
27. Commissioner Biederman, District 5
Mixed Use
Commissioner Biederman stated he agrees and appreciates the vision
of a mixed use for a self-storage facility, and questioned if the City has
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the ability to say storage is not allowed, but mixed use is. Dr. Wazir
Ishmael, City Manager, responded yes, as part of the zoning use .
Storage could be allowed as an accessory use.
Used Car Lots
Commissioner Biederman stated used car lots generate a lot of sales
tax revenue for the City.
Animal Care
Commissioner Biederman stated he wants to extend his appreciation to
animal care people for their assistance last week for the Pooches and
Kitties event.
Thank You
Commissioner Biederman thanked the Commission staff for providing
lunch today in recognition of Boss’s Day.
Elks Lodge
Commissioner Biederman stated the Elks Lodge, 7190 Davie Road
Extension, is having a dinner fundraiser Friday night benefiting veterans.
Announcement
Commissioner Biederman stated he is waiting for an announcement
from the City Manager.
28. Commissioner Sherwood, District 6
West Hollywood
Commissioner Sherwood stated the residents in West Hollywood keep
commenting on why they do not get improvement in their area of District
6 from the GOB or Transportation Tax funds. Commissioner Sherwood
listed the improvements needed in Hollywood Gardens West, Beverly
Park, Washington Park, Lawn Acres, Hollywood Hills South, Park East
South, Hollywood Gardens West. Commissioner Sherwood stated staff
was asked to recalibrate the traffic light at 56th Avenue and Hollywood
Blvd.
Commissioner Sherwood requested Commission support to have a
report on when these improvements would be implemented. Mayor Levy
and Commissioner Biederman supported the request for a report.
Vice Mayor Callari stated every district has issues which need to be
addressed. It is important to get continual updates on the issues. Some
of these issues are ongoing for districts, as each district has received an
abundant amount of similar complaints.
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Mayor Levy requested there be a continuing report on projects by
neighborhood with timelines.
Italian American Club
Commissioner Sherwood stated on Saturday she will read a
proclamation for the Italian American Club’s 70th Anniversary.
Facebook
Commissioner Sherwood stated her Facebook page was hacked, so if
you receive a request from her to contact Mark Zuckerburg.
29. Commissioner Shuham, District 1
Sea Levels & King Tides
Commissioner Shuham explained other cities are putting away
significant amounts of money for sea level rise and king tides. She
showed slides in various locations which had issues and damage due to
king tides and sea level rise. Commissioner Shuham stated the City
needs real dollars allocated for sea level rise as we are moving forward,
as the future is now.
5G Legislation
Commissioner Shuham stated she sent the Commission an article about
what issues other cities are facing with the new 5G legislation at the
Federal and State levels. Many cities are creating ordinances to get
ahead of the issues, and she requested Commission support for a
workshop on the 5G legislation at the State and Federal levels. Vice
Mayor Callari and Mayor Levy supported the request and to have Gary
Resnick, the expert on this issue, present at the workshop.
Vacation License
Commissioner Shuham stated the City is entering into snowbird season
and vacations, the staff position for vacation license is still open and
needs to be filled. Commissioner Shuham stated there are many
complaints and suggested a rapid response team to help address the
issues.
Commissioner Hernandez left the meeting at 5:04 PM.
Sober Homes & Recovery Homes
Commissioner Shuham stated she received several letters and petitions
from residents concerned about sober homes and recovery homes
coming into the neighborhoods. She suggested the City prepare a
position paper on the issues. Commissioner Biederman and Vice
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Mayor Callari supported a fact sheet to be prepared.
Electrical Poles
Commissioner Shuham stated a garbage truck hit an electric pole at the
beach, her concern is that while the City is waiting for undergrounding on
the electrical poles, to have FPL come and do an inspection to make
sure the poles are safe, as some are in risky shape.
Cardboard Boat Race
Commissioner Shuham stated she missed the cardboard boat race as
she was out of town, but received a letter from Terry Cantrell, resident,
who stated it was a successful event this past weekend.
Commissioner Hernandez returned to the meeting at 5:08 PM.
30. Mayor Levy
Sea Levels & King Tides
Mayor Levy stated we are seeing higher king tides globally, nationally,
locally, with lots of photos to sound the alarm. The City cannot be
complacent, as the impact is great, it is another recurring item where we
need reports. The City needs to be prepared.
Electrical Poles
Mayor Levy requested Commission support to have the City Attorney
enact an ordinance requiring telecommunication companies to inspect
their poles, especially addressing leasing poles and double poles .
Commissioner Hernandez and Commissioner Biederman supported the
request.
Playground Covers
Mayor Levy stated the playground covers that were removed for the
hurricane need to be reinstalled.
Pole Banners
Mayor Levy suggested the installation of pole banners on Hollywood
Blvd. from City Hall Circle to downtown as businesses could put flags out,
the businesses are desperate for business due to the construction .
Commissioner Hernandez and Commissioner Biederman supported the
request.
Sea Level Rise Walk
Mayor Levy stated on October 27th there will be a sea level rise walk in
the Lakes Area at 8:00 AM with Dr. Jurado.
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Design Challenge
Mayor Levy stated at the end of the month he is participating with other
mayors and the Van Allen Institute to bring forward a challenging design
as a project, to be re-designed. The area chosen was Hollywood Beach.
23. CITIZENS’ COMMENTS
The following individuals expresed personal opinions concerns:
1. Jamie Mardis, 311 S 21 Avenue
2. Constantine Mourlas, 6521 Moseley Street
3. Kathleen Moniz, 1105 N 13 Terrace
4. Patricia Antrican, 2534 Fillmore Street
5. Llyod Gordesky, 1112 N 13th Court
6. Rose Gormen, 1020 N 13 Terrace
7. Eli Ruby, 1029 Harrison Street
8. Andre Brown, 2316 Mayo Street
9. Sean Atkinson, 1106 N 31 Avenue
10. Catherine Uden, 1120 Lyontree St
11. Neil Uden, 1120 Lyontree St
21. R-2019-309 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Making Findings And Designating As A Brownfield Area Within The City
Of Hollywood, Real Property Located At 2210 And 2110 Adams Street,
Hollywood, Florida 33020, And Identified By Folio Nos. 514216011380
And 514216011460, Pursuant To Section 376.80(2)(C), Florida
Statutes, For The Purpose Of Rehabilitation, Job Creation And
Promoting Economic Redevelopment; Authorizing The City Of Hollywood
To Notify The Florida Department Of Environmental Protection Of The
Designation.
The Mayor announced the resolution was advertised in conformance with
Florida Statutes and City Codes.
Douglas Gonzales, City Attorney, explained the intent of the resolution.
Discussion ensued among staff and members of the Commision.
Shiv Newaldass, Director of Development Services, provided additional
information.
Michael Goldstein, Attorney for the Applicant, Pinnacle at Peacefield,
provided additional information on their application.
Discussion ensued among staff and members of the Commission.
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Dr. Wazir Ishmael, City Manager, responded to concerns raised by the
Commission.
The Mayor announced the resolution 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.
ACTION: Motion was made by Commissioner Blattner, which was
seconded by Commissioner Hernandez, to adopt the Resolution.
On a voice vote the motion passed unanimously. (7-0)
31. City Attorney
Coolidge Palms Case
Douglas Gonzales, City Attorney, stated he received a letter from outside
counsel regarding a favorable ruling in the Coolidge Palms case, in
which the City denied the property owner the use of the property in a
particular manner.
Beverly Properties, Inc.
Douglas Gonzales, City Attorney, stated he is seeking authorization to
join in a lawsuit brought by 3100 Oceans LLC against Beverly Beach
Properties, Inc. Beverly Beach Properties, Inc. has been dissolved for
over 60 years, they have a deed in which a deed restriction clouds the
use of 3100 North Ocean Drive, the property is deed restricted regarding
setbacks. Mayor Levy, Vice Mayor Callari and Commissioner
Hernandez supported the request.
Sober Homes
Douglas Gonzales, City Attorney, provided general information regarding
sober home regulations, and stated a fact sheet will be distributed.
Boss’s Day
Douglas Gonzales, City Attorney, wished the Commission happy Boss’s
Day.
Executive Session
Douglas Gonzales, City Attorney, announced pursuant to Florida Statutes
286.011(8)(a), an executive session would be held on November 5, 2019
at 4:30 PM regarding Board of Trustees of the Employees Retirement
Fund of Hollywood vs. City of Hollywood litigation. Attending the session
will be the Mayor, Commissioners, City Manager, City Attorney, Deputy
City Attorney and outside counsel, Bob McCormack.
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32. City Manager
Self-Storage Regulations
Dr. Wazir Ishmael, City Manager, stated self-storage regulations will be
coming to the City Commission on November 20th, as the Planning &
Development Board has already reviewed the item.
New Rate Structures
Dr. Wazir Ishmael, City Manager, stated Office of Communications,
Marketing & Economic Development; Department of Public Utilities and
Department of Public Works are working on outreach regarding the new
utility rate structure and sanitation fees.
Royal Poinciana Neighborhood
Dr. Wazir Ishmael, City Manager, stated phase II of the Royal Poinciana
Neighborhood Utility Project, between Sheridan Street and Hollywood
Blvd from US1 to N 21 Avenue, is expected to be completed in
December, with the remainder to be completed in 2022.
Comic Book Fest
Dr. Wazir Ishmael, City Manager, announced there will be a Comic Book
Fest in partnership with Broward College at the Dr. Martin Luther King,
Jr. Community Center on Saturday, October 26th from 11:00 AM to 3:00
PM.
Hollyweird Halloween
Dr. Wazir Ishmael, City Manager, announced on Saturday, October 26th
will be the Hollyweird Event with a costume contest between 6:00 PM
and 9:00 PM in Downtown Hollywood. The Block Party starts at 9:00
PM.
Trees
Dr. Wazir Ishmael, City Manager, announced the City received a grant
from Broward County of 100 tree seedlings to be planted from Phillips
International Jewelry. There will be a tree planting at Oakridge Park at
9:00 AM to 12:00 PM
Fire Station 45
Dr. Wazir Ishmael, City Manager, announced the formal opening of Fire
Station 45 will be held, the preliminary date is November 18th at 11:00
AM.
Sea Levels & King Tides
Dr. Wazir Ishmael, City Manager, stated staff has been working on the
flooding and sea level issue for a long time. Gus Zambrano, Assistant
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City Manager for Sustainable Development, spoke about the king tide
issues the city is experiencing; and Vivek Galav, Director of Public
Utilities, provided an update on the assessment and adaption plan.
33. The meeting adjourned at 6:36 PM.
______________________________
Patricia A. Cerny, MMC
City Clerk
Hollywood, Florida
Approved on:
______________________
City of Hollywood Page 16
Agenda
Regular City Commission Meeting
Wednesday, October 16, 2019
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
Traci Callari, Vice Mayor - District 3
Caryl Shuham, Commissioner - District 1
Peter Hernandez, Commissioner - District 2
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-revised October 16, 2019
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 - 14 thru 17
1:30 PM - Item - 18
1:45 PM - Items - 19 thru 20
2:00 PM - Item - 20A
5:00 PM - Item - 23
5:15 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 13)
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 HUMAN RESOURCES
5. R-2019-299 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Providing For The Annual Revision Of The Comprehensive Pay
Plan For All Non-Represented Employees.
Attachments: Reso - FY 20 Compensation Plan Staff Summary.docx
Compensation Plan FY20 strike through version docx TH.pdf
Compensation Plan FY20 clean version.pdf
BIS 20-002.docx
City of Hollywood Page 2
Regular City Commission Meeting Meeting Agenda - Final-revised October 16, 2019
OFFICE OF COMMUNICATION, MARKETING & ECONOMIC DEVELOPMENT
6. R-2019-300 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Recommending Project Palladium Be Approved As A
Qualified Target Industry Business Pursuant To Section 288.106,
Florida Statutes; Providing For Local Financial Support In The Form Of
Cash For The Qualified Target Industry Tax Refund With High-Impact
Sector Bonus.
Attachments: Reso - Project Palladium.docx
Project Palladium Information (1).pdf
BIS 19300.docx
7. R-2019-301 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Grant A Letter Of
Approval To Allow The Hollywood Historical Society To Renovate The
Garage Of The Hammerstein House.
Attachments: Reso - Hammerstein House
Exhibit A Hammerstein House Letter & Estimate
Hammerstein House 1988 Lease and Amendments (002).pdf
8. R-2019-302 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 Tribune Direct, D/B/A
Conversion Alliance, For The New Horizons Quarterly Newsletter In An
Estimated Annual Amount Of $75,000.00.
Attachments: Reso - Tribune Direct .doc
New Horizons Quarterly Newsletter RFP.pdf
New Horizons Bid Responses - Tribune Direct and Print Dynamics.pdf
Term Sheet - Tribune Direct dba Conversion Alliance.doc
BIS 19-303R.pdf
DEPARTMENT OF INFORMATION TECHNOLOGY
9. R-2019-303 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Execute A
Software Maintenance Agreement With Superion, LLC. For
Maintenance And Support Of The Police Law Records Management
System With An Initial One Year Term And Subsequent Automatic
Annual Renewals In An Estimated Amount Of $600,000.00 Over Four
Years.
Attachments: RMS-Resolution
Hollywood, FL Superion Solutions Maintenance Agreement R 9.19.19 for countersign
tersuperion.doc
BIS 19-305R.docx
City of Hollywood Page 3
Regular City Commission Meeting Meeting Agenda - Final-revised October 16, 2019
DEPARTMENT OF PARKS, RECREATION & CULTURAL ARTS
10. R-2019-304 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 South Broward Hospital District,
D/B/A Memorial Healthcare System, For Donation Of Outdoor Fitness
Equipment For Hollywood Beach Broadwalk And Related Activities.
Attachments: Reso Memorial Fitness Zones
Memorial Fitness Zone agreement
Term Sheet - SBHD dba Memorial Healtcare System - FitnessEquipment.doc
BIS 19-296R.pdf
11. R-2019-305 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Execute A Miscellaneous Appropriations Grant Agreement With 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 $175,000.00.
Attachments: Reso $175K Art Culture Center 2019-2020
HACC Misc App Agrmnt 2019_175k
Addendum A_2019-20 Scope of Services - 9-23-19
Term Sheet - Art and Culture Center, Inc. $175,000.doc
BIS 19-299.docx
12. R-2019-306 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 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 HACCHCPAC2019-$70K
HACC-HCPACAGR_2019-$70K
Term Sheet - Art and Culture Center, Inc. $70,000.doc
BIS 19-304R.docx
Requires A 5/7th Vote
City of Hollywood Page 4
Regular City Commission Meeting Meeting Agenda - Final-revised October 16, 2019
DEPARTMENT OF PUBLIC UTILITIES
13. R-2019-307 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Execute An Authorization To Proceed For Work Order Number
LH-19-03 With Lighthouse Utility Consulting, Inc. To Provide
Professional Services For A Water And Sewer Reserve Capacity
Charge Study And A Sewer Expansion Funding Study In The Amount
Of $154,462.00.
Attachments: Resolution - Lighthouse Utility Reserve Capacity Rate Study - $154462.00_ Updated_8-14-2019.d
ATP - LH-19-03 Reserve Capacity Charge and Sewer Expansion Funding Study - $154,462.00_ 8
R-2015-250 Rate Consulting-RFQ-4464-15-RL Signed 8-26-2015 .pdf
Proposal - Reserve Capacity Charge and Sewer Expansion Funding Study 08.28.19_Final.pdf
Lighthouse - Contract Renewal 11-16-2018 to 11-15-2021.pdf
TermSheetATPLIGHTHOUSEUTILITYSTUDY2019.doc
BIS 19-283.docx
1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS
14. P-2019-71 A Proclamation In Recognition Of National Friends Of Libraries Week,
October 20-26, 2019.
Attachments: 10-16-19 Natl Friends ofLibrary Wk.docx
15. P-2019-72 A Proclamation In Recognition Of National School Lunch Week,
October 14-18, 2019.
Attachments: 10-16-19 Natl School Lunch.docx
16. P-2019-73 A Proclamation In Recognition Of Rotary International Polio Day -
October 24, 2019.
Attachments: 10-16-19 Rotary International Polio Day.docx
17. P-2019-74 Recognition Of The October 2019 Diamond Service Award Nominees
By The Diamond Service Award Selection Committee. Presentation
Of The October 2019 Diamond Service Award Recipient By The
Diamond Service Award Selection Committee. Presentation Of The
October 2019 Service Awards By Jennifer Solinger, Human Resources
Administrator To 146 City And Two Community Redevelopment
Agency Employees In Recognition Of Their Years Of Service.
1:30 PM TIME CERTAIN ITEM
18. P-2019-75 Presentation By James Mirras, Co-Founder Of Circuit, Providing An
Update On The Sun Shuttle Service.
City of Hollywood Page 5
Regular City Commission Meeting Meeting Agenda - Final-revised October 16, 2019
1:45 PM QUASI-JUDICIAL ITEM(S)
(Rules of Procedure Attached to Agenda)
19. PO-2019-23 An Ordinance Of The City Of Hollywood, Florida, Amending The
Revised Artspark Village Master Development Plan As It Relates To
Arstpark Village-B Parc Place (Originally Approved By Ordinance No.
O-2008-18, As Amended And Restated By Ordinance No. O-2011-12
And Revised By Ordinance No. O-2018-14), Pursuant To The City’s
Zoning And Land Development Regulations. (17-DPVJ-04a)
Attachments: 1704a_CC_Ordinance_2019_1002.doc
Exihibit A.pdf
Attachment I_part I.pdf
Attachment I_part II.pdf
Attachment I_part III.pdf
Attachment II.pdf
Attachment III.pdf
Attachment IV.pdf
Second Reading
No Changes Since First Reading
Advertised Public Hearing
Planning Division
20. R-2019-308 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Considering A Request For An Amendment To The Design
And Site Plan (Originally Approved By Resolution No. R-2018-320) For
The Construction Of A Multi-Phased Mixed-Use Development Project,
Village-B Of The Arts Park Master Development Plan, Known As Parc
Place, Consisting Of 433 Residential Units, Approximately 26,000
Square Feet Of Retail Space And Associated Parking Including 890
Parking Spaces. (17-DPVJ-04a)
Attachments: 1704a_CC_Resolution_2019_1016.docx
Exihibit A.pdf
Exihibit B.pdf
Planning Division
2:00 PM TIME CERTAIN ITEM
20A. P-2019-76 Presentation By Jill Young, Director Of Demographics & Enrollment
Planning And Joseph Beck, Demographer Specialist To Provide An
Update On The October 8, 2019 Broward School Board School
Proposals Workshop.
Office of the City Manager
City of Hollywood Page 6
Regular City Commission Meeting Meeting Agenda - Final-revised October 16, 2019
5:15 PM TIME CERTAIN ITEM
21. R-2019-309 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Making Findings And Designating As A Brownfield Area
Within The City Of Hollywood, Real Property Located At 2210 And
2110 Adams Street, Hollywood, Florida 33020, And Identified By Folio
Nos. 514216011380 And 514216011460, Pursuant To Section
376.80(2)(C), Florida Statutes, For The Purpose Of Rehabilitation, Job
Creation And Promoting Economic Redevelopment; Authorizing The
City Of Hollywood To Notify The Florida Department Of Environmental
Protection Of The Designation.
Attachments: Resolution Second Reading (V1) & Exhbits A & B.docx
Brownfield Area Designation Request for Pinnacle at Peacefield, Ltd.pdf
Noticing Information.pdf
BIS 19301.doc
Development Services
Advertised Public Hearing
REGULAR AGENDA
22. R-2019-310 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing And Approving The Appropriate City Officials To
Issue A Purchase Order To Ten-8 Fire Equipment, Inc. For The
Purchase Of A Pierce Velocity 100’ Ladder Tower For Fire Rescue
And Beach Safety In The Total Amount Of $1,311,658.00 Based Upon
The Florida Sheriff’s Association Cooperative Bid Solicitation No.
FSA18-VEF13.0 In Accordance With Section 38.40(C)(5) Of The
Purchasing Ordinance (Piggyback).
Attachments: Res Purchase of an Aerial-Platform.doc
Ten-8 - Hollywood-Tower 738-Equipment Proposal-w-o prepay-PDF (2).pdf
FSA-Fire Contract Award Letter - 13 0_2018.pdf
FSA-Contract Terms and Conditions.pdf
R-2019-187.pdf
GO Bond Resolution.pdf
Platform Piggyback Form.pdf
BIS 19-302.docx
Fire Rescue & Beach Safety
General Obligation Bond
23. 5:00 PM CITIZENS’ COMMENTS (Total Time 30 Minutes)
City of Hollywood Page 7
Regular City Commission Meeting Meeting Agenda - Final-revised October 16, 2019
COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY
MANAGER
24. Commissioner Hernandez, District 2
25. Vice Mayor Callari, District 3
26. Commissioner Blattner, District 4
27. Commissioner Biederman, District 5
28. Commissioner Sherwood, District 6
29. Commissioner Shuham, District 1
30. Mayor Levy
31. City Attorney
32. City Manager
33. 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-revised October 16, 2019
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-revised October 16, 2019
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-revised October 16, 2019
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-revised October 16, 2019
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-revised October 16, 2019
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-revised October 16, 2019
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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