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Regular City Commission Meeting

Regular Meeting

Hollywood, FL · October 16, 2019

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Minutes

City of Hollywood Hollywood City Hall 2600 Hollywood Blvd Hollywood, FL 33020 http://www.hollywoodfl.org Meeting Minutes - Final Wednesday, October 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. City of Hollywood Page 1 Regular City Commission Meeting Meeting Minutes - Final October 16, 2019 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) City of Hollywood Page 2 Regular City Commission Meeting Meeting Minutes - Final October 16, 2019 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. City of Hollywood Page 3 Regular City Commission Meeting Meeting Minutes - Final October 16, 2019 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 City of Hollywood Page 4 Regular City Commission Meeting Meeting Minutes - Final October 16, 2019 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) City of Hollywood Page 5 Regular City Commission Meeting Meeting Minutes - Final October 16, 2019 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 City of Hollywood Page 6 Regular City Commission Meeting Meeting Minutes - Final October 16, 2019 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 City of Hollywood Page 7 Regular City Commission Meeting Meeting Minutes - Final October 16, 2019 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. City of Hollywood Page 8 Regular City Commission Meeting Meeting Minutes - Final October 16, 2019 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 City of Hollywood Page 9 Regular City Commission Meeting Meeting Minutes - Final October 16, 2019 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. City of Hollywood Page 10 Regular City Commission Meeting Meeting Minutes - Final October 16, 2019 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 City of Hollywood Page 11 Regular City Commission Meeting Meeting Minutes - Final October 16, 2019 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. City of Hollywood Page 12 Regular City Commission Meeting Meeting Minutes - Final October 16, 2019 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. City of Hollywood Page 13 Regular City Commission Meeting Meeting Minutes - Final October 16, 2019 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. City of Hollywood Page 14 Regular City Commission Meeting Meeting Minutes - Final October 16, 2019 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 City of Hollywood Page 15 Regular City Commission Meeting Meeting Minutes - Final October 16, 2019 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 City of Hollywood Page 10 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. City of Hollywood Page 11 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. City of Hollywood Page 13 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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