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Regular City Commission Meeting

Regular Meeting

Hollywood, FL · April 21, 2021

AgendaMinutes

Minutes

City of Hollywood Hollywood City Hall 2600 Hollywood Blvd Hollywood, FL 33020 http://www.hollywoodfl.org Meeting Minutes Wednesday, April 21, 2021 1:00 PM Commission Chambers Room 219 Regular City Commission Meeting CITY COMMISSION Josh Levy, Mayor Linda Sherwood, Vice Mayor - District 6 Caryl Shuham, Commissioner - District 1 Linda Hill Anderson, Commissioner - District 2 Traci Callari, Commissioner - District 3 Adam Gruber, Commissioner - District 4 Kevin Biederman, Commissioner - District 5 Dr. Wazir Ishmael, City Manager Douglas R. Gonzales, City Attorney Patricia A. Cerny, City Clerk Regular City Commission Meeting Meeting Minutes April 21, 2021 . The Regular City Commission Meeting of the City of Hollywood, Florida, was called to order by Mayor Levy on Wednesday, April 21, 2021 at 1:20 PM in the City Commission Room, Room 219, 2600 Hollywood Blvd., 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 Linda Anderson, Commissioner Traci Callari, Commissioner Adam Gruber, Commissioner Kevin D. Biederman, Vice Mayor Linda Sherwood and Mayor Josh Levy CONSENT AGENDA Approval of the Consent Agenda ACTION: A motion was made by Commissioner Callari, seconded by Commissioner Shuham, to adopt the Consent Agenda. The motion passed unanimously. (7-0) 5. R-2021-089 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute An Authorization To Proceed With Saltz Michelson Architects, Inc. For A Retroactive Payment Related To Additional Professional Architectural And Engineering Services For Construction Administration Of The New Fire Station No. 45 In The Amount Of $25,731.51, For A Total Contract Of $403,048.77 ACTION: This Resolution was moved by Commissioner Callari, seconded by Commissioner Shuham and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 6. R-2021-090 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Expenditure Of Law Enforcement Forfeiture Funds And Issuing A Purchase Order To Software House International For The Purchase Of Property, Evidence And Quartermaster Management Software, In An Estimated Amount Of City of Hollywood Page 1 Regular City Commission Meeting Meeting Minutes April 21, 2021 $228,184.45, Based Upon The Omnia Public Partners Contract Number 2018011-02, In Accordance With Section 38.41(C)(5) Of The City’s Purchasing Ordinance; Amending The Fiscal Year 2021 Operating Budget. (Piggyback) ACTION: This Resolution was moved by Commissioner Callari, seconded by Commissioner Shuham and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 7. P-2021-15 Presentation To Recognize the 2021 Florida State Radon Awareness Poster Contest winners. Hillary Fine, Hollywood Academy of Arts and Science, Arts Director, recognized the student winners of the 2021 Florida State Radon Awareness Poster Contest. 8. P-2021-16 Presentation By Sarah Hannah-Spurlock On Behalf Of The Florida City And County Management Association (FCCMA) Recognizing The City of Hollywood For 95 Years As A Council-Manager Form Of Government. Sarah Hannah-Spurlock, on behalf of The Florida City and County Management Association (FCCMA), presented the City with a certificate recognizing the City of Hollywood for 95 years as a Council-Manager form of government. Mayor Levy and Dr. Wazir Ishmael, City Manager, accepted the certificate and thanked the FCCMA for the recognition. 9. P-2021-17 A Proclamation In Recognition Of Muslim American Month, April 2021. Mayor Levy read the proclamation in recognition of Muslim American Month, April 2021. Raheem Seecharan, Information Technology Director, accepted the proclamation and thanked the Commission for the recognition. Dr. Wazir Ishmael, City Manager, provided additional information. 10. P-2021-18 A Proclamation In Recognition of Arbor Day Observed on Friday April 30, 2021. Commissioner Biederman read the proclamation in recognition of Arbor Day April 30, 2021. Lee Gottlieb, Youth Environmental Alliance, accepted the proclamation and thanked the Commission for the recognition. City of Hollywood Page 2 Regular City Commission Meeting Meeting Minutes April 21, 2021 11. P-2021-19 A Proclamation In Recognition Of Earth Day, April, 22, 2021. Commissioner Anderson read the proclamation in recognition of Earth Day, April 22, 2021. Wendy Sugar-Martin, Chair of the Sustainability Committee, accepted the proclamation and thanked the Commission for the recognition. 12. PO-2021-07 An Ordinance Of The City Of Hollywood, Florida, Vacating A Portion Of The Platted Alley Lying Within Block 58 Of The Plat Of “HOLLYWOOD”, Plat Book 1, Page 21; Providing A Severability Clause And A Repealer Provision. (VA-21-02) Douglas Gonzales, City Attorney, stated the ordinance was incorrectly marked as being quasi-judicial, it is not quasi-judicial. Azita Behmardi, City Engineer, explained the intent of the ordinance. Discussion ensued among staff and members of the Commission. Keith Poliakoff, Attorney for the Applicant, provided additional information. The City Clerk read the ordinance title on first reading. ACTION: Motion was made by Commissioner Callari, which was seconded by Commissioner Biederman, to adopt the Ordinance on first reading. The motion on roll call vote carried: Aye: Commissioner Shuham Commissioner Anderson Commissioner Callari Commissioner Gruber Commissioner Biederman Vice Mayor Sherwood Mayor Levy Enactment No: O-2021-06 13. PO-2021-08 An Ordinance Of The City Of Hollywood, Florida, Amending The Zoning And Land Development Regulations To Establish Distance Separation Requirements Relating To Package Stores; Providing A Severability Clause. (21-T-02) Karen David, 1316 S 19th Avenue, expressed personal opinions/concerns. Discussion ensued among members of the Commission City of Hollywood Page 3 Regular City Commission Meeting Meeting Minutes April 21, 2021 Douglas Gonzales, City Attorney, responded to questions raised by the Commission. Leslie Del Monte, Planning Manager, provided additional information. The City Clerk read the ordinance title on first reading. ACTION: Motion was made by Commissioner Callari, which was seconded by Commissioner Anderson, to adopt on first reading the Ordinance. The motion on roll call vote carried: Aye: Commissioner Shuham Commissioner Anderson Commissioner Callari Commissioner Gruber Commissioner Biederman Vice Mayor Sherwood Mayor Levy Enactment No: O-2021-09 15. Commissioner Callari, District 3 Property Issues Commissioner Callari requested a list of properties with $500,000.00 and above in code liens. She showed pictures of problem properties that she took two days ago. Commissioner Callari stated that the City cannot continue to allow this type of behavior to bring our City down. She understands that there are limitations as to how much the City can do . Nonetheless, the City needs to do better. Douglas Gonzales, City Attorney, stated that his office did title searches on each of the properties listed and unfortunately the City is hamstrung in many of these cases because Florida Law does not allow the City to foreclose on homestead properties; the City cannot take any action on properties when the owners are in bankruptcy; and the Florida Supreme Court states that the City cannot take over abuse of property that has a mortgage and pay interest on it, absent a referendum of the residents of the City. He reviewed various properties which have mortgages, and the City is not prepared to pay mortgage amounts. There are other options available which can be used to resolved issues on these properties. Mayor Levy requested that staff review this matter and present the Commission options for remedies for these properties. Commissioner Shuman, Commissioner Biederman and Vice Mayor Sherwood supported this request. City of Hollywood Page 4 Regular City Commission Meeting Meeting Minutes April 21, 2021 Hollywood Happy Days Commissioner Callari stated that Hollywood Youth Ambassadors are having a Hollywood Happy Days event on May 3rd from 6:00 PM to 8:00 PM. Yellow Green Market Commissioner Callari stated she would like Shiv Newaldass, Director of Development Services, to present an update on the Yellow Green Market. Shiv Newaldass, Director of Development Services, stated the Yellow Green Market voluntarily closed at the beginning of COVID for remodeling, including parking availability and making room for the chickee huts. The chickee huts do not require permits except under certain circumstances, i.e. if they have electric. The City is addressing items through permitting and now has a better relationship with the owner. Hours of operation are under third party agreement between the County, City and Market which cannot change unless all parties agree. Sewers Commissioner Callari asked the Department of Public Utilities staff to reach out to the residents as there are iguanas coming through the sewer system into resident’s toilets. Vaccinations Commissioner Callari stated today was the kick-off of the public service announcement for the “I Did It Campaign”, for individuals who are afraid to get vaccinated, to help educate them so that the City can back to normal. Cultural and Diversity Board Commissioner Callari stated she met with students from South Broward High School regarding cultural diversity issues and they requested the City establish a culturally diverse committee. Mayor Levy and Commissioner Shuham supported the creation of a new board for diversity and immigrants. 16. Commissioner Gruber, District 4 Sidewalk on 46th Avenue Commissioner Gruber stated he wants a more distinct timeline for installation of the new sidewalks on the east side of 46th Avenue from Casper Court to Stirling Road, as the sidewalks are really bad, so much so that a resident fell on her electric scooter. It seems the areca palms City of Hollywood Page 5 Regular City Commission Meeting Meeting Minutes April 21, 2021 are now growing over the sidewalk and blocking them. Mara Giulianti Park Commissioner Gruber stated he is excited to view the designs for Mara Giulianti Park and wants a timeline on when the drawings will be done. Street Lights in Emerald Hills Commissioner Gruber stated the street lights in Emerald Hills need to be changed to LED and wants a timeline on when this will be completed. Clean Beach Commissioner Gruber stated he was at the beach on Sunday, and estimates there were 40 50 thousand residents there. Everyone wants a clean beach, however, people need to understand that when there is that volume of people on the beach, there will be garbage left behind. The garbage is picked up the next morning. Homelessness Commissioner Gruber stated that he sat and watched a homeless person for a while and people walked by and were not compassionate to him, yet very dehumanizing. Commissioner Gruber stated he spoke to a City of Dania Beach elected official who wants to put together a task force between Cities of Dania Beach, Hallandale Beach and Hollywood, to come up with some bold plans to tackle the homelessness matter. Commissioner Gruber requested Commission support to establish and join this task force . Commissioner Callari, Mayor Levy and Commissioner Shuham supported the request. 17. Commissioner Biederman, District 5 Property Issues Commissioner Biederman stated every district has issues with unkempt properties and stated the City is very aggressive in correcting property issues and recovering the costs in abatements with the ordinance which was established. Salutes to the Fallen Commissioner Biederman stated there will be a “Salutes to the Fallen” event at the Boulevard Heights Community Center. The Elks Club and American Legion members are looking forward to attending this event with music and food. Chambers West Side Task Force City of Hollywood Page 6 Regular City Commission Meeting Meeting Minutes April 21, 2021 Commissioner Biederman stated there will be a Hollywood Chambers of Commerce West Side Task Force zoom meeting with a “State of District 5” address next Tuesday at 5:00 PM to provide information to residents. 18. Vice Mayor Sherwood, District 6 Hollywood Hills Civic Association Vice Mayor Sherwood stated the Hollywood Hills Civic Association keeps emailing her regarding a list of over 100 boxes and poles which have graffiti on them. Unfortunately, many of the boxes and poles belong to AT&T, Comcast and FPL and therefore the City cannot touch them. Vice Mayor Sherwood requested this list be sent to the each of the utility companies so they can identify their boxes and poles and remove the graffiti. WastePro Vice Mayor Sherwood stated in the Hollywood Gardens West community, the hard junk and trash are not being picked up on the 3rd Saturday of the month, and this has been going on for months. Homelessness Vice Mayor Sherwood stated the homeless person behind Walmart has been removed. Cultural and Diversity Board Vice Mayor Sherwood stated that over two months ago, she requested Commission support for the proposal by South Broward High School students that wrote to her regarding a petition or ordinance for their immigrant parents. Vice Mayor Sherwood requested support for this initiative. 19. Commissioner Shuham, District 1 Thank you Commissioner Shuham thanked the Office of Communications, Marketing and Economic Development staff for helping her participate remotely. Vaccine Site Commissioner Shuham thanked Jamie Hernandez, Emergency Management Coordinator, and others for putting together the vaccine site at the Hollywood Beach Culture and Community Center, the site will be available through to April 25th. A new vaccine site will be at the Dr. Martin Luther King, Jr., Community Center from April 26th to May 5th. City of Hollywood Page 7 Regular City Commission Meeting Meeting Minutes April 21, 2021 Homelessness Commissioner Shuham stated Officer Chung who used to work with the homeless has retired, however, the Police Department will work on this issue and continue to rise to the occasion and to work with the homeless community with compassion and continue to help them as much as possible. Clean Beach Commissioner Shuham stated she has received a lot of resident concerns and complaints regarding trash on the beach. The number of people visiting the beach has sky rocketed recently and trying to keep the beach clean takes a lot of work. Commissioner Shuham stated she has spoken to Public Works staff and going forward residents will see additional personnel on the beach all within the budgetary standards. Beach Enforcement Commissioner Shuham requested Commission support to enforce and cite the chronic or minor infractions that continue to take place on the broadwalk and beach, i.e, loud music, tents in close proximity, and electric bikes racing down the broadwalk and she suggested staff come up with ideas for enforcement of these issues. Commissioner Callari, Vice Mayor Sherwood, Commissioner Gruber and Commissioner Anderson supported staff coming up with ideas. Cameras on Lifeguard Stands Commissioner Shuham suggested installing cameras on the lifeguard stands in order to deter petty crime. Landscaping along Federal Highway Commissioner Shuham stated the landscaping along Federal Highway is tied to the FDOT project and the residents feel the plans are being minimized, but after speaking with the Assistant City Manager, that is not the case, as the full plans are going forward. Ramadan Commissioner Shuham wished everyone a happy Ramadan, for those that are celebrating. 20. Commissioner Anderson, District 2 Cultural and Diversity Board Commissioner Anderson stated she spoke with students at Hollywood Hills High School and South Broward High School regarding immigration City of Hollywood Page 8 Regular City Commission Meeting Meeting Minutes April 21, 2021 policies. She explained Barry University stated they would step in and help with the program. Commissioner Anderson stated she would like to partner with them and make this program come forward and see something happen. Commissioner Anderson requested information on the cost of putting this board together. New Mural Commissioner Anderson thanked the Hollywood Academy of Arts & Science and congratulated them for the beautiful artwork that their students did. Commissioner Anderson stated she assisted the board yesterday to help choose a new mural for downtown Hollywood. Visitors’ Complaints Commissioner Anderson states she was in downtown Hollywood on Sunday evening and many visitors were complaining about the loud and explicit music. She stated she now understands what business owners are talking about and she will be visiting more often to talk to business owners. Speeding Commissioner Anderson stated that on Monday afternoon, a child was killed on Ely Boulevard. She cannot state for certain whether speeding was involved. Nonetheless, the City still has a speeding problem in the City. Neighborhood Capital Improvement Program Commissioner Anderson requested that Anthony Grisby, Manager, Community Development Division, provide an update on the Neighborhood Capital Improvement Program. Anthony Grisby, Manager, Community Development Division, explained the Neighborhood Capital Improvement Program had emergencies that came up which had to be addressed first, which were mainly based on budgetary issues. The Neighborhood Capital Improvement Program will move forward in the future. Kite Day Commissioner Anderson stated that Kite Day is on April 24th from 12:00 PM to 4:00 PM at PAL’s field. Vaccinations Commissioner Anderson stated that District 2 will have a vaccine site coming in two weeks. She thanked Jamie Hernandez, Emergency Management Coordinator, for working so hard to make this happen. City of Hollywood Page 9 Regular City Commission Meeting Meeting Minutes April 21, 2021 Commissioner Callari left the meeting at 3:04 PM. 21. Mayor Levy Thank you Mayor Levy thanked the Commissioners for all their hard work and helping the City staff become aware of all the issues the residents have. Beach Plastics Mayor Levy spoke about the beach plastics ordinance will soon be going into effect. Mayor Levy stated he had a discussion with the President of the Beach Business Association on the education effort that Commissioner Callari had mentioned, in organizing a meeting with business owners and the suppliers, where suppliers can showcase the sustainable products available. Mayor Levy suggested that staff work with business owners in order to receive the best attendance possible for this event. Mayor Levy stated he also wanted to thank the Florida Beverage Association for their cooperation in promoting recycling and environmental stewardship. Commissioner Callari returned to the meeting at 3:05 PM. Paddleboards Mayor Levy stated he received an email from Christine Corbo suggesting dedicating one or two parking spaces in the parking garage for a paddleboard storage locker system. Vice Mayor Sherwood supported the request. Commissioner Callari asked about liability to the City to have a storage locker for residents to use. Douglas Gonzales, City Attorney, stated the use of the storage locker would be at the residents own risk. Commissioner Callari stated she does not know if this is the right time in eliminating parking spaces. Commissioner Shuham stated she likes the idea, but there are time restrictions for paddleboard use and there should be negotiations with the developer of the Hollywood Beach Culture and Community site. Commissioner Biederman suggested using the office at the garage to be converted into lockers and making the first floor parking permit only . However, there could be drawbacks because people paddle at different City of Hollywood Page 10 Regular City Commission Meeting Meeting Minutes April 21, 2021 locations. George Floyd Verdict Mayor Levy spoke about the George Floyd verdict and read a statement from the Broward County Police Chief's Association. 22. City Attorney Protano Property Douglas Gonzales, City Attorney, stated he is seeking authorization from the Commission to sue and enforce the Protano code enforcement order which was upheld on appeal. Commissioner Callari, Commissioner Biederman and Commissioner Anderson supported the request. Administrative Professionals Day Douglas Gonzales, City Attorney, stated today is Administrative Professionals day and he would like to thank his staff for their hard work and thanked all the Administrative Professionals in the City. 23. City Manager Administrative Professionals Day Dr. Wazir Ishmael, City Manager, thanked the Administrative Professionals in his office for all the work they do. OIC of South Florida Dr. Wazir Ishmael, City Manager, stated that the Economic Development team has finalized a memorandum of understanding along with OIC of South Florida to provide scholarships for qualified Hollywood residents to attend work skills training programs as part of Neighborhood Pride program. Hollywood Chamber of Commerce Dr. Wazir Ishmael, City Manager, stated the City is teaming up with the Hollywood Chamber of Commerce on Friday, April 30th from 11:30 AM to 1:00 PM via Zoom for a discussion with local business communities on preparing for potential disasters as well as upcoming hurricane season. Kite Day Dr. Wazir Ishmael, City Manager, stated Commissioner Anderson has teamed up with the Department of Parks, Recreation and Cultural Arts for Kite Day on April 24th from 12:00 PM to 4:00 PM at Boggs Field (PAL City of Hollywood Page 11 Regular City Commission Meeting Meeting Minutes April 21, 2021 field), 2310 N 23 Ave. Noise Ordinance Dr. Wazir Ishmael, City Manager, stated that beginning Saturday, May 1st, the City’s Code Compliance as well as the Police Department will begin enforcing the new noise ordinance that will be applicable to all residents and businesses. Beach Concerns Dr. Wazir Ishmael, City Manager, stated there were 65,000 people on the beach on Saturday and 80,000 people on the beach on Sunday. In the first three months of this year so far, the City has issued over 761 citations. Staff is working very hard and will continue to do our very best in order to get the job done. The Commission recessed at 3:27 PM and reconvened at 5:00 PM. All members of the Commission were present. 14. CITIZENS’ COMMENTS The following individuals expressed personal opinions/concerns: 1. Adrienne Barmann, 825 Washington Street 2. Drew Martin, 1015 North M Street 3. Bettina August, 2719 Bruce Terrace 4. Catherine Uden, 1120 Lyontree Street The City Clerk read comments submitted from the following individuals: 1. Sean Atkinson, 1106 N 31 Avenue 2. Lisette Di Sciascio, 3815 Cleveland Street 3. Mirela Popovici, 97 Juniper Road 4. Susan Carusso, 2741 NE 6 Avenue 5. Patrick Leclerc, 1636 Arthur Street 6. Laura Sapin, 1330 Jackson Street 7. Mike Gibaldi, 4780 Pine Tree Drive 8. Ariann Robino, 615 N 26 Avenue 9. Emily Hayner, 555 E Dania Beach Blvd. 10. Sylvia Meyer, 1520 Rodman Street 11. Samantha Kavanaugh, 1065 West Lake Street 16. Elizabeth Aguerre, 2720 Cleveland Street City of Hollywood Page 12 Regular City Commission Meeting Meeting Minutes April 21, 2021 24. The meeting adjourned at 5:31 PM. ______________________________ Patricia A. Cerny, MMC City Clerk Hollywood, Florida Approved on: _________________________ City of Hollywood Page 13

Agenda

Regular City Commission Meeting Wednesday, April 21, 2021 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 Linda Sherwood, Vice Mayor - District 6 Caryl Shuham, Commissioner - District 1 Linda Hill Anderson, Commissioner - District 2 Traci Callari, Commissioner - District 3 Adam Gruber, Commissioner - District 4 Kevin Biederman, Commissioner - District 5 Dr. Wazir Ishmael, City Manager Douglas R. Gonzales, City Attorney Patricia A. Cerny, City Clerk Regular City Commission Meeting Meeting Agenda - Final April 21, 2021 MEETING AND PUBLIC COMMENT PROCEDURE The City of Hollywood, Florida will be conducting a Regular City Commission meeting at 1:00 PM on Wednesday, April 21, 2021 in Room 219. Due to limited public access to Hollywood City Hall, 2600 Hollywood Blvd, Room 219, because of the risk to public health, the City is offering a number of options for members of the public to view and participate in the meeting. View Meeting Agenda: The April 21st agenda will be posted on the City’s website at the following location: https://hollywoodfl.legistar.com/Calendar.aspx and available by the end of the business day on Thursday, April 15th. Watch the Meeting: • City’s website: https://www.hollywoodfl.org/WatchMeeting • Comcast Channel 78 • ATT U-Verse Channel 99 There are two options for the public to provide comments on Agenda Items: • Submit comments via an online fillable form to be read into the record during the meetings; or • Register online to provide in-person comments during the meeting (capacity limits and social distancing requirements apply). Use the following link to register your in -person attendance or to submit a public comment: https://www.hollywoodfl.org/FormCenter/City-Clerk - 12/2Regular-City-Commission-Meeting-Public--230 or visit the City’s website homepage at https://www.hollywoodfl.org under City News The opportunity for public comments is available on all agenda items to be voted on by the Commission and under Citizen Comments. The opportunity for public comments is not available on Proclamations and Presentations. Submitted comments are limited to a 400 word maximum. Both submitted comments and registrations to participate in the meeting in -person must be received by 6:00 PM on Tuesday, prior to the City Commission Meeting. Due to capacity limitations and social distancing requirements, in-person participation requires: • Completion of online advance registration • Facial covering at all times when inside City Hall • Temperature check upon entering City Hall Staff will direct the public to the designated seating area where they will be able to listen to the meeting. Once the meeting begins and maximum indoor capacity is reached, no other members of the public will be allowed in the designated seating area. The City Clerk will call out the names of those wishing to address the City Commission in-person, at which time they will enter the Commission Chambers and address the Commission members. When finished, speakers should exit City Hall. In-person participants commenting on multiple items may return to the designated seating area and wait for their name to be called again. For additional information regarding the Regular City Commission Meeting, please contact Patricia A. Cerny, City Clerk, at 954-921-3211 or via email at pcerny@hollywoodfl.org. City of Hollywood Page 2 Regular City Commission Meeting Meeting Agenda - Final April 21, 2021 NOTES The Consent Agenda is comprised of items prepared by various offices and departments in the City. These items are routine and/or non-controversial in nature, and may be voted upon by the Commission in one motion as listed below. The regular agenda consists of items that must be discussed or that could be considered controversial, and are voted upon by the Commission individually. Agenda items not scheduled for a specific time may be considered at any time during the meeting, at the Commission’s discretion. However, time certain items will not be considered by the Commission earlier than the time listed for those items, although those items may be taken up at a later time. The following items on this agenda are time certain items. 1:00 PM - Item - 7 - 11 5:00 PM - Item - 14 1. Moment of Silence 2. Pledge of Allegiance 3. Recognition of Veterans, Active Service Personnel & Their Families 4. Roll Call CONSENT AGENDA (Items # 5 - 6) 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. DEPARTMENT OF DESIGN & CONSTRUCTION MANAGEMENT 5. R-2021-089 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute An Authorization To Proceed With Saltz Michelson Architects, Inc. For A Retroactive Payment Related To Additional Professional Architectural And Engineering Services For Construction Administration Of The New Fire Station No. 45 In The Amount Of $25,731.51, For A Total Contract Of $403,048.77 Attachments: Resolution Saltz Michelson Arch. - ATP 13 Final Retroactive - 3.2.21.doc ATP 13 & Backup - Saltz Michelson.pdf Final Statement - Saltz Michelson Architects_09-01-2020.pdf TermSheetATPSaltzMichaelsonRetroPaymentFireStat45.doc Strategic Plan Focus Area: Infrastructure & Facilities City of Hollywood Page 3 Regular City Commission Meeting Meeting Agenda - Final April 21, 2021 POLICE DEPARTMENT 6. R-2021-090 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Expenditure Of Law Enforcement Forfeiture Funds And Issuing A Purchase Order To Software House International For The Purchase Of Property, Evidence And Quartermaster Management Software, In An Estimated Amount Of $228,184.45, Based Upon The Omnia Public Partners Contract Number 2018011-02, In Accordance With Section 38.41(C)(5) Of The City’s Purchasing Ordinance; Amending The Fiscal Year 2021 Operating Budget. (Piggyback) Attachments: ResolutionRevised (1) Exhibit 1 Revised.pdf 21-02-24 - From Bornstein - To O'Brien - Property and Evidence Management Software 2021-02-24_8-26-01_Omnia Public Sector 2018011-02_SHI_Mesa_AZ Contrac1 Mesa Az_Council_Approval Budget Appropriations Request SHI Quote-20070539 Piggyback Checklist_SHI Corp.pdf Strategic Plan Focus Area: Public Safety 1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS 7. P-2021-15 Presentation To Recognize the 2021 Florida State Radon Awareness Poster Contest winners. Strategic Plan Focus Area: Public Safety 8. P-2021-16 Presentation By Sarah Hannah-Spurlock On Behalf Of The Florida City And County Management Association (FCCMA) Recognizing The City of Hollywood For 95 Years As A Council-Manager Form Of Government. Strategic Plan Focus Area: Communications & Civic Engagement 9. P-2021-17 A Proclamation In Recognition Of Muslim American Month, April 2021. Attachments: 04-21-21 Muslim American Heritage Month.docx Strategic Plan Focus Area: Communications & Civic Engagement 10. P-2021-18 A Proclamation In Recognition of Arbor Day Observed on Friday April 30, 2021. Attachments: 04-21-21-Arbor Day.doc Strategic Plan Focus Area: Resilience & Sustainability City of Hollywood Page 4 Regular City Commission Meeting Meeting Agenda - Final April 21, 2021 11. P-2021-19 A Proclamation In Recognition Of Earth Day, April, 22, 2021. Attachments: 04-21-21 Earth Day.doc Strategic Plan Focus Area: Resilience & Sustainability QUASI-JUDICIAL ITEM(S) (Rules of Procedure Attached to Agenda) 12. PO-2021-07 An Ordinance Of The City Of Hollywood, Florida, Vacating A Portion Of The Platted Alley Lying Within Block 58 Of The Plat Of “HOLLYWOOD”, Plat Book 1, Page 21; Providing A Severability Clause And A Repealer Provision. (VA-21-02) Attachments: EN21-056 Ordinance Block 58 vacation new application.doc Exhibit A Area to Vacate Sketch and Legal.pdf Location Map.pdf Survey.pdf Proposed Easement Sketch and Legal.pdf Site Plan.pdf O-2018-13.pdf First Reading Engineering Division Strategic Plan Focus Area: Economic Vitality ORDINANCE(S) 13. PO-2021-08 An Ordinance Of The City Of Hollywood, Florida, Amending The Zoning And Land Development Regulations To Establish Distance Separation Requirements Relating To Package Stores; Providing A Severability Clause. (21-T-02) Attachments: 2102_Ordinance_2021_0421.doc Attachment I_February 9, 2021 Planning and Development Board Staff Report.pdf First Reading Planning Division Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods 14. 5:00 PM CITIZENS’ COMMENTS (Total Time 30 Minutes) City of Hollywood Page 5 Regular City Commission Meeting Meeting Agenda - Final April 21, 2021 COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY MANAGER 15. Commissioner Callari, District 3 16. Commissioner Gruber, District 4 17. Commissioner Biederman, District 5 18. Vice Mayor Sherwood, District 6 19. Commissioner Shuham, District 1 20. Commissioner Anderson, District 2 21. Mayor Levy 22. City Attorney 23. City Manager 24. ADJOURNMENT City of Hollywood Page 6 Regular City Commission Meeting Meeting Agenda - Final April 21, 2021 Citizens' Comments shall be held on the Third Wednesday of each month at the Regular City Commission Meeting in the City Commission Chambers, Room 219, at 5:00 PM. Lobbyist registration is required if any person, firm or corporation is lobbying the City Commission on any petition or issue, pursuant to the Section 30.15 of the Code of Ordinances. Any person wishing to appeal any decision made by this Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and for such purposes may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is made. Two or more members of the same city board, commission, or committee, who are not of this Commission, may attend this meeting and may, at that time, discuss matters on which foreseeable action may later be taken by their board, commission or committee. Persons with disabilities who require reasonable accommodations to participate in City programs and/or services may call the Office of the City Manager five business days in advance at 954-921-3201 (voice). If an individual is hearing or speech impaired, please call 1-800-955-8771 (V-TDD). Disclosure of Real Estate Interests and Business Relationships - When an agenda item involves the use or development of land, each member of the City Commission, City Manager, Assistant City Manager(s), City Attorney, Deputy City Attorney, and the director and assistant director (s) of each City department/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, City Manager, Assistant City Manager(s), City Attorney, Deputy City Attorney, and the director and assistant director (s) of each City department/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 five 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 7 Regular City Commission Meeting Meeting Agenda - Final April 21, 2021 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 8 Regular City Commission Meeting Meeting Agenda - Final April 21, 2021 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 9 Regular City Commission Meeting Meeting Agenda - Final April 21, 2021 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 10 Regular City Commission Meeting Meeting Agenda - Final April 21, 2021 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 11 Regular City Commission Meeting Meeting Agenda - Final April 21, 2021 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 12

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