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Regular City Commission Meeting

Regular Meeting

Hollywood, FL · May 19, 2021

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Minutes

City of Hollywood Hollywood City Hall 2600 Hollywood Blvd Hollywood, FL 33020 http://www.hollywoodfl.org Meeting Minutes Wednesday, May 19, 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 May 19, 2021 . The Regular City Commission Meeting of the City of Hollywood, Florida, was called to order by Mayor Levy on Wednesday, May 19, 2021 at 1:10 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 Vice Mayor Sherwood, seconded by Commissioner Shuham, to adopt the Consent Agenda. The motion passed unanimously. (7-0) 5. R-2021-103 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute The 2021 Amendment To The Interlocal Agreement With Broward County Regarding Additional Local Option Gas Tax On Motor Fuel, And The 2021 Amendment To The Interlocal Agreement With Broward County Regarding Additional Local Option Gas Tax On Motor Fuel For Transit. ACTION: This Resolution was moved by Vice Mayor Sherwood, seconded by Commissioner Shuham and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 6. R-2021-104 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute A Blanket Purchase Agreement With Original Impressions To Provide Presort Mail & Fulfillment Services, Including Daily And Bulk Mail Services, In An Estimated Annual Amount Of $131,759.00. City of Hollywood Page 1 Regular City Commission Meeting Meeting Minutes May 19, 2021 ACTION: This Resolution was moved by Vice Mayor Sherwood, seconded by Commissioner Shuham and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 10. R-2021-108 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A First Amendment To The Agreement With Hope South Florida, Inc. To Revise The Scope Of Services. ACTION: This Resolution was moved by Vice Mayor Sherwood, seconded by Commissioner Shuham and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 11. R-2021-109 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute An Agreement With Ecosistema Urbano LLC. To Provide An Update To The City’s Comprehensive Plan For Phase I In The Lump Sum Amount Of $170,000.00; Amending The Fiscal Year 2021 Operating Budget. ACTION: This Resolution was moved by Vice Mayor Sherwood, seconded by Commissioner Shuham and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 12. R-2021-110 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute An Agreement With Public Trust Advisors, LLC To Provide Investment Management Services In An Estimated Total Amount Of $450,000.00 Over A Three Year Period; Amending the Fiscal Year 2021 Operating Budget. ACTION: This Resolution was moved by Vice Mayor Sherwood, seconded by Commissioner Shuham and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 14. R-2021-112 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue A Purchase Order With Bliss Products And Services, Inc. For The Purchase And Installation Of Playground Equipment, Safety Surfacing And Shade System At Cathy And Bob Anderson Park, A General Obligation Bond Project, In The Amount Of $281,099.00 Based Upon The School District Of Manatee County’s Bid No. MCSD No.21-0053-MR In Accordance With Section 38.41(C)(5) Of The Code Of Ordinances. (Piggyback) ACTION: This Resolution was moved by Vice Mayor Sherwood, seconded by Commissioner Shuham and adopted on the Consent Agenda. The motion passed unanimously. (7-0) City of Hollywood Page 2 Regular City Commission Meeting Meeting Minutes May 19, 2021 15. R-2021-113 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue A Purchase Order With Musco Lighting, Inc. For The Purchase And Installation Of A New LED Lighting System At Dowdy Field, A General Obligation Bond Project, In The Amount Of $205,000.00 Based Upon Clay County’s Bid No. 18/19-2 In Accordance With Section 38.41(C)(5) Of The Code Of Ordinances (Piggyback). ACTION: This Resolution was moved by Vice Mayor Sherwood, seconded by Commissioner Callari and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 16. R-2021-114 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue An Authorization To Proceed With Craven Thompson And Associates, Inc. For Surveying And Engineering Services For Stan Goldman Park In The Amount Of $160,230.00. ACTION: This Resolution was moved by Vice Mayor Sherwood, seconded by Commissioner Shuham and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 16A. P-2021-37A Proclamation in recognition of Alan Fallik, Deputy City Attorney. Mayor Levy read the proclamation in recognition of Alan Fallik, Deputy City Attorney, who will be retiring on May 27, 2021. Alan Fallik, Deputy City Attorney, accepted the proclamation and thanked Douglas Gonzales, City Attorney, and the City Commission for the recognition. 17. P-2021-30 A Proclamation in Recognition Of Safe Boating Week, May 22 - 28, 2021. Mayor Levy read the proclamation in recognition of Safe Boating Week, May 22-28, 2021. Lt. Raymond Milne, Coast Guard, accepted the proclamation and thanked the Commission for the recognition and encouraged all residents to practice safe boating. 18. P-2021-31 A Proclamation In Recognition Of Mental Health Awareness Month, May 19, 2021. Commissioner Gruber read the proclamation in recognition of Mental Health Awareness Month, May 19, 2021. City of Hollywood Page 3 Regular City Commission Meeting Meeting Minutes May 19, 2021 Jennifer Luciani, National Alliance of Mental Health, accepted the proclamation and thanked the Commission for the recognition. 19. P-2021-32 A Proclamation in Recognition of Historic Preservation Month May 2021. Vice Mayor Sherwood read the proclamation in recognition of Historic Preservation Month May 2021. Terry Cantrell, Historic Preservation Board Member, accepted the proclamation and thanked the Commission for the recognition. 20. P-2021-33 Presentation by Leslie Del Monte, Planning Manager, In Honor Of The 2021 Historic Preservation Award Recipients. Leslie Del Monte, Planning Manager, introduced Terry Cantrell, Historic Preservation Board Member. Terry Cantrell, Historic Preservation Board Member, presented the Historic Preservation person of the year award to Clive Taylor. Clive Taylor accepted the award and thanked the Commission for the recognition. Steve Toth and Terry Cantrell, Historic Preservation Board Members, read the commendation which resulted in various property owners being award for their work. 21. P-2021-34 A Proclamation In Recognition Of Haitian American Heritage Month, May 2021. Commissioner Biederman read the proclamation in recognition of Haitian American Heritage Month, May 2021. Deandrea Moise, Planning Administrator, accepted the proclamation and thanked the Commission for the recognition. 22. P-2021-35 A Proclamation In Recognition Of Asian American and Pacific Islander Heritage Month, May 2021. Commissioner Anderson read the proclamation in recognition of Asian American and Pacific Islander Heritage Month, May 2021. Feng Jiang, Public Utilities, accepted the proclamation and thanked the Commission for the recognition. City of Hollywood Page 4 Regular City Commission Meeting Meeting Minutes May 19, 2021 Commissioner Sherwood left the meeting at 2:12 PM. 23. PO-2021-05 An Ordinance Of The City Of Hollywood, Florida, Approving The Application Of The 5% Flexibility Rule (Residential To Commercial) To Approximately One Acre For The Property Located At 831 N. Highland Drive (3500 Building), Pursuant To The City Of Hollywood’s Comprehensive Plan And Policy 13.01.10 Of The Broward County Land Use Plan; Amending The City’s Land Use Map To Reflect The Change In Land Use Designation. (17-DFPSV-12) The Mayor announced the ordinance was advertised in conformance with Florida Statutes and City Codes. The public hearing was opened, and the City Clerk read the comment submitted from Bob Glickman, 3111 N Ocean Drive, who expressed personal opinions/concerns. There being no one further who wished to speak, the public hearing was declared closed. Discussion ensued among members of the Commission. Dr. Wazir Ishmael, City Manager, provided additional information. The City Clerk read the ordinance title on second and final reading. ACTION: Motion was made by Commissioner Anderson, which was seconded by Commissioner Biederman, to adopt on second and final reading the Ordinance. The motion on roll call vote carried: Aye: Commissioner Shuham Commissioner Anderson Commissioner Callari Commissioner Gruber Commissioner Biederman Mayor Levy Absent: Vice Mayor Sherwood Enactment No: O-2021-08 24. P-2021-36 Presentation By Leslie Del Monte, Planning Manager, Regarding The Historic Preservation Efforts Within The City. Leslie Del Monte, Planning Manager, provided a presentation regarding the Historic Preservation efforts within the City. Vice Mayor Sherwood returned to the meeting at 2:18 PM. Discussion ensued among staff and members of the Commission. City of Hollywood Page 5 Regular City Commission Meeting Meeting Minutes May 19, 2021 Commissioner Anderson left the meeting at 2:51 PM and returned at 2:52 PM. 25. P-2021-37 Presentation By Ricky Engle, Director Of Parks, Recreation And Cultural Arts, Regarding Final Report Of The Marketing And Positioning Study Of The ArtsPark By HVS Convention, Sports & Entertainment Facilities Consulting. Ricky Engle, Director of Parks, Recreation and Cultural Arts, introduced George Court, HVS. Mayor Levy passed the gavel to Vice Mayor Sherwood and left the meeting at 3:02 PM, he returned at 3:03 PM. Jorge Cotte, HVS, provided a presentation on the final report of the marketing and positioning study of the ArtsPark. Discussion ensued among staff and members of the Commission. Jose Cortes, Director of Design and Construction Management, provided additional information. Discussion ensued among staff, Mr. Cotte and members of the Commission. Commissioner Biederman left the meeting at 3:40 PM and returned at 3:41 PM. Vice Mayor Sherwood left the meeting at 3:42 PM and returned at 3:48 PM. 26. R-2021-115 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The “Andy’s Land” Plat, Being In The City Of Hollywood, Broward County, Florida, And Generally Located At The Southeast Corner Of State Road 7 And Orange Drive Adjacent To The South Florida Water Management District C-11/South Fork New River Canal. The City Attorney explained waiving the quasi-judicial procedures and Mayor Levy questioned if there were any objections to waiving them . There were no objections, and the quasi-judicial procedures were waived. Azita Behmardi, City Engineer, explained the intent of the resolution. Debbie Orshefsky, Attorney for the Applicant, provided a presentation of the proposed project. City of Hollywood Page 6 Regular City Commission Meeting Meeting Minutes May 19, 2021 ACTION: Motion was made by Vice Mayor Sherwood, which was seconded by Commissioner Gruber, to adopt the Resolution. On a voice vote the motion passed unanimously. (7-0) 27. R-2021-116 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending The One Year Action Plans For Federal Program Years 2013/2014, 2014/2015, 2015/2016, 2016/2017, 2017/2018 And 2020/2021 To Re-Allocate $389,496.52 Of Community Development Block Grant Funds And $669,926.75 Of Home Investment Partnerships Act Funds; Amending The Fiscal Year 2021 Adopted Operating Budget For The Special Programs Fund. Anthony Grisby, Community Development Manager, explained the intent of the resolution. Discussion ensued among staff and members of the Commission. George Keller, Deputy City Manager, responded to concerns raised by the Commission. The Mayor opened the public hearing; there being no one who wished to speak, the public hearing was declared closed. ACTION: Motion was made by Vice Mayor Sherwood, which was seconded by Commissioner Callari, to adopt the Resolution with an amendment to use some of the funds for homeless. On a voice vote the motion passed unanimously. (7-0) 7. R-2021-105 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Phase I Pre-Construction Services Agreement With Moss And Associates, LLC. For Construction Management At Risk Services Related To The New Police Headquarters, A General Obligation Bond Project, In An Amount Not To Exceed $165,288.00. Commissioner Shuham declared a voting conflict, as an attorney she represents Moss and Associates. Commissioner Shuham left the meeting at 4:17 PM. ACTION: Motion was made by Commissioner Callari, which was seconded by Commissioner Biederman, to adopt the Resolution. On a voice vote the motion passed 6-0. Commissioner Shuham declared a voting conflict. 8. R-2021-106 A Resolution Of The City Commission Of The City Of Hollywood, Florida, City of Hollywood Page 7 Regular City Commission Meeting Meeting Minutes May 19, 2021 Approving And Authorizing The Appropriate City Officials To Execute A Professional Services Agreement With RMGA, Inc., d/b/a Richard Mandell Golf Architecture, For Golf Course Architecture Consulting Services For The Hollywood Beach Golf Course and Clubhouse Project, A General Obligation Bond Project, In An Amount Not To Exceed $356,205.00. Commissioner Shuham returned to the meeting at 4:18 PM. Discussion ensued among members of the Commission. Jose Cortes, Director of Design and Construction Management, responded to questions raised by the Commission. Discussion ensued among staff and members of the Commission. Vivek Galav, Public Utilities Director, provided additional information. Discussion ensued among staff and members of the Commission. ACTION: Motion was made by Commissioner Shuham, which was seconded by Vice Mayor Sherwood, to adopt the Resolution. On a voice vote the motion passed unanimously. (7-0) 9. R-2021-107 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Professional Services Agreement With Bermello Ajamil & Partners, Inc. For Architectural/Engineering Consulting Services For The Hollywood Beach Golf Course and Clubhouse Project, A General Obligation Bond Project, In An Amount Not To Exceed $780,325.00. ACTION: Motion was made by Commissioner Shuham, which was seconded by Vice Mayor Sherwood, to adopt the Resolution. On a voice vote the motion passed unanimously. (7-0) 13. R-2021-111 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 Highest Ranked Bidder, Juniper Landscaping Of Florida, LLC For Athletic Field Maintenance In An Amount Not To Exceed $400,000.00. Richard Weiner, AFSCME 2473 Attorney, expressed personal opinions/concerns. Discussion ensued among members of the Commission. George Keller, Deputy City Manager, responded to concerns raised. City of Hollywood Page 8 Regular City Commission Meeting Meeting Minutes May 19, 2021 Discussion ensued among staff and members of the Commission. Douglas Gonzales, City Attorney, responded to concerns raised by the Commission. ACTION: Motion was made by Commissioner Biederman, which was seconded by Commissioner Callari, to adopt Resolution with an amendment to have a performance clause in the contract. On a voice vote the motion passed 6-1. Commissioner Anderson was opposed. 29. Commissioner Biederman, District 5 Salute to the Fallen Commissioner Biederman stated there will be a “Salute to the Fallen” event on May 31st at the Boulevard Heights Community Center. The Elks Club and American Legion members will be providing music and food for this event. The Elks Club also dropped off hats for the City Commission as well as cookies for everyone. 30. Vice Mayor Sherwood, District 6 Building Permits Vice Mayor Sherwood stated that she has received many complaints with regards to residential permits as the process is taking a long time for the City to issue the permits. Shiv Newaldass, Director of Development Services, stated there are changes being made to the permit application to include property owner information. This will allow property owners to be made aware of every step in the permit process for their particular permit application. Memorial Day Vice Mayor Sherwood wished everyone a wonderful Memorial Day weekend. 31. Commissioner Shuham, District 1 ArtsPark Event Commissioner Shuham stated the New World Symphony will be at ArtsPark this Saturday night at 8:30 PM, hope everyone will attend. Plastic Free Ordinance Commissioner Shuham stated there is a problem with businesses on the City of Hollywood Page 9 Regular City Commission Meeting Meeting Minutes May 19, 2021 barrier island not complying with the plastic free ordinance. Commissioner Shuham stated Elaine Franklin, Sustainability Coordinator, will be making a presentation to the Hollywood Beach Business Association on July 22, 2021 regarding compliant materials. The City needs to educate and enforce the barrier island plastic ordinance. She suggested having a business workshop with anyone interested in compliant materials, and maybe do something in conjunction with the Chamber of Commerce. Planned Developments Commissioner Shuham stated there have been some proposed text amendments for planned developments which came before the Planning & Development Board. Residents were concerned that they did not have an opportunity to be educated on the proposals. City staff has set up several meetings for residents, a virtual meeting will be on Monday, May 24th at 6:00 PM to address these concerns. 32. Commissioner Anderson, District 2 Attucks Pool Commissioner Anderson stated Attucks Pool will be open for the summer, however, she does not like the current schedule of Monday through Thursday from 4:00 PM to 8:00 PM. Commissioner Anderson stated she would like Commission support to add a Saturday from 10:00 AM to 8:00 PM to the schedule. In addition, to have a side entrance made available so residents do not have to go through the school to get to the pool. Commissioner Shuham, Commissioner Gruber, Vice Mayor Sherwood and Mayor Levy supported the request. Clean-Up Day Commissioner Anderson stated there will be a clean-up day on 20th Avenue and Garfield Street on Saturday, May 22nd. Commissioner Anderson stated she also received complaints about the railroad track needing to be cleaned up. Operation Paintbrush Commissioner Anderson announced that on Saturday is Operation Paintbrush and the City will be giving out paint at 1600 Park Road from 9:00 AM to 12:00 PM. 33. Commissioner Callari, District 3 Apology City of Hollywood Page 10 Regular City Commission Meeting Meeting Minutes May 19, 2021 Commissioner Callari apologized for not being at the meeting in person, and thanked everyone for allowing her to participate via Zoom. Seminole Gaming Compact Commissioner Callari mentioned her visit to Tallahassee regarding the Seminole Gaming Compact, but will leave the details for Mayor Levy to provide. Stan Goldman Park Commissioner Callari stated there are homeless encampments and other issues at Stan Goldman Park. City staff is working on various solutions, but most solutions involve funding. She stated she reached out to MacArthur High School horticulture center to have a volunteer class project with the City at the park. Mayor Levy and Vice Mayor Sherwood supported the request. Youth Ambassador Program Commissioner Callari stated three graduating Youth Ambassadors are coming at 5:00 PM for Citizens Comments to be recognized, receive their sashes and certificates of completion, along with their award of $1,000.00 for their two year committment. 34. Commissioner Gruber, District 4 Flooding Commissioner Gruber stated the rain over the last few weeks has brought forward concerns about having short term flooding solutions. One of the main areas is the Preserve in Emerald Hills and some pockets in Driftwood that are really bad. He asked for an update on what is planned for a short term solution. Lighting Commissioner Gruber asked Gus Zambrano, Assistant City Manager for Sustainable Development, about the installation of LED lights in Emerald Hills and what the timeline is, so this information can be made available to the residents. Commissioner Gruber stated at Casper Court and Keyser Avenue the trees are blocking the lights and need to be trimmed, he questioned who is responsible for trimming trees. Dr. Wazir Ishmael, City Manager, stated it depends on the locations of who is responsible for trimming the trees. Mayor Levy requested Pete Bieniek, Director of Public Works, provide information about the process and schedules of the tree trimming. City of Hollywood Page 11 Regular City Commission Meeting Meeting Minutes May 19, 2021 Pete Bieniek, Director of Public Works, explained the City trims trees for safety issues and informs residents if they need to trim their trees. 35. Mayor Levy Loud Noise Mayor Levy states there is loud music on the beach between Nicks Bar and the Bandshell, which violates the City’s noise ordinance. The owners need to be informed of the noise ordinance. Boggs Field and Dowdy Field Mayor Levy stated residents want to use City fields such as Boggs Field and Dowdy Field but the fields are closed to residents. Mayor Levy requested Commission support to allow public access for residents to these fields and not just for groups that are renting these fields . Commissioner Gruber agreed. Mayor Levy requested Commission support to have staff contact Broward Public Schools to see what other fields are available for public use, what the opportunities are for discussion. Commissioner Gruber and Vice Mayor Sherwood supported this request. Seminole Gaming Compact Mayor Levy provided an update on the Seminole Gaming Compact and how there were provisions that altered the local shares of all the cities surrounding the Seminole Indian Reservation. Specifically, it altered the City of Hollywood’s shares from 55% to 35% and increased the Town of Davie from 10% to 30%, at Hollywood’s expense. Clearly this hurts the City of Hollywood, as the City surrounds the Indian Reservation by 78%. Mayor Levy stated he, the City Manager and Commissioner Callari immediately went to work to educate everyone on what the factors were . The end result was that the City was able to alter the bill language to reduce the Town of Davie’s share to 22.5% and increase the City of Hollywood’s share to 42.5%. 36. City Attorney Executive Session Douglas Gonzales, City Attorney, announced pursuant to Florida Statute 286.011 (8)(a), a virtual executive session would be held on Wednesday, June 9, 2021 at 1:30 PM. regarding Christopher Jones v. City of Hollywood litigation. Attending the session will be the Mayor, City of Hollywood Page 12 Regular City Commission Meeting Meeting Minutes May 19, 2021 Commissioners, City Manager, City Attorney and Chief Litigation Counsel John Wien. Elks Club Douglas Gonzales, City Attorney, stated the hats received from the Elks Club are of de minimis value and do not need to be reported. 37. City Manager Granicus Host Compliance Dr. Wazir Ishmael, City Manager, stated that the City is working with Granicus in order to capture all of the short term or vacation rentals that are active in the City to make sure they are in compliance. ArtsPark Event Dr. Wazir Ishmael, City Manager, announced this week’s movie at the ArtsPark is “Jurassic World Animal Kingdom” will be playing on Friday night at 8:00 PM. Covid 19 Pandemic & Vaccines Dr. Wazir Ishmael, City Manager, stated that the COVID 19 pandemic is not over, but things are getting better. The Florida Department of Health in partnership with Broward County Public Schools is providing the second round of free vaccination to students, staff and families for ages starting 12 years old with the intention of getting as many people vaccinated as possible beginning May 25th. Reminder Broward County will be closing TY Park for vaccinations after Saturday, May 22, 2021. Annual Flushing Dr. Wazir Ishmael, City Manager, stated the Department of Public Utilities is doing their annual flushing program by adding additional chlorine in the line. The flushing helps rid the water pipelines of any sediments, flushing may temporarily cause cloudy water, which should clear in a few hours. Retirement Dr. Wazir Ishmael, City Manager, thanked Alan Fallik, Deputy City Attorney, for his service to the City. He wished him well on his retirement and stated that he will be missed. 28. CITIZENS’ COMMENTS The following individuals expressed personal opinions/concerns: 1. Danielle Miller, Hollywood Youth Ambassador Member City of Hollywood Page 13 Regular City Commission Meeting Meeting Minutes May 19, 2021 2. Caitlyn Morales, Hollywood Youth Ambassador Member 3. Jeremy Acaba, Hollywood Youth Ambassador Member The City Clerk read the comments submitted from the following who expressed personal opinions/concerns: 1. Shaun Tillotson, 2110 N 41 Avenue 2. Cat Uden, 1120 Lyontree Street 3. Bob Glickman, 3111 N Ocean Drive 38. The meeting adjourned at 5:37 PM. ______________________________ Patricia A. Cerny, MMC City Clerk Hollywood, Florida Approved on: _________________________ City of Hollywood Page 14

Agenda

Regular City Commission Meeting Wednesday, May 19, 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 May 19, 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, May 19, 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 May 19th 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, May 13th. 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--236 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 May 19, 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 - Items - 17 - 22 1:15 PM - Item - 23 1:30 PM - Item - 24 1:45 PM - Item - 25 5:00 PM - Item - 28 1. Moment of Silence 2. Pledge of Allegiance 3. Recognition of Veterans, Active Service Personnel & Their Families 4. Roll Call CONSENT AGENDA (Items # 5 - 16) If a citizen wishes to comment on a specific item, he/she should submit a comment card to the City Clerk before the Commission approves the consent agenda. City of Hollywood Page 3 Regular City Commission Meeting Meeting Agenda - Final May 19, 2021 OFFICE OF BUDGET AND PERFORMANCE MANAGEMENT 5. R-2021-103 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute The 2021 Amendment To The Interlocal Agreement With Broward County Regarding Additional Local Option Gas Tax On Motor Fuel, And The 2021 Amendment To The Interlocal Agreement With Broward County Regarding Additional Local Option Gas Tax On Motor Fuel For Transit. Attachments: Gas Tax Reso.docx Exhibit 1 - Amendment Three-Cent - Hollywood.pdf Exhibit 2 - Transit Tax Amendment Hollywood.pdf 2021 Gas Tax Term Sheet.doc Strategic Plan Focus Area: Financial Management & Administration OFFICE OF THE CITY CLERK 6. R-2021-104 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute A Blanket Purchase Agreement With Original Impressions To Provide Presort Mail & Fulfillment Services, Including Daily And Bulk Mail Services, In An Estimated Annual Amount Of $131,759.00. Attachments: 2021 Mailing Services Resolution-Original Impressions.docx Original Impressions bid submittal.pdf Original Impressions Draft BPO.pdf Solicition Request Form.pdf termailservices Strategic Plan Focus Area: Financial Management & Administration DEPARTMENT OF DESIGN & CONSTRUCTION MANAGEMENT 7. R-2021-105 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Phase I Pre-Construction Services Agreement With Moss And Associates, LLC. For Construction Management At Risk Services Related To The New Police Headquarters, A General Obligation Bond Project, In An Amount Not To Exceed $165,288.00. Attachments: Resolution to Award CMAR for New Police HQ.DOC Exhibit A Moss CMARPhaseIPreConstruction Agreement.pdf Fee Schedule - Moss CMAR Phase I.pdf Certificates of Insurance.pdf R-2021-031 Ranking - Executed.pdf TermSheetMossAssociatesCMARPhase1PDHeadquarters.doc GOB Project Strategic Plan Focus Area: Infrastructure & Facilities City of Hollywood Page 4 Regular City Commission Meeting Meeting Agenda - Final May 19, 2021 8. R-2021-106 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Professional Services Agreement With RMGA, Inc., d/b/a Richard Mandell Golf Architecture, For Golf Course Architecture Consulting Services For The Hollywood Beach Golf Course and Clubhouse Project, A General Obligation Bond Project, In An Amount Not To Exceed $356,205.00. Attachments: RESO - Richard Mandell GCA Agreement.doc HBGC Contract for Consulting_Professional Services Richard Mandell.D0C (....docx HBGC RMGA Proposal FINAL.pdf COI - RMGA .pdf RMGA Workers Comp Exemption Letter.pdf R-2021-022 Ranking Approval.pdf TermSheetRMGAtHBGCGolfArchitectProfSvcAg.doc GOB Project Strategic Plan Focus Area: Infrastructure & Facilities 9. R-2021-107 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Professional Services Agreement With Bermello Ajamil & Partners, Inc. For Architectural/Engineering Consulting Services For The Hollywood Beach Golf Course and Clubhouse Project, A General Obligation Bond Project, In An Amount Not To Exceed $780,325.00. Attachments: Resolution - Bermello Design ContractHBGC.doc Exhibit A - BA Proposal & Rate Schedule.pdf Professional Services Agreement - HBGC- BA (FINAL).doc .pdf Certificate of Insurance.pdf R-2021-021 - Ranking Approval .pdf TermSheetContractArchitecturalEngineeringServicesHBGCBermello.doc GOB Project Strategic Plan Focus Area: Infrastructure & Facilities COMMUNITY DEVELOPMENT DIVISION 10. R-2021-108 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A First Amendment To The Agreement With Hope South Florida, Inc. To Revise The Scope Of Services. Attachments: RESO HSF Emerg Services 2021REVD2.DOC First Amendment HSF EmergServ ExhibitA April2021D2.doc TermSheetFIRSTAMENDMENTHOPESOUTHCDBGREVSCOPESERVICES.doc Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods City of Hollywood Page 5 Regular City Commission Meeting Meeting Agenda - Final May 19, 2021 PLANNING DIVISION 11. R-2021-109 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute An Agreement With Ecosistema Urbano LLC. To Provide An Update To The City’s Comprehensive Plan For Phase I In The Lump Sum Amount Of $170,000.00; Amending The Fiscal Year 2021 Operating Budget. Attachments: 1923_ Resolution _2021_0519.DOCX EXHIBIT 1 - Agreement EXHIBIT 2 - Budget Amendment.pdf ATTACHMENT A_ECOSISTEMA URBANO LLC PROPOSAL.pdf ATTACHMENT B_RFQ DOCUMENTS.pdf TermSheetEcosistmaUrbanoCityComprehensivePlanupdate.doc Strategic Plan Focus Area: Resilience & Sustainability DEPARTMENT OF FINANCIAL SERVICES 12. R-2021-110 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute An Agreement With Public Trust Advisors, LLC To Provide Investment Management Services In An Estimated Total Amount Of $450,000.00 Over A Three Year Period; Amending the Fiscal Year 2021 Operating Budget. Attachments: Resolution - Investment Management Services 2021.docx Exhibit 1.pdf RFQ_for_Investment_Management_Services_BidSync_Complete (3).docx Chandler Proposal to City of Hollywood.pdf PFM's Proposal Response to the City of Hollywood's Investment Management....pdf Public Trust Proposal for Hollywood RFQ 4659-21-PB.PDF Investment RFQ RANKING.xlsx Investment Management RFQ Term Sheet.pdf Strategic Plan Focus Area: Financial Management & Administration DEPARTMENT OF PARKS, RECREATION & CULTURAL ARTS 13. R-2021-111 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 Highest Ranked Bidder, Juniper Landscaping Of Florida, LLC For Athletic Field Maintenance In An Amount Not To Exceed $400,000.00. Attachments: Reso - Ath Field Maintenance.docx Juniper Landscaping of Florida, LLC COI.pdf Packet_for_Bid_F-4664-21-RL.PDF Tabulation_Packet_for_F-4664-21-RL.PDF bid_F-4664-21-RL_-_Athletic_Field_Maintenance_Line_Item_Tab_Report.pdf Eval Checklist.docx Term Sheet - Juniper Landscaping of Florida, LLC.doc Strategic Plan Focus Area: Infrastructure & Facilities City of Hollywood Page 6 Regular City Commission Meeting Meeting Agenda - Final May 19, 2021 14. R-2021-112 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue A Purchase Order With Bliss Products And Services, Inc. For The Purchase And Installation Of Playground Equipment, Safety Surfacing And Shade System At Cathy And Bob Anderson Park, A General Obligation Bond Project, In The Amount Of $281,099.00 Based Upon The School District Of Manatee County’s Bid No. MCSD No.21-0053-MR In Accordance With Section 38.41(C)(5) Of The Code Of Ordinances. (Piggyback) Attachments: Resolution for Cathy & Bob Anderson Park PO_300000006748571_PFY-2104905_0(1) Cathy & Bob Anderson Park_Piggyback Checklist Piggyback Request Form - Bliss Products and Services, Inc_COMPLETE Term Sheet - Bliss Products and Services.doc GOB Project Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods 15. R-2021-113 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue A Purchase Order With Musco Lighting, Inc. For The Purchase And Installation Of A New LED Lighting System At Dowdy Field, A General Obligation Bond Project, In The Amount Of $205,000.00 Based Upon Clay County’s Bid No. 18/19-2 In Accordance With Section 38.41(C)(5) Of The Code Of Ordinances (Piggyback). Attachments: Reso - GOB Dowdy Pk_MUSCO SPORTS LIGHTING Piggyback Request Form - Musco Sports Lighting LLC_APPROVED 20-1689 Field Lighting Comp. Exemption Form_Dept Term Sheet - Musco Lighting, Inc..doc GOB Project Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods 16. R-2021-114 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue An Authorization To Proceed With Craven Thompson And Associates, Inc. For Surveying And Engineering Services For Stan Goldman Park In The Amount Of $160,230.00. Attachments: Reso - Stan Goldman Park - Craven Thompson 04.28.2021 Proposal Stan Goldman Park_04.28.2021 R-2018-400.pdf Craven Thompson Contract - SIGNED Term Sheet - Craven Thopson and Associates - Stan Goldman Park.doc Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods City of Hollywood Page 7 Regular City Commission Meeting Meeting Agenda - Final May 19, 2021 1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS 17. P-2021-30 A Proclamation in Recognition Of Safe Boating Week, May 22 - 28, 2021. Attachments: 05-19-21 Natl Safe Boating Wk.doc Strategic Plan Focus Area: Communications & Civic Engagement 18. P-2021-31 A Proclamation In Recognition Of Mental Health Awareness Month, May 19, 2021. Attachments: 05-19-21 Mental Health Awareness Month.docx Strategic Plan Focus Area: Communications & Civic Engagement 19. P-2021-32 A Proclamation in Recognition of Historic Preservation Month May 2021. Attachments: 05-19-21 Natl Historic Preservation - Copy.doc Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods 20. P-2021-33 Presentation by Leslie Del Monte, Planning Manager, In Honor Of The 2021 Historic Preservation Award Recipients. Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods 21. P-2021-34 A Proclamation In Recognition Of Haitian American Heritage Month, May 2021. Attachments: 05-19-21 Haitian American Heritage Month.doc Strategic Plan Focus Area: Communications & Civic Engagement 22. P-2021-35 A Proclamation In Recognition Of Asian American and Pacific Islander Heritage Month, May 2021. Attachments: 05-19-21 Asian American and Pacific Islander Heritage Month.doc Strategic Plan Focus Area: Communications & Civic Engagement City of Hollywood Page 8 Regular City Commission Meeting Meeting Agenda - Final May 19, 2021 1:15 PM TIME CERTAIN ITEM(S) 23. PO-2021-05 An Ordinance Of The City Of Hollywood, Florida, Approving The Application Of The 5% Flexibility Rule (Residential To Commercial) To Approximately One Acre For The Property Located At 831 N. Highland Drive (3500 Building), Pursuant To The City Of Hollywood’s Comprehensive Plan And Policy 13.01.10 Of The Broward County Land Use Plan; Amending The City’s Land Use Map To Reflect The Change In Land Use Designation. (17-DFPSV-12) Attachments: Ordinance_3500 Building_2021_0407.doc Exhibit A.pdf Attachment I_February 9,2021 Planning and Development Board Staff Report and Backup.pdf Second Reading Advertised Public Hearing Community Development Division Strategic Plan Focus Area: Economic Vitality 1:30 PM TIME CERTAIN ITEM(S) 24. P-2021-36 Presentation By Leslie Del Monte, Planning Manager, Regarding The Historic Preservation Efforts Within The City. Planning Division Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods 1:45 PM TIME CERTAIN ITEM(S) 25. P-2021-37 Presentation By Ricky Engle, Director Of Parks, Recreation And Cultural Arts, Regarding Final Report Of The Marketing And Positioning Study Of The ArtsPark By HVS Convention, Sports & Entertainment Facilities Consulting. Department of Parks, Recreation & Cultural Arts Strategic Plan Focus Area: Economic Vitality City of Hollywood Page 9 Regular City Commission Meeting Meeting Agenda - Final May 19, 2021 QUASI-JUDICIAL ITEM(S) (Rules of Procedure Attached to Agenda) 26. R-2021-115 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The “Andy’s Land” Plat, Being In The City Of Hollywood, Broward County, Florida, And Generally Located At The Southeast Corner Of State Road 7 And Orange Drive Adjacent To The South Florida Water Management District C-11/South Fork New River Canal. Attachments: EN21-055 Resolution Andy's Land Plat.doc Exhibit A - ANDY'S LAND - Full Plat for City Commission 4-6-21.pdf Exhibit B - County (002-MP-21) Revised DRR.pdf Site Plan 2021.04.09_Harbor.Landings_TAC_Arch_rev3.pdf Engineering Division Strategic Plan Focus Area: Economic Vitality REGULAR AGENDA 27. R-2021-116 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending The One Year Action Plans For Federal Program Years 2013/2014, 2014/2015, 2015/2016, 2016/2017, 2017/2018 And 2020/2021 To Re-Allocate $389,496.52 Of Community Development Block Grant Funds And $669,926.75 Of Home Investment Partnerships Act Funds; Amending The Fiscal Year 2021 Adopted Operating Budget For The Special Programs Fund. Attachments: Reso CDBG-HOME Amendment 2 REV..doc Exhibit 1 Pre-2015 CDBG HOME exhibit.pdf Community Development Division Advertised Public Hearing Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods 28. 5:00 PM CITIZENS’ COMMENTS (Total Time 30 Minutes) City of Hollywood Page 10 Regular City Commission Meeting Meeting Agenda - Final May 19, 2021 COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY MANAGER 29. Commissioner Biederman, District 5 30. Vice Mayor Sherwood, District 6 31. Commissioner Shuham, District 1 32. Commissioner Anderson, District 2 33. Commissioner Callari, District 3 34. Commissioner Gruber, District 4 35. Mayor Levy 36. City Attorney 37. City Manager 38. ADJOURNMENT City of Hollywood Page 11 Regular City Commission Meeting Meeting Agenda - Final May 19, 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 12 Regular City Commission Meeting Meeting Agenda - Final May 19, 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 13 Regular City Commission Meeting Meeting Agenda - Final May 19, 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 14 Regular City Commission Meeting Meeting Agenda - Final May 19, 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 15 Regular City Commission Meeting Meeting Agenda - Final May 19, 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 16 Regular City Commission Meeting Meeting Agenda - Final May 19, 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 17

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