Regular City Commission Meeting

Regular City Commission Meeting Wednesday, June 2, 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-revised June 2, 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, June 2, 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 June 2nd 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 27th. 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--240 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-revised June 2, 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 15 1:15 PM - Item 16 - 17 1:30 PM - Item 18 - 19 1:45 PM - Item 24 1. Moment of Silence 2. Pledge of Allegiance 3. Recognition of Veterans, Active Service Personnel & Their Families 4. Roll Call CONSENT AGENDA (Items # 5 - 14) If a citizen wishes to comment on a specific item, he/she should submit a comment card to the City Clerk before the Commission approves the consent agenda. OFFICE OF BUDGET & PERFORMANCE MANAGEMENT 5. R-2021-131 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending The Fiscal Year 2021 Operating Budgets Of Various Funds As Adopted And Approved By Resolution R-2020-232; Amending The Fiscal Year 2021 Capital Improvement Plan As Adopted And Approved By Resolution R-2020-233. Attachments: Reso-Budget Amendment.docx Exhibit 1 - 7 revised.pdf Strategic Plan Focus Area: Financial Management & Administration City of Hollywood Page 3 Regular City Commission Meeting Meeting Agenda - Final-revised June 2, 2021 OFFICE OF THE CITY MANAGER 6. R-2021-132 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Recognizing And Embracing Its Diverse Cultural And Ideological History And Welcoming Residents And Visitors Of All Backgrounds And Beliefs. Attachments: IMMIGRATION Draft Reso v2_AR.docx Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods 7. R-2021-133 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Payment Of Additional Fees To GrayRobinson, P.A. For Additional Specialized Lobbying Services Pertaining To The Seminole Compact And 2021 Special Legislative Session In The Additional Amount Not To Exceed $10,000.00. Attachments: Resolution - Gray Robinson Seminole Compact Engagement Engagement Letter - City of Hollywood 5.10.2021 tergrayrobinsonseminolecompact Strategic Plan Focus Area: Financial Management & Administration OFFICE OF COMMUNICATIONS, MARKETING AND ECONOMIC DEVELOPMENT 8. R-2021-134 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving An Amended Job Creation Schedule For Shiji US Inc., Formerly Known As Confidential “Project Palladium”, A Qualified Target Industry Business Pursuant To Section 288.106, Florida Statutes. Attachments: Reso - Project Palladium QTI Extension.docx Exhibit A.pdf FINAL IMPLAN Analysis -Project Palladium Revised +1-yr job move Ind 546 ....pdf Strategic Plan Focus Area: Economic Vitality City of Hollywood Page 4 Regular City Commission Meeting Meeting Agenda - Final-revised June 2, 2021 BUILDING DIVISION 9. R-2021-135 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The First Renewal Of The Amendment To The Existing AST Master Services Agreement For The Oracle Enterprise Resource Planning Software (Previously Approved By Resolution No. R-2020-024) For The Oracle Community Development Suite Software For The Department Of Development Services Building Division In An Amount Not To Exceed $744,775.00; Authorizing The Appropriate City Officials To Execute A First Amendment To The Amendment Of The Existing AST Master Services Agreement For The Revision To The Payment Schedule And Performance Period For The Project. Attachments: Renew Oracle Resolution.docx FIRST AMEND TO AST AMENDMENT MAY112021& Exhibit C.DOC Cover Letter - Payment Schedule Revision (005).pdf 2020 Amended MSA_SOW_Ordering Doc_Fees.pdf R-2020-024.pdf 2017 Master Services Agreement - Ordering Document.pdf R-2017-265.pdf TermSheetOracleAmendmentASTMSABestInterestFirstRenewal.doc Strategic Plan Focus Area: Public Safety DEPARTMENT OF PARKS, RECREATION & CULTURAL ARTS 10. R-2021-136 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue A Purchase Order With Everglades Equipment Group For The Purchase Of Golf Course Equipment For Orangebrook Golf And Country Club In The Amount Of $230,649.10 Based Upon The Sourcewell Contract # 062117-DAC In Accordance With Section 38.41(C)(5) Of The Code Of Ordinances (Piggyback). Attachments: Reso - Everglades Equipment Group 5.4.21.docx Everglades Piggyback Form_APPROVED.PDF Term Sheet - Everglades Equipment Group - Orangebrook.doc Strategic Plan Focus Area: Infrastructure & Facilities City of Hollywood Page 5 Regular City Commission Meeting Meeting Agenda - Final-revised June 2, 2021 POLICE DEPARTMENT 11. R-2021-137 A Resolution Of The City Commission Of The City of Hollywood, Florida, Authorizing A Donation Of Law Enforcement Forfeiture Funds Pursuant To Florida’s Contraband Forfeiture Act In The Amount Of $125,000.00 To Support The Continued Safe Neighborhood And Crime Prevention Programs; Amending The Fiscal Year 2021 Operating Budget (R-2020-232). Attachments: Resolution.doc Exhibit 1.pdf Boys and Girls Club Application.pdf Hispanic Unity of Florida Application.pdf Hollywood Art and Culture Center Application.pdf Kids in Distress Application.pdf The Police Athletic League of Hollywood Application.pdf YMCA Application.pdf Strategic Plan Focus Area: Public Safety 12. R-2021-138 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Expenditure Of Law Enforcement Forfeiture Funds (State) And Issuing A Purchase Order To Sirocco Marine For The Purchase Of One Inflatable 28 Foot Marine Patrol Vessel And All Other Necessary Equipment In An Estimated Amount Of $180,000.00; Amending The Fiscal Year 2021 Operating Budget. Attachments: Resolution - Sirocco Marine - PD Vessel.doc Exhibit 1.pdf F-4661-21-JE Bid Evaluation Form3.8.21 (002) Police_Vessel_Bid_Award_Justification_Memo-2021_Final_1 Solicitation Request Form 10.5.15_Signed.pdf Zodiac Milpro.pdf Ribcraft.pdf Sirocco Marine Ft. Lauderdale.pdf 880SI Patrol F-4661-21-JE.xls TDS SRR-870 EN REV 0.pdf Term Sheet (Bid) Strategic Plan Focus Area: Public Safety City of Hollywood Page 6 Regular City Commission Meeting Meeting Agenda - Final-revised June 2, 2021 13. R-2021-139 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue A Blanket Purchase Order To Galls, LLC For The Purchase Of Police Uniforms In An Estimated Annual Amount Of $150,000.00, Based On Tampa Police Department Contract Number 81100920, In Accordance With Section 38.41(C)(5) Of The Code Of Ordinances (Piggyback). Attachments: Resolution 5-6-21 - revised.docx Galls_Warranty Info.pdf PA600348 (DRAFT)Galls Inc - Police Uniforms.pdf Piggyback Checklist_Galls_033121.pdf Tampa Police Department-Consent Agenda signed.pdf Tampa Police Department - RFP #81100920- Galls LLC Bid Response.pdf Term Sheet (Piggyback).doc Strategic Plan Focus Area: Public Safety DEPARTMENT OF PUBLIC UTILITIES 14. R-2021-140 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Issue A Letter Of Commitment To FDOT To Support And Fund The Design And Construction Of Storm Water Pump Stations Located On A1A Near Franklin Street In The Amount Of $2.21 Million. Attachments: 00 Resolution - A1A Letter of Commitment to FDOT.docx Franklin St Pump Station Data.pdf Strategic Plan Focus Area: Infrastructure & Facilites 1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS 15. P-2021-38 A Proclamation In Recognition of The 7th National Gun Violence Awareness Day. June 4, 2021. Attachments: 06-02-21 Natl Gun Violence Awareness Day.docx Strategic Plan Focus Area: Public Safety 1:15 PM TIME CERTAIN ITEM 16. P-2021-39 Presentation By Marty Kiar, Broward County Property Appraiser, Regarding Property Values In Hollywood. Office of the City Clerk Strategic Plan Focus Area: Financial Management & Administration City of Hollywood Page 7 Regular City Commission Meeting Meeting Agenda - Final-revised June 2, 2021 17. 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 Second Reading No Changes Since First Reading Advertised Public Hearing Planning Division Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods 1:30 PM TIME CERTAIN ITEM 18. PO-2021-09 An Ordinance Of The City Of Hollywood, Florida, Amending The City's Comprehensive Plan By Changing The Land Use Designation For Property Located At 2609 North 26th Avenue And The Adjacent Parcels To The North And West, 200 & 300 Oakwood Lane, 1 Oakwood Boulevard And The Adjacent Parcel To The South, 2, 2800, 2900, 2906, 2908-2914, 2940, 3000, 3120, 3215, 3350, 3401, 3501-3881, 3800, 3901-3921, 4001-4101, 4100, And 4150 Oakwood Boulevard, 2700 Stirling Road, And Oakwood Boulevard, Generally Located South Of Stirling Road And East Of Interstate 95 From The Land Use Designation Of General Business And Open Space And Recreation To Activity Center (Oakwood Activity Center); Amending The City’s Land Use Map To Reflect The Changes. (20-L-32) Attachments: 2032_Ordinance_2021_0602.DOC Exhibit A.pdf Exhibit B.pdf Attachment I_April 13 2021 Planning and Development Board Staff Report and Backup PART I.pd Attachment I_April 13 2021 Planning and Development Board Staff Report and Backup PART II.p First Reading Advertised Public Hearing Planning Division Strategic Plan Focus Area: Economic Vitality City of Hollywood Page 8 Regular City Commission Meeting Meeting Agenda - Final-revised June 2, 2021 1:30 PM TIME CERTAIN ITEM - QUASI-JUDICIAL ITEM (Rules of Procedure Attached to Agenda) 19. PO-2021-10 An Ordinance Of The City Of Hollywood, Florida, Changing The Zoning Designation Of The Property Generally Located On The Southeast Corner Of Stirling Road And Compass Way From IM-3 (Medium Intensity Industrial And Manufacturing District) And RS-6 (Single Family) To RM-18 (Medium-High Multiple Family); Amending The City’s Zoning Map To Reflect The Change In Zoning Designation. (21-Z-04) Attachments: 2104_Ordinance_2021_0602.doc Exhibit A.pdf Attachment I_April 13, 2021 Planning and Development Board Staff Report and Backup.pdf First Reading Advertised Public Hearing Planning Division Strategic Plan Focus Area: Economic Vitality ORDINANCE(S) 20. PO-2021-11 An Ordinance Of The City Commission Of The City Of Hollywood, Florida, Amending Chapter 98 Of The Code Of Ordinances Prohibiting Live Aboard Vessels In Certain Areas And Creating Restrictions On The Use Of Public Property. Attachments: Ordinance Chapter 98.docx First Reading Police Department Strategic Plan Focus Area: Public Safety REGULAR AGENDA 21. P-2021-40 Presentation By Gray Robinson On The 2021 State Of Florida Legislative Session. Office of the City Manager Strategic Plan Focus Area: Communications & Civic Engagement 22. P-2021-41 Presentation By Jack Schnettler, P.E., Vice President Of Atkins Global Consulting, To Provide An Update On The City Of Hollywood’s Traffic Calming Program. Engineering Division Strategic Plan Focus Area: Infrastructure & Facilities City of Hollywood Page 9 Regular City Commission Meeting Meeting Agenda - Final-revised June 2, 2021 23. R-2021-141 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Adopting The Department Of Parks, Recreation And Cultural Arts System Master Plan For The Purposes Of Future Development Of The City’s Parks System. Attachments: Reso - Master Plan 2021 Hollywood PRSMP Master Plan Final - Part 1.pdf Hollywood PRSMP Master Plan Final - Part 2.pdf Hollywood PRSMP Master Plan Final - Part 3.pdf R-2019-076 Department of Parks, Recreation & Cultural Arts Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods 1:45 PM TIME CERTAIN ITEM 24. R-2021-142 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Supporting The Effort To Create A ________________ (Dependent Or Independent) Solid Waste District In Broward County For The Purpose Of Providing Countywide Solid Waste Disposal And Recycling Processing Services. Attachments: Solid Waste Reso revised.docx Resolution R-2019-238.pdf Department of Public Works Strategic Plan Focus Area: Communications & Civic Engagement COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY MANAGER 25. Vice Mayor Sherwood, District 6 26. Commissioner Shuham, District 1 27. Commissioner Anderson, District 2 28. Commissioner Callari, District 3 29. Commissioner Gruber, District 4 30. Commissioner Biederman, District 5 31. Mayor Levy 32. City Attorney 33. City Manager City of Hollywood Page 10 Regular City Commission Meeting Meeting Agenda - Final-revised June 2, 2021 34. ADJOURNMENT 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 11 Regular City Commission Meeting Meeting Agenda - Final-revised June 2, 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 12 Regular City Commission Meeting Meeting Agenda - Final-revised June 2, 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 13 Regular City Commission Meeting Meeting Agenda - Final-revised June 2, 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 14 Regular City Commission Meeting Meeting Agenda - Final-revised June 2, 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 15 Regular City Commission Meeting Meeting Agenda - Final-revised June 2, 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 16