Regular City Commission Meeting
Regular MeetingHollywood, FL · September 14, 2021
Minutes
City of Hollywood
Hollywood City Hall
2600 Hollywood Blvd
Hollywood, FL 33020
http://www.hollywoodfl.org
Meeting Minutes
Tuesday, September 14, 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 September 14, 2021
. The Regular City Commission Meeting of the City of Hollywood, Florida, was called to
order by Mayor Levy on Tuesday, September 14, 2021 at 1:09 PM in the City
Commission Room, Room 219, 2600 Hollywood Blvd., Hollywood, Florida.
1. Moment of Silence
2. Pledge of Allegiance
3. Recognition of Veterans, Active Service Personnel & Their Families
4. Roll Call
Present: Commissioner Caryl Shuham, Commissioner Linda Anderson,
Commissioner Traci Callari, Commissioner Adam Gruber,
Commissioner Kevin D. Biederman, Vice Mayor Linda Sherwood and
Mayor Josh Levy
CONSENT AGENDA
Approval of the Consent Agenda
ACTION: A motion was made by Commissioner Callari, seconded
by Vice Mayor Sherwood, to adopt the Consent Agenda. The
motion passed unanimously. (7-0)
5. R-2021-224 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing Payment Of Attorneys’ Fees To Weiss Serota Helfman Cole
& Bierman, P.L., In An Additional Amount Not To Exceed $35,000.00 For
Fiscal Year 2021, Bringing The Total Amount Authorized For Fiscal Year
2021 To $135,000.00.
ACTION: This Resolution was moved by Commissioner Callari,
seconded by Vice Mayor Sherwood and adopted on the Consent
Agenda. The motion passed unanimously. (7-0)
6. R-2021-225 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The City To Join With The State Of Florida And Other Local
Governmental Units As A Participant In The Florida Memorandum Of
Understanding And Formal Agreements Implementing A Unified Plan;
Directing The City Clerk To Provide A Copy Of This Resolution To The
Florida League Of Cities And The Florida Attorney General; Authorizing
The Execution Of All Documents Necessary To Effectuate The Intent Of
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Regular City Commission Meeting Meeting Minutes September 14, 2021
This Resolution; Providing For Conflicts And Severability.
ACTION: This Resolution was moved by Commissioner Callari,
seconded by Vice Mayor Sherwood and adopted on the Consent
Agenda. The motion passed unanimously. (7-0)
8. R-2021-227 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Expansion Of The Commercial Property
Improvement Program As An Economic Development Incentive To
Owners Of Privately Owned Commercial Or Industrial Buildings Located
Outside Of The Beach And Downtown CRA Boundaries Within The City
Of Hollywood; Approving And Authorizing The City Manager Or
Designee To Execute All Agreements To Implement The Program.
ACTION: This Resolution was moved by Commissioner Callari,
seconded by Vice Mayor Sherwood and adopted on the Consent
Agenda. The motion passed unanimously. (7-0)
9. R-2021-228 A Resolution of The City Commission of The City of Hollywood, Florida,
Approving and Authorizing the Appropriate City Officials to Implement A
Settlement with Charles Jones For A Workers’ Compensation Claim In
The Amount Of $176,859.00.
ACTION: This Resolution was moved by Commissioner Callari,
seconded by Vice Mayor Sherwood and adopted on the Consent
Agenda. The motion passed unanimously. (7-0)
10. R-2021-229 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute An
Authorization To Proceed For Engineering Services With Kimley Horn
And Associates, Inc. For The Gateway And Neighborhood Signage
Project, A General Obligation Bond Project, In An Amount Not To Exceed
$40,935.00.
ACTION: This Resolution was moved by Commissioner Callari,
seconded by Vice Mayor Sherwood and adopted on the Consent
Agenda. The motion passed unanimously. (7-0)
11. R-2021-230 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute A
Consultant’s Authorization To Proceed With Atkins North America, Inc.
To Provide Professional Consulting Services For The Continuation Of
The City Of Hollywood’s Traffic Calming Program In An Amount Not To
Exceed $166,368.00.
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ACTION: This Resolution was moved by Commissioner Callari,
seconded by Vice Mayor Sherwood and adopted on the Consent
Agenda. The motion passed unanimously. (7-0)
12. R-2021-231 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Issue A Purchase Order
With Rep Services, Inc. For The Purchase And Installation Of Playground
Equipment, Safety Surfacing And A Shade System At 441 Linear Park,
In The Amount Of $198,941.46 Based Upon The Clay County’s RFP No
18/19-2 In Accordance With Section 38.41(C)(5) Of The Procurement
Code (Piggyback).
ACTION: This Resolution was moved by Commissioner Callari,
seconded by Vice Mayor Sherwood and adopted on the Consent
Agenda. The motion passed unanimously. (7-0)
13. R-2021-232 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute The 2021-2022
School Resource Officer Program Agreement In Local Public
Elementary, Middle And High Schools With The School Board Of
Broward County, Florida.
ACTION: This Resolution was moved by Commissioner Callari,
seconded by Vice Mayor Sherwood and adopted on the Consent
Agenda. The motion passed unanimously. (7-0)
14. R-2021-233 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Issue A
Purchase Order To Axon Enterprise Inc. For The Purchase Of 250
Tasers And Associated Equipment In An Amount Not To Exceed
$785,988.65 Based Upon The Sole Source Provision In Section
38.41(C)(2) Of The Procurement Code.
ACTION: This Resolution was moved by Commissioner Callari,
seconded by Vice Mayor Sherwood and adopted on the Consent
Agenda. The motion passed unanimously. (7-0)
15. R-2021-234 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute
Amendment Number 10 To The State Of Florida Department Of
Transportation Landscape Inclusive Maintenance Memorandum Of
Agreement For Maintaining The Landscape Improvements On State
Road A1A From Arizona Street To Sheridan Street.
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ACTION: This Resolution was moved by Commissioner Callari,
seconded by Vice Mayor Sherwood and adopted on the Consent
Agenda. The motion passed unanimously. (7-0)
16. R-2021-235 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Accepting The United States, Housing And Urban Development
Department, Rebuild Florida Community Development Block
Grant-Mitigation General Planning Support Program Funding Through
The State Of Florida Department Of Economic Opportunity For
Floodplain Management Plan In The Amount Of $400,000.00; Approving
And Authorizing The Appropriate City Officials To Execute All
Agreements And Documents Relating To The Grant; Amending The
Fiscal Year 2021 Operating Budget And Capital Improvement Plan.
ACTION: This Resolution was moved by Commissioner Callari,
seconded by Vice Mayor Sherwood and adopted on the Consent
Agenda. The motion passed unanimously. (7-0)
17. R-2021-236 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials to Execute A
Contract With Ric-Man International, Inc. For Construction Services
Related To The 30 Inch Raw Water Main Repair At The Water Treatment
Plant In An Amount Not To Exceed $257,800.00, Inclusive Of
Contingency Funds; Authorizing The City Manager Or Designee To
Utilize Contingency Funds For Undefined Conditions, If Necessary And
Justified, In An Amount Not To Exceed $75,000.00.
ACTION: This Resolution was moved by Commissioner Callari,
seconded by Vice Mayor Sherwood and adopted on the Consent
Agenda. The motion passed unanimously. (7-0)
18. R-2021-237 A Resolution Of The City Commission Of The City of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Issue A
Blanket Purchase Agreement With Cathedral Corporation For The
Second Renewal of Blanket Purchase Order No. B003181 For Utility Bill
Print And Mailing Services In An Estimated Annual Amount of
$263,658.58.
ACTION: This Resolution was moved by Commissioner Callari,
seconded by Vice Mayor Sherwood and adopted on the Consent
Agenda. The motion passed unanimously. (7-0)
7. R-2021-226 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Adopting a Comprehensive Debt Policy; Repealing Resolution No.
R-2014-133.
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Discussion ensued among members of the Commission.
David Keller, Fiscal Affairs Special Projects Manager, explained the
intent of the resolution.
Vice Mayor Sherwood left the meeting at 1:19 PM.
Discussion ensued among staff and members of the Commission.
ACTION: Motion was made by Commissioner Shuham, which was
seconded by Commissioner Callari, to adopt the Resolution. On a
voice vote the motion passed 6-0. Vice Mayor Sherwood was
absent.
19. PO-2021-15 An Ordinance Of The City Of Hollywood, Florida, Amending Chapter 99
Of The Code Of Ordinances Entitled “Municipal Beach” To Amend The
Days And Hours Of Access To The Dog Beach.
Discussion ensued among members of the Commission.
Dan Booker, Fire Chief, responded to questions raised by the
Commission.
Discussion ensued among staff and members of the Commission.
Vice Mayor Sherwood returned to the meeting at 1:24 PM.
Douglas Gonzales, City Attorney, provided additional information.
Ricky Engle, Director of Parks, Recreation and Cultural Arts, provided
additional information.
Discussion ensued among staff and members of the Commission.
The Mayor announced the ordinance was advertised in conformance with
Florida Statutes and City Codes. The public hearing was opened; there
being no one present who wished to speak, the public hearing was
declared closed.
The City Clerk read the ordinance title on second and final reading.
ACTION: Motion was made by Commissioner Callari, which was
seconded by Commissioner Biederman, to adopt on second and
final reading the Ordinance with an amendment that the
operational hours be the same as the hours of the on duty life
guards seven days a week. The motion on roll call vote carried:
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Aye: Commissioner Shuham
Commissioner Anderson
Commissioner Callari
Commissioner Gruber
Commissioner Biederman
Vice Mayor Sherwood
Mayor Levy
Enactment No: O-2021-15
20. PO-2021-16 An Ordinance Of The City Hollywood, Florida, Amending Chapter 151,
“Buildings”, Of The Hollywood Code Of Ordinances To Update The
Procedures For The Building Safety Inspection Program.
The Mayor announced the ordinance was advertised in conformance with
Florida Statutes and City Codes. The public hearing was opened; there
being no one present who wished to speak, the public hearing was
declared closed.
The City Clerk read the ordinance title on second and final reading.
ACTION: Motion was made by Vice Mayor Sherwood, which was
seconded by Commissioner Anderson, 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
Vice Mayor Sherwood
Mayor Levy
Enactment No: O-2021-16
21. P-2021-51 Presentation By Kenzot Jasmin, P.E., FDOT D-4 Consultant
Management, To Provide An Update On The I-95 Project Development &
Environment Study.
Kenzot Jasmon, FDOT Project Engineer, and Ryan Solis-Rios, Project
Development Engineer, The Corradino Group, provided a presentation
on the I-95 project development and environment study.
Discussion ensued among staff and members of the Commission and
Kenzot Jasmon and Ryan Solis-Rios responded to questions asked of
them.
Commissioner Anderson left the meeting at 2:20 PM and returned at
2:23 PM.
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Dr. Wazir Ishmael, City Manager, provided additional information.
21A. R-2021-242 A Resolution of the City Commission of the City of Hollywood, Florida,
Rejecting the Florida Department Of Transportation’s Alternative
Proposal For The I-95 Project Development & Environmental Study And
Recommending the No-Build Alternative For The Project Or Modification
To The Alternative Project.
ACTION: Motion was made by Commissioner Callari, which was
seconded by Vice Mayor Sherwood, to adopt the Resolution. On a
voice vote the motion passed unanimously. (7-0)
22. R-2021-238 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving The “RD Stirling” Plat, Being In The City Of Hollywood,
Broward County, Florida, And Generally Located East Of Interstate 95
Along The South Side Of Stirling Road.
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.
ACTION: Motion was made by Vice Mayor Sherwood, which was
seconded by Commissioner Gruber, to adopt the Quasi-Judicial
Resolution. On a voice vote the motion passed 5-2.
Commissioner Anderson and Commissioner Callari were
opposed.
23. PO-2021-17 An Ordinance Of The City Of Hollywood, Florida, Amending Chapter 154
Of The Code Of Ordinances Entitled “Flood Damage Prevention” To
Revise The Regulations To Be In Conformance With FEMA’s
Requirements Related To Accessory Structures And Manufactured
Homes; Providing For A Repealer Provision And A Severability Clause.
Vivek Galav, Director of Public Utilities, explained the intent of the
ordinance.
The City Clerk read the ordinance title on first reading.
ACTION: Motion was made by Commissioner Shuham, which was
seconded by Vice Mayor Sherwood, to adopt on first reading the
Ordinance. The motion on roll call vote carried:
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Aye: Commissioner Shuham
Commissioner Anderson
Commissioner Callari
Commissioner Gruber
Commissioner Biederman
Vice Mayor Sherwood
Mayor Levy
Enactment No: O-2021-17
24. R-2021-239 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Appointing One Elected Official And Designating One Elected Official As
The Designee To The Affordable Housing Advisory Committee.
Anthony Grisby, Community Development Manager, explained the intent
of the resolution.
ACTION: Motion was made by Commissioner Shuham, which was
seconded by Vice Mayor Sherwood, to adopt the Resolution
appointing Commissioner Gruber as the designee and
Commissioner Anderson as the alternate. On a voice vote the
motion passed unanimously. (7-0)
25. R-2021-240 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Bind The Policies For
Excess Workers’ Compensation Insurance, General Liability, Auto
Liability, Statutory Accidental Death And Dismemberment Insurance,
Crime Insurance, Cyber Liability, Pollution/Environmental Insurance,
Active Shooter, Vessel Pollution, Drone Insurance, Medical Professional
Liability, Tank Pollution Liability, Water Craft Marine Hull, Marina
Operators Legal Liability Insurance, And Flood Insurance For An Amount
Not To Exceed Of Approximately $1,500,759.08, For Which Quotes
Were Solicited By Aon Risk Services, Inc. Of Florida.
Discussion ensued among 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)
26. P-2021-52 Presentation By Jose Cortes, Director Of Design And Construction
Management, Regarding The Police Department Headquarters Site
Location.
Jose Cortes, Director of Design and Construction Management,
provided a presentation on the Police Department headquarters site
location.
Chris O'Brien, Police Chief, provided additional information.
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Shiv Newaldass, Director of Development Services, provided additional
information.
Extensive discussion ensued among staff and members of the
Commission.
Commissioner Biederman left the meeting at 3:07 PM and returned at
3:15 PM.
Mayor Levy passed the gavel to Vice Mayor Sherwood and left the
meeting at 3:13 PM, he returned at 3:18 PM.
Gus Zambrano, Assistant City Manager for Sustainable Development,
responded to concerns raised by the Commission.
Discussion ensued among staff and members of the Commission.
Dr. Wazir Ishmael, City Manager, provided additional information.
Heather Guenot, Senior Project Manager, responded to concerns raised
by the Commission.
Extensive discussion ensued among staff and members of the
Commission.
Mayor Levy passed the gavel to Vice Mayor Sherwood and left the
meeting at 3:48 PM, he returned at 3:50 PM.
Commissioner Callari left the meeting at 3:59 PM and returned at 4:01
PM.
Vice Mayor Sherwood left the meeting at 4:18 PM.
Spencer Teufel, Kimberly-Horn, responded to concerns raised by the
Commission.
Vice Mayor Sherwood returned to the meeting a 4:25 PM.
Extensive discussion ensued among staff and members of the
Commission.
Commissioner Shuham left the meeting at 4:32 PM and returned at 4:35
PM.
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27. R-2021-241 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Ratifying The Execution By The Appropriate City Officials Of A
Disclaimer Required For The As Is Purchase Of A High Water Rescue
Unit For The Fire Department.
Dan Booker, Fire Chief, explained the intent of the resolution.
Douglas Gonzales, City Attorney, provided additional information.
Discussion ensued among staff and members of the Commission.
ACTION: Motion was made by Commissioner Shuham, which was
seconded by Commissioner Callari, to adopt the Resolution. On a
voice vote the motion passed unanimously. (7-0)
29. Commissioner Biederman, District 5
Driftwood and Boulevard Heights Civic Associations
Commissioner Biederman stated Driftwood and Boulevard Heights Civic
Associations are having their first Civic Association Meeting tonight via
WebEx.
Elks Club
Commissioner Biederman stated the Elks Club will be having their
monthly flea market on Saturday, October 2nd at 7190 Davie Road
Extension to benefit veterans.
Happy New Year/Yom Kippur
Commissioner Biederman wished everyone a Happy New Year/Yom
Kippur and prosperity in this coming year.
30. Vice Mayor Sherwood, District 6
Light Poles
Vice Mayor Sherwood stated she was approached by Mara Giulianti, a
resident of Positano. The residents of Positano are responsible for 20
light poles that go around their property, however, they cannot obtain
insurance because it is City property. The residents of Positano want to
either terminate the contract, mediate the contract, or have the City take
over the responsibility of the light poles. Vice Mayor Sherwood asked for
support to remediate the contract.
Discussion ensued among members of the Commission regarding the
pros and cons of remediating the contract.
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Mayor Levy and Commissioner Shuham stated they are open to having a
discussion with the attorney for the Positano development.
Commissioner Biederman suggested a property improvement grant.
Dr. Wazir Ishmael, City Manager, stated that the City can certainly sit
down with the Positano representative and have a conversation.
Happy Yom Kippur
Vice Mayor Sherwood wished everyone a Happy Yom Kippur.
31. Commissioner Shuham, District 1
Happy Yom Kippur
Commissioner Shuham thanked Vice Mayor Sherwood and
Commissioner Biederman for their peaceful and healthy year wishes.
Thank You
Commissioner Shuham thanked staff for promotional material,
summarizing all the projects in each district.
King Tides
Commissioner Shuham thanked the Department of Public Works for
installing the concrete walls to help stop flooding during King Tides.
Dr. Wazir Ishmael, City Manager, and Pete Bienek, Director of Public
Works, provided additional information on the expected King Tides
dates and a presentation on the Lakes Interim Berm Project, which will
help stop flooding.
Shout Out
Commissioner Shuham stated she wanted to give a shout out to the Fire
Department for their excellent work at a recent fire in the Lakes area.
32. Commissioner Anderson, District 2
Petition
Commissioner Anderson stated she has received numerous calls and
emails petitioning for a cleaner neighborhood, with the budget adopted,
this will help when extra staff are hired.
Waste Pro
Commissioner Anderson stated the residents are still having problems
with Waste Pro not picking up their garbage. Residents are calling
Waste Pro and being hung up on and having to call back.
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Container House
Commissioner Anderson stated there is a container type house being
built in District 2, and she feels these types of houses do not jive with the
neighborhood and they do not look good.
911 System
Commissioner Anderson stated she wants to look into the 911 system,
due to a call taking 29 seconds and several other calls when no one
picked up at the call center.
33. Commissioner Callari, District 3
Stan Goldman Park
Commissioner Callari stated that on September 20, 2021 the City will
have a meeting to address the Skate Park at Stan Goldman Park and
she encouraged everyone to participate.
Vaccination Opportunities
Commissioner Callari stated at the last Commission meeting, the
Commission spoke about vaccination opportunities. Commissioner
Callari stated she has been approached by some Nurse Practitioners
who are willing to work with the City and volunteer their time to give
vaccines.
Deepest Sympathy
Commissioner Callari expressed her deepest sympathies to the Voner
Family of Sebastiano’s Pizza, a Hollywood business, which is a staple in
the community for their loss and all of those that have suffered and
passed away due to Covid.
Hollywood Beach Community Center
Commissioner Callari stated the letter handed out by District 1
Commissioner to the Commission puts the Commission in a
compromising position regarding the Hollywood Beach Community
project. The developer will be reaching out to the community to provide
information. The project is not before the Commission yet for a vote.
The City has to do what is best for all and not just for a select few. There
is an opportunity for everyone to work together to come to a comprise.
34. Commissioner Gruber, District 4
Thank You
Commissioner Gruber thanked the Police Department and Fire
Department for responding to a traffic accident last night in his
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neighborhood.
Short Term Rentals
Commissioner Gruber stated the City is still having issues with short term
rentals. Commissioner Gruber suggested providing an educational
packet for realtors to use for investors who are interested in short term
rentals and also an educational packet for residents, along with decibel
reader information.
Commissioner Biederman and Commissioner Shuham supported the
request with an addition of it being in trilingual languages.
Happy New Year/Yom Kippur
Commissioner Gruber wished everyone a Happy New Year/Yom Kippur
and meaningful fast and good health in the coming year.
35. Mayor Levy
Short Term Vacation Rentals
Mayor Levy stated District 4 is seeing an increase in short term vacation
rentals.
Berms on the Lakes
Mayor Levy stated he drove by the Lakes neighborhood and the berms
are working. He also asked for a pump to be installed on 8th Avenue.
A1A and Sheridan
Mayor Levy stated the segment along A1A between Sheridan Street was
a lot better.
Storm Water System
Mayor Levy stated there is a need to continue to shore up the storm
water system.
Yom Kippur
Mayor Levy wished everyone a meaningful Yom Kippur and Happy New
Year.
36. City Attorney
Happy New Year/Yom Kippur
Douglas Gonzales, City Attorney, wished everyone a Happy New
Year/Yom Kippur.
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37. City Manager
Happy New Year/Yom Kippur
Dr. Wazir Ishmael, City Manager, wished everyone a safe and peaceful
New Year/Yom Kippur.
28. CITIZENS’ COMMENTS
The following individuals expressed personal opinions / concerns:
1. Gabriela Neves, River Birch Street
2. Constanza Villiers Furze, 1511 Grant Street
3. Adriene Barmann, 825 Washington Street
4. Drew Martin, 1510 N M Street
5. Lori Bembanaste, 3200 N Ocean Drive
6. Clive Taylor, 1516 Grant Street
7. Rita Gambardella, 1304 Arthur Street
8. Helen Chervin, 2470 Adams Street
9. Andre Brown, 2316 Mayo Street
10. Siobhan McLaughlin, 1409 Rodman Street
11. Joseph Kaplan, 2401 S Ocean Drive
12. Cat Uden, 1120 Lyontreet Street
13. Sylvia Meyer, 1520 Rodman Street
38. The meeting adjourned at 5:50 PM.
______________________________
Patricia A. Cerny, MMC
City Clerk
Hollywood, Florida
Approved on:
_________________________
City of Hollywood Page 14
Agenda
Regular City Commission Meeting
Tuesday, September 14, 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 September 14, 2021
MEETING AND PUBLIC COMMENT PROCEDURE
The City of Hollywood, Florida will be conducting a Regular City Commission meeting at 1:00 PM on Tuesday,
September 14, 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 September 14th agenda will be posted on the City’s website at the following location:
https://hollywoodfl.legistar.com/Calendar.aspx and will be available by the end of the business day on Thursday,
September 9th.
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:
• Register online to provide comments virtually via the Webex virtual meeting app. You must be able to join the
meeting virtually from an internet connected device with a web camera and microphone such as a personal
computer, smart phone, or tablet. Use the following link to register your attendance to provide a comment virtually :
https://www.hollywoodfl.org/FormCenter/City-Clerk-12/2Regular-City-Commission-Meeting-Public--262 or visit the
City’s website homepage at https://www.hollywoodfl.org under City News. Those who register to provide comments
virtually will receive the Webex meeting link by e-mail the day before the meeting; or
• Register online to provide in-person comments during the meeting (capacity limits and social distancing
requirements apply). Use the following link: https://www.hollywoodfl.org/FormCenter/City-Clerk -
12/2Regular-City-Commission-Meeting-Public--262 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 .
Public comments are limited to 3 minutes per person and time cannot be transferred. Registrations to participate
in the meeting virtually or in-person must be received by 6:00 PM on Monday, 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 approach the lectern and address the Commission members. 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.
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Regular City Commission Meeting Meeting Agenda - Final September 14, 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.
1:15 PM - Items 19 - 21
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 - 18)
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 THE CITY ATTORNEY
5. R-2021-224 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing Payment Of Attorneys’ Fees To Weiss Serota
Helfman Cole & Bierman, P.L., In An Additional Amount Not To Exceed
$35,000.00 For Fiscal Year 2021, Bringing The Total Amount
Authorized For Fiscal Year 2021 To $135,000.00.
Attachments: 2021 Weiss Serota FY21 Reso.1.docx
Strategic Plan Focus Area: Financial Management & Administration
City of Hollywood Page 3
Regular City Commission Meeting Meeting Agenda - Final September 14, 2021
6. R-2021-225 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The City To Join With The State Of Florida And
Other Local Governmental Units As A Participant In The Florida
Memorandum Of Understanding And Formal Agreements Implementing
A Unified Plan; Directing The City Clerk To Provide A Copy Of This
Resolution To The Florida League Of Cities And The Florida Attorney
General; Authorizing The Execution Of All Documents Necessary To
Effectuate The Intent Of This Resolution; Providing For Conflicts And
Severability.
Attachments: 2021 Opioid Litigation Reso.docx
Florida-Proposed-MOU.pdf
Strategic Plan Focus Area: Public Safety
OFFICE OF THE CITY MANAGER
7. R-2021-226 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Adopting a Comprehensive Debt Policy; Repealing Resolution
No. R-2014-133.
Attachments: Resolution to Adopt New Comprehensive Debt Policy.doc
Comprehensive Debt Policy.docx
GFOA_PostIssuanceCompliance2.pdf
R-2014-133.pdf
Strategic Plan Focus Area: Financial Management & Administration
OFFICE OF COMMUNICATIONS, MARKETING & ECONOMIC DEVELOPMENT
8. R-2021-227 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Expansion Of The Commercial
Property Improvement Program As An Economic Development
Incentive To Owners Of Privately Owned Commercial Or Industrial
Buildings Located Outside Of The Beach And Downtown CRA
Boundaries Within The City Of Hollywood; Approving And Authorizing
The City Manager Or Designee To Execute All Agreements To
Implement The Program.
Attachments: Resolution TMP-2021-490.docx
Exhibit A CPIP 2021 Expansion Program Description
Exhibit B CPIP 2021 Expansion Agreement CDBG
Exhibit C CPIP 2021 Expansion Agreement GF
Strategic Plan Focus Area: Economic Vitality
City of Hollywood Page 4
Regular City Commission Meeting Meeting Agenda - Final September 14, 2021
OFFICE OF HUMAN RESOURCES
9. R-2021-228 A Resolution of The City Commission of The City of Hollywood, Florida,
Approving and Authorizing the Appropriate City Officials to Implement
A Settlement with Charles Jones For A Workers’ Compensation Claim
In The Amount Of $176,859.00.
Attachments: Resolution 2021 Charles Jones' Workers' Compensation Settlement Final.doc
Strategic Plan Focus Area: Financial Management & Administration
DEPARTMENT OF DESIGN & CONSTRUCTION MANAGEMENT
10. R-2021-229 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Execute An Authorization To Proceed For Engineering Services With
Kimley Horn And Associates, Inc. For The Gateway And Neighborhood
Signage Project, A General Obligation Bond Project, In An Amount Not
To Exceed $40,935.00.
Attachments: Resolution - Gateway and Neighborhood Signs Kimley Horn
Kiley Horn ATP - DCM Signage
Kimley Horn Sign Struct Analysis Proposal
Kimley Horn PSA CSA contract DS 18-014
CSA Resolution R-2018-400
6. Kimley Horn COI
TermSheetATPKIMLEYYHORNGATEWAYNEIGHBORHOODSIGNAGE.doc
GOB Project
Strategic Plan Focus Area: Infrastructure & Facilities
ENGINEERING, TRANSPORTATION & MOBILITY DIVISION
11. R-2021-230 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Execute A Consultant’s Authorization To Proceed With Atkins North
America, Inc. To Provide Professional Consulting Services For The
Continuation Of The City Of Hollywood’s Traffic Calming Program In An
Amount Not To Exceed $166,368.00.
Attachments: RESO - TMP-2021-501.doc
Authorization to Proceed Ph 2 signed.pdf
City of Hollywood Traffic Calming Master Plan - Phase 2 PROPOSAL v2 0713321.pdf
Hollywood Traffic Calming Master Plan - Phase 2 v2 071321.pdf
R-2020-056 Signed Reso.pdf
R-2018-400 Signed Reso.pdf
TermSheetATPAtkinsNorthAmericaTrafficCalmingProgramPhaseII.doc
Strategic Plan Focus Area: Infrastructure & Facilities
City of Hollywood Page 5
Regular City Commission Meeting Meeting Agenda - Final September 14, 2021
DEPARTMENT OF PARKS, RECREATION & CULTURAL ARTS
12. R-2021-231 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Issue A Purchase
Order With Rep Services, Inc. For The Purchase And Installation Of
Playground Equipment, Safety Surfacing And A Shade System At 441
Linear Park, In The Amount Of $198,941.46 Based Upon The Clay
County’s RFP No 18/19-2 In Accordance With Section 38.41(C)(5) Of
The Procurement Code (Piggyback).
Attachments: Reso - 441 Linear Park.docx
PO_300000006748571_PFY-2107582_0-1
441 Linear Park_purchase reqeust package.pdf
_1819-2 Clay County Award Notice.pdf
_RFP No. 18 19-2 Complete Bid Submission.pdf
18 19-2 Clay County 051519 Discount spreadsheet (6).pdf
Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods
POLICE DEPARTMENT
13. R-2021-232 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Execute The
2021-2022 School Resource Officer Program Agreement In Local
Public Elementary, Middle And High Schools With The School Board
Of Broward County, Florida.
Attachments: Resolution
SRO Program Agreement
Term Sheet
Strategic Plan Focus Area: Public Safety
14. R-2021-233 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Issue A Purchase Order To Axon Enterprise Inc. For The Purchase Of
250 Tasers And Associated Equipment In An Amount Not To Exceed
$785,988.65 Based Upon The Sole Source Provision In Section
38.41(C)(2) Of The Procurement Code.
Attachments: Resolution
PO #PFY-2108017.pdf
Axon Enterprise, Inc Taser 7 Agreement
NTSS-031-21 Axon - Taser Model 7
Term Sheet
Strategic Plan Focus Area: Public Safety
City of Hollywood Page 6
Regular City Commission Meeting Meeting Agenda - Final September 14, 2021
DEPARTMENT OF PUBLIC WORKS
15. R-2021-234 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Execute Amendment Number 10 To The State Of Florida Department
Of Transportation Landscape Inclusive Maintenance Memorandum Of
Agreement For Maintaining The Landscape Improvements On State
Road A1A From Arizona Street To Sheridan Street.
Attachments: Reso - MMOA Landscape.docx
Exhibits -Hollywood_SRA1A_Amend#10_19-L-491-00016 marpdf - Copy - Copy.pdf
Inclusive MOA.pdf
Term Sheet - FDOT MMOA Amendment 10.doc
Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods
DEPARTMENT OF PUBLIC UTILITIES
16. R-2021-235 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Accepting The United States, Housing And Urban
Development Department, Rebuild Florida Community Development
Block Grant-Mitigation General Planning Support Program Funding
Through The State Of Florida Department Of Economic Opportunity For
Floodplain Management Plan In The Amount Of $400,000.00;
Approving And Authorizing The Appropriate City Officials To Execute
All Agreements And Documents Relating To The Grant; Amending The
Fiscal Year 2021 Operating Budget And Capital Improvement Plan.
Attachments: 01 Resolution - SW Flood Plain CDBG-MIT.docx
02 Exhibit 1 – SW Flood Plain CDBG-MIT.pdf
Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods
17. R-2021-236 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials to
Execute A Contract With Ric-Man International, Inc. For Construction
Services Related To The 30 Inch Raw Water Main Repair At The Water
Treatment Plant In An Amount Not To Exceed $257,800.00, Inclusive Of
Contingency Funds; Authorizing The City Manager Or Designee To
Utilize Contingency Funds For Undefined Conditions, If Necessary And
Justified, In An Amount Not To Exceed $75,000.00.
Attachments: RESORICMANFINAL.docx
02 Contract - Ric-Man WTP 30 Inch Raw Water Main Repair.pdf
03 Bid Tabulation - Ric-Man WTP 30 Inch Raw Water Main Repair.pdf
04 Bid Recommendation Letter - .pdf
05 Ric-Man Bid Package - Ric-Man WTP 30 Inch Raw Water Main Repair.pdf
06 The Stout Group LLC Bid Package - Ric-Man WTP 30 Inch Raw Water Main Repair.pdf
07 Giannetti Contracting Corp. Bid Package - Ric-Man WTP 30 Inch Water Main Repair.pdf
08 Metro Equipment Service Inc. Bid Package - Ric-Man WTP 30 Inch Water Main Repair.pdf
TermSheetRicManWaterMainRepairBid.doc
Strategic Plan Focus Area: Infrastructure & Facilities
City of Hollywood Page 7
Regular City Commission Meeting Meeting Agenda - Final September 14, 2021
18. R-2021-237 A Resolution Of The City Commission Of The City of Hollywood,
Florida, Approving And Authorizing The Appropriate City Officials To
Issue A Blanket Purchase Agreement With Cathedral Corporation For
The Second Renewal of Blanket Purchase Order No. B003181 For
Utility Bill Print And Mailing Services In An Estimated Annual Amount of
$263,658.58.
Attachments: 01 Resolution - Cathedral Corporation Renewal 2021 Revised.doc
Cathedral Corp Draft BPO B003181 Revised.pdf
Departmental Renewal Memo - Cathedral Corporation Renewal 2021.pdf
Hernando County Renewal Letter – Cathedral Corporation Renewal 2021.pdf
Vendor Renewal Letter - Cathedral Corporation Renewal 2021.pdf
Cathedral Corporation Certificate of Insurance.pdf
TermSheetCathedralCorpUtilityBillPrintMailServices2ndrenewal.doc
Strategic Plan Focus Area: Economic Vitality
1:15 PM TIME CERTAIN ITEM(S)
19. PO-2021-15 An Ordinance Of The City Of Hollywood, Florida, Amending Chapter 99
Of The Code Of Ordinances Entitled “Municipal Beach” To Amend The
Days And Hours Of Access To The Dog Beach.
Attachments: ORDINANCE - Chapter 99 Municipal Beach - DOG BEACH- final 08.2.2021
Second Reading
No Changes Since First Reading
Department of Parks, Recreation & Cultural Arts
Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods
20. PO-2021-16 An Ordinance Of The City Hollywood, Florida, Amending Chapter 151,
“Buildings”, Of The Hollywood Code Of Ordinances To Update The
Procedures For The Building Safety Inspection Program.
Attachments: Ordinance Chapter 151 Amendment 40 Year Building
O-2010-32.pdf
Second Reading
Advertised Public Hearing
No Changes Since First Reading
Building Division
Strategic Plan Focus Area: Public Safety
21. P-2021-51 Presentation By Kenzot Jasmin, P.E., FDOT D-4 Consultant
Management, To Provide An Update On The I-95 Project Development
& Environment Study.
Attachments: FDOT I 95 PD&E presentation.pdf
Engineering Division
Strategic Plan Focus Area: Infrastructure & Facilities
City of Hollywood Page 8
Regular City Commission Meeting Meeting Agenda - Final September 14, 2021
QUASI-JUDICIAL ITEM(S)
(Rules of Procedure Attached to Agenda)
22. R-2021-238 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Approving The “RD Stirling” Plat, Being In The City Of
Hollywood, Broward County, Florida, And Generally Located East Of
Interstate 95 Along The South Side Of Stirling Road.
Attachments: 1 EN21-097 Resolution RD Stirling Plat legal reviewed.doc
3 Exhibit A-RD STIRLING - Full Plat for Mylar.pdf
4 Exhibit B-BC (029-MP-20) Response to LOO.pdf
5 Conceptual Site Plan.pdf
Engineering Division
Strategic Plan Focus Area: Economic Vitality
ORDINANCE(S)
23. PO-2021-17 An Ordinance Of The City Of Hollywood, Florida, Amending Chapter
154 Of The Code Of Ordinances Entitled “Flood Damage Prevention”
To Revise The Regulations To Be In Conformance With FEMA’s
Requirements Related To Accessory Structures And Manufactured
Homes; Providing For A Repealer Provision And A Severability
Clause.
Attachments: 01 Ordinance - Chapter 154 - Manufactured Homes Amendment.DOCX
First Reading
Department of Public Utilities
Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods
REGULAR AGENDA
24. R-2021-239 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Appointing One Elected Official And Designating One Elected
Official As The Designee To The Affordable Housing Advisory
Committee.
Attachments: AHAC Appointment Reso.docx
Community Development Division
Strategic Plan Focus Area: Communications & Civic Engagement
City of Hollywood Page 9
Regular City Commission Meeting Meeting Agenda - Final September 14, 2021
25. R-2021-240 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Authorizing The Appropriate City Officials To Bind The Policies
For Excess Workers’ Compensation Insurance, General Liability, Auto
Liability, Statutory Accidental Death And Dismemberment Insurance,
Crime Insurance, Cyber Liability, Pollution/Environmental Insurance,
Active Shooter, Vessel Pollution, Drone Insurance, Medical
Professional Liability, Tank Pollution Liability, Water Craft Marine Hull,
Marina Operators Legal Liability Insurance, And Flood Insurance For
An Amount Not To Exceed Of Approximately $1,500,759.08, For Which
Quotes Were Solicited By Aon Risk Services, Inc. Of Florida.
Attachments: Resolution 2022 Renewal of Various Insurance Products.doc
Back up - 2022 Renewal of Various Insurance Products.pdf
Office of Human Resources
Strategic Plan Focus Area: Financial Management & Administration
26. P-2021-52 Presentation By Jose Cortes, Director Of Design And Construction
Management, Regarding The Police Department Headquarters Site
Location.
Department of Design & Construction Management
Strategic Plan Focus Area: Public Safety
27. R-2021-241 A Resolution Of The City Commission Of The City Of Hollywood,
Florida, Ratifying The Execution By The Appropriate City Officials Of A
Disclaimer Required For The As Is Purchase Of A High Water Rescue
Unit For The Fire Department.
Attachments: Resolution- Disclaimer for Purchase of High Water Rescue Vehicle.doc
Eastern Surplus & Equipment DISCLAIMER for High Water Rescue Vehicle.pdf
Department of Fire Rescue & Beach Safety
Strategic Plan Focus Area: Public Safety
28. 5:00 PM CITIZENS’ COMMENTS (Total Time 30 Minutes)
City of Hollywood Page 10
Regular City Commission Meeting Meeting Agenda - Final September 14, 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 September 14, 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 September 14, 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 September 14, 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 September 14, 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 September 14, 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 September 14, 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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