Regular City Commission Meeting
Regular MeetingHollywood, FL · March 1, 2023
Minutes
City of Hollywood
Hollywood City Hall
2600 Hollywood Blvd
Hollywood, FL 33020
http://www.hollywoodfl.org
Meeting Minutes - Final
Wednesday, March 1, 2023
1:00 PM
Commission Chambers Room 219
Regular City Commission Meeting
CITY COMMISSION
Josh Levy, Mayor
Adam Gruber, Vice Mayor - District 4
Caryl Shuham, Commissioner - District 1
Linda Hill Anderson, Commissioner - District 2
Traci Callari, Commissioner - District 3
Kevin Biederman, Commissioner - District 5
Idelma Quintana, Commissioner - District 6
Dr. Wazir Ishmael, City Manager
Douglas R. Gonzales, City Attorney
Patricia A. Cerny, City Clerk
Regular City Commission Meeting Meeting Minutes - Final March 1, 2023
. The Regular City Commission Meeting of the City of Hollywood, Florida, was called to
order by Mayor Levy on Wednesday, March 1, 2023 at 1:13 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, Vice Mayor Adam Gruber, Commissioner
Kevin D. Biederman, Commissioner Idelma Quintana and Mayor Josh
Levy
CONSENT AGENDA
Approval of the Consent Agenda
ACTION: Motion was made by Commissioner Callari, which was
seconded by Commissioner Anderson, to approve the Consent
Agenda. The motion passed unanimously. (7-0)
5. R-2023-051 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute The 2023
Amendment To The Interlocal Agreement With Broward County
Regarding Additional Local Option Gas Tax On Motor Fuel, And The
2023 Amendment To The Interlocal Agreement With Broward County
Regarding Additional Local Option Gas Tax On Motor Fuel For Transit.
ACTION: This Resolution was moved by Commissioner Callari,
which was seconded by Commissioner Anderson, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
6. R-2023-052 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Appointing Two Special Magistrates Pursuant To
Chapter 36 Of The City Of Hollywood Code Of Ordinances And
Authorizing The Execution Of Retainer Agreements With The Two
Special Magistrates For An Estimated Annual Expenditure Of
$18,000.00.
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Regular City Commission Meeting Meeting Minutes - Final March 1, 2023
ACTION: This Resolution was moved by Commissioner Callari,
which was seconded by Commissioner Anderson, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
7. R-2023-053 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The Appropriate City Officials To Execute A Blanket
Purchase Agreement For A Stretcher Maintenance Service Plan And
Medical Supplies, On An As-Needed Basis, With Stryker Sales In An
Amount Not To Exceed $44,000.00 In Accordance With Section
38.41(C)(9) Of The City’s Purchasing Ordinance (Best Interest).
ACTION: This Resolution was moved by Commissioner Callari,
which was seconded by Commissioner Anderson, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
8. R-2023-054 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing, By Special Exception, The Participation Of
The Budweiser Clydesdale Horses In The City Of Hollywood St. Patrick’s
Day Parade And Festival On Sunday, March 12, 2023.
ACTION: This Resolution was moved by Commissioner Callari,
which was seconded by Commissioner Anderson, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
9. R-2023-055 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute A
Blanket Purchase Agreement With Nalco Water, Inc. For The Delivery
And Supply Of Nalco Pc-1850t Antiscalant And 3d Trasar Technology
For An Annual Amount Of $195,000.00 Over A Three Year Period From
March 11, 2023 Through March 10, 2026, In Accordance With Section
38.41(C)(2) Of The Procurement Code (Sole Source).
ACTION: This Resolution was moved by Commissioner Callari,
which was seconded by Commissioner Anderson, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
10. R-2023-056 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Execute An
Authorization To Proceed For Work Order No. H&S 23-03 With Hazen
And Sawyer, P.C. To Provide Professional Engineering Services, In An
Amount Not To Exceed $85,724.00, For Design And Bidding Services
Related To Grit Removal And Miscellaneous Equipment Repairs For
Various Treatment Processes At The Southern Regional Wastewater
Treatment Plant; Amending The Fiscal Year 2023 Operating Budget.
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Regular City Commission Meeting Meeting Minutes - Final March 1, 2023
ACTION: This Resolution was moved by Commissioner Callari,
which was seconded by Commissioner Anderson, and adopted
on the Consent Agenda. The motion passed unanimously. (7-0)
12. P-2023-012 A Proclamation In Recognition Of Irish American Heritage Month - March
2023.
Commissioner Callari read the proclamation in recognition of Irish
American Heritage month, March 2023.
Ray Lynch, Florida AOH State President and National director of Ancient
Order of Hibernians, accepted the proclamation and thanked the
Commission for the recognition.
13. P-2023-013 Presentation By Charles Flaxman, Chair, Regarding The Annual Report
For The Emerald Hills Safety Enhancement Board.
Charles Flaxman, Chair, Emerald Hills Safety Enhancement Board,
provided the annual report of the Board to the Commission.
Commissioner Callari left the meeting at 1:22 PM and returned at 1:23
PM.
14. P-2023-014 Presentation By Jill Weisberg, Chair, Regarding The Annual Report For
The Artwork Selection Committee.
Jill Weisberg, Chair of The Artwork Selection Committee, provided the
annual report of the committee to the Commission.
Discussion ensued among Jill Weisberg and members of the
Commission.
11. R-2023-057 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving And Authorizing The Appropriate City Officials To Issue The
Attached Purchase Order To Dobbs Equipment, LLC For Two 410P 4x4
Loader Backhoes In The Amount Of $353,997.00 Over A One-Year
Period, Based On The Florida Sheriffs Association Bid FSA 20-EQU
18.0: Heavy Equipment In Accordance With Section 38.41(C)(5) Of The
City’s Procurement Code; Amending the Fiscal Year 2023 Capital
Improvement Plan (Piggyback).
Discussion ensued among members of the Commission.
Vin Morello, Director of Public Utilities, responded to questions raised by
the Commission.
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Regular City Commission Meeting Meeting Minutes - Final March 1, 2023
ACTION: Motion was made by Commissioner Callari, which was
seconded by Commissioner Biederman, to adopt the Resolution.
On a voice vote the motion passed unanimously. (7-0)
17. R-2023-059 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Appointing Nine To Eleven Regular Members To The Charter Review
Committee.
ACTION: Motion was made by Commissioner Callari, which was
seconded by Commissioner Biederman, to continue the
Resolution to the April 4, 2023 meeting On a voice vote the motion
passed unanimously. (7-0)
18. R-2023-060 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Appointing City Commission Members As The Voting And Alternate
Voting Delegates For The Broward County League Of Cities For 2023 -
2024.
Discussion ensued among members of the Commission.
ACTION: Motion was made by Commissioner Callari, which was
seconded by Commissioner Anderson, to adopt the Resolution
appointing Commissioner Callari as the voting delegate;
Commissioner Biederman as the 1th alternate and Mayor Levy as
the 2nd alternate. On a voice vote the motion passed
unanimously. (7-0)
19. R-2023-061 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Considering The Continuance/Sunsetting Of The Following Advisory
Boards: Affordable Housing Advisory Committee; African American
Advisory Council; Artwork Selection Advisory Committee; Education
Advisory Committee; General Obligation Bond Oversight Advisory
Committee; Marine Advisory Board; Parks, Recreation & Cultural Arts
Advisory Board; Sustainability Advisory Committee; And The Young
Circle Artspark Advisory Board.
The following individuals expressed personal opinions concerns:
1. Henry Graham, 2525 Raleigh Street
2. Ann Ralston, 326 S 14th Avenue
ACTION: Motion was made by Commissioner Callari, which was
seconded by Commissioner Anderson, to adopt the Resolution.
On a voice vote the motion passed unanimously. (7-0)
20. R-2023-062 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Amending The Previously Adopted Fiscal Year 2021-2022 Annual Action
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Regular City Commission Meeting Meeting Minutes - Final March 1, 2023
Plan To Approve A Special Grant Allocation Of HOME Investment
Partnerships Program - American Rescue Plan Funds Made Available
To The City To Provide Homelessness Assistance And Supportive
Services To Qualifying Populations In The Amount Of $1,915,134.00,
From The United States Department Of Housing And Urban
Development.
Commissioner Biederman left the dais due to a perceived conflict of
interest due to his wife working for the City.
Commissioner Biederman left the meeting at 1:37 PM.
The Mayor announced the resolution was advertised in conformance with
Florida Statutes and City Codes. The public hearing was opened; there
being no one present who wished to speak, the public hearing was
declared closed.
ACTION: Motion was made by Commissioner Callari, which was
seconded by Commissioner Shuham, to adopt the Resolution. On
a voice vote the motion passed 6-0. Commissioner Biederman
declared a voting conflict.
12A. P-2023-015 Presentation By Marie Woodson, State Representative, Regarding A
Tribute To Dr. Wazir Ishmael, City Manager.
Commissioner Biederman returned to the meeting at 1:38 PM.
Representative Marie Woodson presented an award to Dr. Wazir
Ishmael for his service to the City.
Dr. Wazir Ishmael, City Manager, thanked everyone for the recognition.
21. R-2023-063 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Authorizing The State Revolving Fund Clean Water Program Loan
Application For $12,393,719.00 Including Capitalized Interest And Loan
Service Fees For Funding Of The Ocean Outfall Regulatory Compliance
Phase II - Deep Injection Wells Nos. 3 And 4 Pump Station Project;
Authorizing The Appropriate City Officials To Execute A Loan Agreement
For The Funding; Establishing Pledged Revenues; Designating
Authorized Representatives; Providing Assurances; Amending The
Fiscal Year 2023 Capital Improvement Plan.
ACTION: Motion was made by Commissioner Callari, which was
seconded by Commissioner Anderson, to adopt the Resolution.
On a voice vote the motion passed unanimously. (7-0)
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Regular City Commission Meeting Meeting Minutes - Final March 1, 2023
22. R-2023-064 A Resolution Of The City Commission Of The City Of Hollywood, Florida
Authorizing The State Revolving Fund Drinking Water Program Loan
Application For $18,395,671.00 Including Capitalized Interest And Loan
Service Fees For Funding Of The Ocean Outfall Regulatory Compliance
Phase II - Deep Injection Wells Nos. 3 And 4 Pump Station Project;
Authorizing The Appropriate City Officials To Execute A Loan Agreement
For The Funding; Establishing Pledged Revenues; Designating
Authorized Representatives; Providing Assurances; Amending The
Fiscal Year 2023 Capital Improvement Plan.
ACTION: Motion was made by Commissioner Callari, which was
seconded by Commissioner Biederman, to adopt the Resolution.
On a voice vote the motion passed unanimously. (7-0)
23. R-2023-065 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Establishing The Large User Rate For Sewage Treatment And Disposal
By The Large Users Of The Southern Regional Wastewater Treatment
Plant Including Broward County, Dania Beach, Hallandale Beach,
Miramar, Pembroke Park, And Pembroke Pines At $3.20 Per Thousand
Gallons Of Wastewater Received For The Fiscal Year 2023.
ACTION: Motion was made by Commissioner Callari, which was
seconded by Vice Mayor Gruber, to adopt the Resolution. On a
voice vote the motion passed unanimously. (7-0)
16. R-2023-058 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Approving The “Victory at Hollywood” Plat, Being In The City Of
Hollywood, Broward County, Florida, Located At 901 South State Road
7.
The City Attorney explained waiving the quasi-judicial procedures and
Mayor Levy questioned if there were any objections to waiving them.
Dwayne Dickerson, Attorney for the Applicant, objected to waiving the
quasi-judicial procedures.
The City Clerk swore in those person who will testify and speak.
Azita Behmardi, City Engineer, entered into evidence as "Staff Exhibit A"
the staff summary and power point presentation.
The City Commission declared their ex-parte communications.
Dwayne Dickerson, Attorney for the Applicant, provided a presentation
on the application and the proposed development.
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The City Commission began their deliberations.
Discussion ensued among members of the Commission.
ACTION: Motion was made by Commissioner Biederman, which
was seconded by Commissioner Callari, to adopt the Resolution.
On a voice vote the motion passed unanimously. (7-0)
15. R-2023-028 A Resolution Of The City Commission Of The City Of Hollywood, Florida,
Ranking Firms To Provide Services Related To The Orangebrook Golf
Course Redevelopment, A General Obligation Bond Project, Through A
Public-Private Partnership; Authorizing The Appropriate City Officials To
Negotiate An Agreement With One Of The Four Ranked Firms.
Steve Stewart, Office of Procurement & Contract Compliance, provided
a presentation on the intent of the resolution and the events to date.
Commissioner Callari left the meeting at 2:10 PM and returned at 2:12
PM.
Discussion ensued among members of the Commission.
Jose Cortez, Director of Design and Construction Management,
responded to questions raised by the Commission.
Discussion ensued among members of the Commission.
Dr. Wazir Ishmael, City Manager, responded to questions raised by the
Commission
Douglas Gonzales, City Attorney, responded to questions raised by the
Commission.
Discussion ensued among staff and members of the Commission.
The following individuals expressed personal opinions/concerns:
1. Claire Garrett, 3148 Calle Largo Drive
2. Ann Ralston, 326 S 14th Avenue
3. Terry Cantrell, 745 Harrison Street
4. Warren Denise, 6741 Custer Street
5. Steven Baker, 2500 E. Hallandale Beach Blvd
6. Shaun Tillotson, 2110 N 41 Avenue
7. Cliff Day, 157 Calle Largo Drive
8. Tim Haynick, 745 N Crescent Drive
9. Silvia Berman, 3349 Hollywood Oaks Drive
10. Margaret Patino, 1830 N 50 Avenue
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11. Lesli Franco, 1955 Harrison Street
12. Paul Farren,1425 Arthur Street
13. Catherine Uden, 1120 Lyontree Street
14. Thomas Lander, 3186 Roosevelt Street
15. Marie Suarez, Greater Hollywood Chamber of Commerce
16. Andrew Sossin, 3801 Farragut Street
17. Gabe Seghi, 3501 N 37th Street
18. Elmyra Powell, 3236 Van Buren Street
19. Jennifer Locane, 4619 Van Buren Street
20. Kenny Szuch, 400 Entrada Drive
21. Ryan Mermer, 1745 E Hallandale Bch Blvd
Commissioner Callari left the meeting at 3:32 PM and returned at 3:37
PM.
22. Liz Brauser. 4140 N 43 Avenue
23. Randy Weber, 323 Elm Street, #8
24. Ronnie Rosenbaum, 3881 N 49 Avenue
Commissioner Shuham left the meeting at 3:39 PM.
The Commission recessed at 3:40 PM and reconvened at 3:46 PM with
all members of the Commission present.
Extensive discussion ensued among members of the Commission.
ACTION: Motion was made by Vice Mayor Gruber, which was
seconded by Commissioner Biederman, to adopt the Resolution
with the ranking of the proposers: 1. GCF/PPG; 2. Ernie Els; 3.
E2L.
Extensive discussion ensued among members of the Commission.
Shiv Newaldass, Director of Development Services, responded to
questions raised by the Commission.
Lee Ann Korst, CBRE, provided additional information.
Discussion ensued among members of the Commission.
Keith Poliakoff, GCF Development LLC, responded to questions raised
by the Commission.
Discussion ensued among members of the Commission.
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Ari Pearl, GCF Development, responded to questions raised by the
Commission.
Discussion ensued among member of the Commission.
Douglas Gonzales, City Attorney, provided additional information.
Discussion ensued among member of the Commission.
Rees Jones, GCF Development, responded to questions raised by the
Commission.
ACTION: On voice vote the motion made by Vice Mayor Gruber,
which was seconded by Commissioner Biederman, to adopt the
Resolution with the ranking of the proposers: 1. GCF/PPG; 2.
Ernie Els; 3. E2L failed 3-4. Commissioner Shuham,
Commissioner Anderson, Commissioner Callari and
Commissioner Quintana were opposed.
ACTION: Motion was made by Commissioner Callari, which was
seconded by Commissioner Biederman, to adopt the Resolution
with the ranking of the proposers as: 1. GCF/PPG; 2. E2L; 3. Ernie
Els. On a voice vote the motion passed 4-3. Commissioner
Shuham, Commissioner Anderson and Commissioner Quintana
were opposed.
The Commission recessed at 5:22 PM and reconvened at 5:36 PM with
all members of the Commission present.
24. Commissioner Quintana, District 6
Black History Month
Commissioner Quintana stated she had a great experience being a part
of the African American Advisory Council celebration, it was a great
event.
Women’s History Month
Commissioner Quintana stated she is looking forward to March and
celebrating Women’s History Month.
Strategic Plan
Commissioner Quintana stated she enjoyed taking part in the first phase
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Regular City Commission Meeting Meeting Minutes - Final March 1, 2023
of the Strategic Plan session, and is looking forward to the next phase,
and she wants to make sure the City has a clear vision. She stated the
quality of the speakers at the Strategic Plan were excellent, and how
important it is for the City to be diversified economically and not rely on
one industry to keep the City growing.
25. Commissioner Shuham, District 1
Welcome
Commissioner Shuham welcomed new Public Works Director, Joseph
Kroll, and thanked Annalie Holmes, Assistant Director of Public Works,
for stepping in and taking on the acting role.
Commissioner Callari left the meeting at 5:40 PM and returned 5:41 PM.
Legislative Issues
Commissioner Shuham stated Tallahassee is in session and they are
passing bills which would pre-empt anything the City does. She wants to
focus what needs to be completed before the pre emption starts. She
requested staff to keep the Commission informed on legislation which
has pre emptions in them which would affect the City.
Alleyways
Commissioner Shuham questioned if there are ways for the City to
maximize the use of alleys in the Downtown Hollywood area. She stated
the City needs to be cautious as developments are coming to the City in
the near future as this issue is addressed.
Mardi Gras
Commissioner Shuham thanked the producers of the Mardi Gras event
and stated it looked like a lot of fun.
Orangebrook
Commissioner Shuham thanked all the proposers on the Orangebrook
Project. She stated that it is great to see countless designs from all
involved.
26. Commissioner Anderson, District 2
Black History Month
Commissioner Anderson thanked the African American Advisory Council
for the Black History month event they put on at Washington Park
Community Center. She thanked Alison Saffold, Civic Affairs
Administrator, for her involvement. Commissioner Anderson stated she
will invite everyone out next year for the experience.
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27. Commissioner Callari, District 3
Rotary Park
Commissioner Callari stated she attended first pitch on the opening day
for Rotary Park.
Mardi Gras Event
Commissioner Callari stated she attended the Mardi Gras event where
she had her first craw fish. It was a beautiful day and everyone had a
great time.
Dr. Wazir Ishmael Proclamation
Commissioner Callari stated she is excited about the future of Hollywood
and how proud she was to be present for the recognition presentation of
Dr. Wazir Ishmael, City Manager.
28. Vice Mayor Gruber, District 4
Day of Hate
Vice Mayor Gruber thanked the Police Department for their plan to
combat the Day of Hate that circled on the internet. He stated it was nice
to see support from many of the residents.
Portrait of a Public Servant Event
Vice Mayor Gruber stated he was pleased to attend the Portrait of a
Public Servant event honoring Commissioner Anderson. He stated it
was a special evening and well deserved.
Playland Estates
Vice Mayor Gruber requested an update from staff on the completion of
the Playland Estates lighting. He stated there has not been an update
from FPL since October of 2022.
Legislative Issues
Vice Mayor Gruber requested staff to look into what the pre emptions are
for the affordable housing bill as they put limitations on height for
affordable housing projects.
29. Commissioner Biederman, District 5
Stan Goldman Skate Park
Commissioner Biederman requested the zoning be re-evaluated for a
building between the Skate Board Park and Stan Goldman Park, to
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Regular City Commission Meeting Meeting Minutes - Final March 1, 2023
maintain that area as open space.
Shiv Newaldass, Director of Developmental Services, stated the property
is a C-4 zoning and the City cannot downsize private property.
Housing Additions
Commissioner Biederman stated there are a lot of houses that are single
family homes and they are adding on additional living units either by
enclosing the garage or with a detached building. He requested that staff
ensure the City receives the proper amount of fees for these additions.
Smoke Shops
Commissioner Biederman stated the City needs to get control of the
smoke shop situations as there is now a fifth one between N 56 Avenue
and 64 Avenue on Johnson Street.
Property Space
Commissioner Biederman stated there was a quasi judicial hearing
today for the Auto Zone property, and the zoning does not address
minimum height or mandated mixed use for these properties. He
requested Commission support to utilize the properties space with
minimum height or mandated mixed-use. Commissioner Shuham and
Commissioner Quintana supported the request.
Dr. Wazir Ishmael, City Manager, stated there are various ways to
address minimum height size and get full use of the parcel.
Beach Master Plan
Commissioner Biederman requested an update and re evaluation of the
Beach Master Plan.
Charging Stations
Commissioner Biederman requested a RFP for electric vehicle charging
stations to add locations in the City where the vendor could pay the City.
Mayor Levy stated other cities have required elements for new
development of certain types and size and have infrastructure that would
be prefitted for electric vehicle charging.
Dr. Wazir Ishmael, City Manager, stated Noresco is handling the RFP for
electric charging stations.
Boys and Girls Club Hall of Fame
Commissioner Biederman stated in January the Boys and Girls Club had
a Hall of Fame Award Ceremony acknowledging the Hollywood Advisory
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Counsel for years of success raising money. Commissioner Biederman
presented Commissioner Callari with an award welcoming her to the
Marti Huizenga Boys and Girls Club Advisory Council Hall of Fame of
Broward County.
30. Mayor Levy
Thank you
Mayor Levy thanked everyone involved in the amazing events such as :
Black History Month; JROTC ceremonies; the Chris Hixon foundation 5K
on the beach; Hollywood Beach Civic Association meeting; Rotary
baseball opening day. He also thanked the Police Department for taking
the Anti-Semitism threat seriously.
Sickle-Cell Medical Home
Mayor Levy stated Memorial Health Care System opened up the sickle
cell medical home. He stated that the center is one of a kind in Broward
County.
Beach Cameras
Mayor Levy requested Commission support for the beach cameras to
catch the sunrise. He also suggested maybe to have audio trigger on and
off during 7:00 PM to 9:00 PM when the bandshell has music events.
Commissioner Shuham, Commissioner Anderson and Vice Mayor
Gruber supported it.
Welcome
Mayor Levy welcomed the new Public Works Director, Joseph Kroll, to
the City.
31. City Attorney
Douglas Gonzales, City Attorney, had no further comments.
32. City Manager
Thank you
Dr. Wazir Ishmael, City Manager, thanked Representative Woodson and
everyone involved for his proclamation.
Turtle Nesting
Dr. Wazir Ishmael, City Manager, requested everyone to do their part as
today marks the first day of sea turtle nesting season; which runs from
March 1st thru to October 31st.
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Charter Review Committee
Dr. Wazir Ishmael, City Manager, stated the Charter Review Committee
application deadline has been extended until March 27, 2023.
Passport Fair
Dr. Wazir Ishmael, City Manager, stated Representative Debbie
Wassermann Schultz will be at the Polk Street Post Office hosting a
Passport Fair. He stated the event will take place March 4, 2023 from
9:00 AM until noon.
Concert
Dr. Wazir Ishmael, City Manager, stated the ArtsPark Experience concert
is back and will feature the Soul Rebels. The event will be held at
ArtsPark on March 11th at 7:00 PM and there will be two more shows in
the concert series on April 16, 2023 and May 7, 2023
St. Patrick’s Day
Dr. Wazir Ishmael, City Manager, stated the St. Patrick’s Day event will
be on Sunday, March 12th at noon, and will feature music, children’s
activities and the world-famous Budweiser Clydesdales.
Introduction
Dr. Wazir Ishmael, City Manager, introduced the new Public Works
Director Joseph Kroll. He stated Mr. Kroll came to the City with
experience working in cities such as Aventura, Southside, and Lake
Worth.
Joseph Kroll, Public Works Director, stated he was thankful for the
opportunity to work here in Hollywood, and was focused on the future.
33. The meeting adjourned at 6:10 PM.
______________________________
Patricia A. Cerny, MMC
City Clerk
Hollywood, Florida
Approved on:
_________________________
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Agenda
Regular City Commission Meeting
Wednesday, March 1, 2023
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
Adam Gruber, Vice Mayor - District 4
Caryl Shuham, Commissioner - District 1
Linda Hill Anderson, Commissioner - District 2
Traci Callari, Commissioner - District 3
Kevin Biederman, Commissioner - District 5
Idelma Quintana, Commissioner - District 6
Dr. Wazir Ishmael, City Manager
Douglas R. Gonzales, City Attorney
Patricia A. Cerny, City Clerk
Regular City Commission Meeting Meeting Agenda - Final March 1, 2023
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 -12
1:15 PM - Item - 13,14
1:45 PM - Item - 15
1. Moment of Silence
2. Pledge of Allegiance
3. Recognition of Veterans, Active Service Personnel & Their Families
4. Roll Call
CONSENT AGENDA
(Items # 5-11)
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.
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Regular City Commission Meeting Meeting Agenda - Final March 1, 2023
OFFICE OF BUDGET & PERFORMANCE MANAGEMENT
5. R-2023-051 A Resolution Of The City Commission Of The City Of
Hollywood, Florida, Authorizing The Appropriate City Officials
To Execute The 2023 Amendment To The Interlocal Agreement
With Broward County Regarding Additional Local Option Gas
Tax On Motor Fuel, And The 2023 Amendment To The
Interlocal Agreement With Broward County Regarding
Additional Local Option Gas Tax On Motor Fuel For Transit.
Attachments: 2023 Reso FY 24 Gas Tax.docx
Exhibit 1
Exhibit 2
2023 Gas Tax Term Sheet.doc
Strategic Plan Focus Area: Financial Management & Administration
CODE COMPLIANCE DIVISION
6. R-2023-052 A Resolution Of The City Commission Of The City Of
Hollywood, Florida, Approving And Appointing Two Special
Magistrates Pursuant To Chapter 36 Of The City Of Hollywood
Code Of Ordinances And Authorizing The Execution Of
Retainer Agreements With The Two Special Magistrates For An
Estimated Annual Expenditure Of $18,000.00.
Attachments: SM Contract Resolution
T Ansbro Retainer Agreement
J Secher Retainer Agreement
T Ansbro Proposal
J Secher Proposal
Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods
DEPARTMENT OF FIRE RESCUE & BEACH SAFETY
7. R-2023-053 A Resolution Of The City Commission Of The City Of
Hollywood, Florida, Authorizing The Appropriate City Officials
To Execute A Blanket Purchase Agreement For A Stretcher
Maintenance Service Plan And Medical Supplies, On An
As-Needed Basis, With Stryker Sales In An Amount Not To
Exceed $44,000.00 In Accordance With Section 38.41(C)(9) Of
The City’s Purchasing Ordinance (Best Interest).
Attachments: Resolution (Stretcher Maintenance Service Plan).docx
PA_300000006758576_PA600656_0-3.pdf
Quote from Stryker Sales.pdf
Term Sheet (Best Interest).doc
Requires a 5/7 Vote
Strategic Plan Focus Area: Public Safety
City of Hollywood Page 3
Regular City Commission Meeting Meeting Agenda - Final March 1, 2023
DEPARTMENT OF PARKS, RECREATION & CULTURAL ARTS
8. R-2023-054 A Resolution Of The City Commission Of The City Of
Hollywood, Florida, Approving And Authorizing, By Special
Exception, The Participation Of The Budweiser Clydesdale
Horses In The City Of Hollywood St. Patrick’s Day Parade And
Festival On Sunday, March 12, 2023.
Attachments: Reso - CLYDASDALE St Patricks Day Parade 2023-final.docx
Clydesdales Facts-2023.pdf
Strategic Plan Focus Area: Communications & Civic Engagement
DEPARTMENT OF PUBLIC UTILITIES
9. R-2023-055 A Resolution Of The City Commission Of The City Of
Hollywood, Florida, Approving And Authorizing The Appropriate
City Officials To Execute A Blanket Purchase Agreement With
Nalco Water, Inc. For The Delivery And Supply Of Nalco
Pc-1850t Antiscalant And 3d Trasar Technology For An Annual
Amount Of $195,000.00 Over A Three Year Period From March
11, 2023 Through March 10, 2026, In Accordance With Section
38.41(C)(2) Of The Procurement Code (Sole Source).
Attachments: Resolution Nalco PC-1850T Antiscalant Sole Source - Copy - Copy.docx
Draft BPA 600653 Nalco PC-1850T Antiscalant.pdf
Nalco PC-1850T Sole Source NTSS-040-23 Bid Solicitation Completed.pdf
Nalco Approved COI.pdf
Term Sheet (Sole Source).doc 3.doc
Strategic Plan Focus Area: Financial Management & Administration
10. R-2023-056 A Resolution Of The City Commission Of The City Of
Hollywood, Florida, Approving And Authorizing The Appropriate
City Officials To Execute An Authorization To Proceed For Work
Order No. H&S 23-03 With Hazen And Sawyer, P.C. To Provide
Professional Engineering Services, In An Amount Not To
Exceed $85,724.00, For Design And Bidding Services Related
To Grit Removal And Miscellaneous Equipment Repairs For
Various Treatment Processes At The Southern Regional
Wastewater Treatment Plant; Amending The Fiscal Year 2023
Operating Budget.
Attachments: Resolution - H&S 23-03 Grit Removal.docx
Exhibit 1.pdf
Authorization to Proceed - H&S 23-03 Grit Removal.pdf
Proposal - H&S 23-03 Grit Removal.pdf
Renewal Letter - H&S 23-03 Grit Removal.pdf
Sunbiz Detail - H&S 23-03 Grit Removal.pdf
Strategic Plan Focus Area: Infrastructure & Facilites
City of Hollywood Page 4
Regular City Commission Meeting Meeting Agenda - Final March 1, 2023
11. R-2023-057 A Resolution Of The City Commission Of The City Of
Hollywood, Florida, Approving And Authorizing The Appropriate
City Officials To Issue The Attached Purchase Order To Dobbs
Equipment, LLC For Two 410P 4x4 Loader Backhoes In The
Amount Of $353,997.00 Over A One-Year Period, Based On
The Florida Sheriffs Association Bid FSA 20-EQU 18.0: Heavy
Equipment In Accordance With Section 38.41(C)(5) Of The
City’s Procurement Code; Amending the Fiscal Year 2023
Capital Improvement Plan (Piggyback).
Attachments: Reso FSA Loader Backhoe Piggyback 1-5-23rev.docx
Exhibit 1.pdf
Exhibit 2.pdf
Draft PO_300000006748571_PFY-2301432_0.pdf
FSA Piggyback Request Form signed by Vin and Coy.pdf
FSA Piggyback Checklist - Legistar.pdf
FSA Contract.pdf
Hollywood 23 410P Cab Ext Standard frt bkt no forks 11-11-22.doc
Hollywood 23 410P Cab Ext Standard frt bkt with C clamp forks 11-8-22.doc
COI Approved.pdf
COI Approval Email.pdf
Strategic Plan Focus Area: Infrastructure & Facilites
1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS
12. P-2023-012 A Proclamation In Recognition Of Irish American Heritage
Month - March 2023.
Attachments: 03-01-23-Irish American Heritage.docx
Strategic Plan Focus Area: Communications & Civic Engagement
1:15 PM TIME CERTAIN ITEM(S)
13. P-2023-013 Presentation By Charles Flaxman, Chair, Regarding The Annual
Report For The Emerald Hills Safety Enhancement Board.
Strategic Plan Focus Area: Communications & Civic Engagement
14. P-2023-014 Presentation By Jill Weisberg, Chair, Regarding The Annual
Report For The Artwork Selection Committee.
Strategic Plan Focus Area: Communications & Civic Engagement
City of Hollywood Page 5
Regular City Commission Meeting Meeting Agenda - Final March 1, 2023
1:45 PM TIME CERTAIN ITEM(S)
15. R-2023-028 A Resolution Of The City Commission Of The City Of
Hollywood, Florida, Ranking Firms To Provide Services Related
To The Orangebrook Golf Course Redevelopment, A General
Obligation Bond Project, Through A Public-Private Partnership;
Authorizing The Appropriate City Officials To Negotiate An
Agreement With One Of The Four Ranked Firms.
Attachments: Orangebrook Resolution.docx
P3 Notice.pdf
Evaluation Form (02-13-2023).pdf
CBRE Analysis (02-09-2023).pdf
E2L BAFO.pdf
Ernie Els BAFO.pdf
GCF-PPG BAFO.pdf
Green Lynx BAFO.pdf
Office Of Procurement & Contract Compliance
Continued From the January 18, 2023 Meeting
Strategic Plan Focus Area: Economic Vitality
QUASI-JUDICIAL ITEM(S)
(Rules of Procedure Attached to Agenda)
16. R-2023-058 A Resolution Of The City Commission Of The City Of
Hollywood, Florida, Approving The “Victory at Hollywood” Plat,
Being In The City Of Hollywood, Broward County, Florida,
Located At 901 South State Road 7.
Attachments: 1 EN23-053- Resolution Victory at Hollywood plat_ (002).doc JB edits legal reviewed.doc
3 Exhibit A VICTORY AT HOLLYWOOD plat_2023-01-19.pdf
4 Exhibit B (024-MP-22) Response to LOO DRR.pdf
Engineering Division
Strategic Plan Focus Area: Economic Vitality
City of Hollywood Page 6
Regular City Commission Meeting Meeting Agenda - Final March 1, 2023
REGULAR AGENDA
17. R-2023-059 A Resolution Of The City Commission Of The City Of
Hollywood, Florida, Appointing Nine To Eleven Regular
Members To The Charter Review Committee.
Attachments: 2023 Reso Charter Review Committee.doc
Abeo Manning.pdf
Aimee Schmalzle.pdf
Alex Recio.pdf
Allain Mcguffie.pdf
Andrew Ruffner.pdf
Ann Ralston.pdf
Catherine Uden.pdf
Christine Corbo.pdf
Dale Bruschi.pdf
Guy Simani.pdf
Karen Albertson.pdf
Kathlem Drabik Dibona.pdf
Lee Gottlieb.pdf
Mary Siobhan McLaughlin.pdf
Mitchell Anton.pdf
Rick Goldman.pdf
Robert Vargas.pdf
Samuel Berens.pdf
Sandra Einhorn.pdf
Steven Rich.pdf
Suzanne Gunzburger.pdf
Theresa Fortnash.pdf
Thomas Lander.pdf
Walter Collins.pdf
BOARD GRID VOTE - Charter Review.docx
Office Of The City Clerk
Staff Request Continuance To The April 4, 2023 Meeting.
Strategic Plan Focus Area: Communications & Civic Engagement
18. R-2023-060 A Resolution Of The City Commission Of The City Of
Hollywood, Florida, Appointing City Commission Members As
The Voting And Alternate Voting Delegates For The Broward
County League Of Cities For 2023 - 2024.
Attachments: R-bro-leg-appt.DOC
Office Of The City Clerk
Strategic Plan Focus Area: Communications & Civic Engagement
City of Hollywood Page 7
Regular City Commission Meeting Meeting Agenda - Final March 1, 2023
19. R-2023-061 A Resolution Of The City Commission Of The City Of
Hollywood, Florida, Considering The Continuance/Sunsetting Of
The Following Advisory Boards: Affordable Housing Advisory
Committee; African American Advisory Council; Artwork
Selection Advisory Committee; Education Advisory Committee;
General Obligation Bond Oversight Advisory Committee; Marine
Advisory Board; Parks, Recreation & Cultural Arts Advisory
Board; Sustainability Advisory Committee; And The Young
Circle Artspark Advisory Board.
Attachments: R-sunset.doc
Office Of The City Clerk
Strategic Plan Focus Area: Communications & Civic Engagement
20. R-2023-062 A Resolution Of The City Commission Of The City Of
Hollywood, Florida, Amending The Previously Adopted Fiscal
Year 2021-2022 Annual Action Plan To Approve A Special
Grant Allocation Of HOME Investment Partnerships Program -
American Rescue Plan Funds Made Available To The City To
Provide Homelessness Assistance And Supportive Services To
Qualifying Populations In The Amount Of $1,915,134.00, From
The United States Department Of Housing And Urban
Development.
Attachments: Reso TMP-2023-084DB 2.22.23.docx
Hollywood HOME-ARP_Allocation_Plan (02.16.2023) DB FINAL.pdf
Advertised Public Hearing
Community Development Division
Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods
City of Hollywood Page 8
Regular City Commission Meeting Meeting Agenda - Final March 1, 2023
21. R-2023-063 A Resolution Of The City Commission Of The City Of
Hollywood, Florida, Authorizing The State Revolving Fund
Clean Water Program Loan Application For $12,393,719.00
Including Capitalized Interest And Loan Service Fees For
Funding Of The Ocean Outfall Regulatory Compliance Phase II
- Deep Injection Wells Nos. 3 And 4 Pump Station Project;
Authorizing The Appropriate City Officials To Execute A Loan
Agreement For The Funding; Establishing Pledged Revenues;
Designating Authorized Representatives; Providing Assurances;
Amending The Fiscal Year 2023 Capital Improvement Plan.
Attachments: Resolution- SRF Funding FDEP WW0604C0 for DIWs Pump Station.docx
Exhibit 1 - Funding for SRF Pump Station at SRWWTP.pdf
Exhibit 2.pdf
R-2019-094 Ocean Outfall SRF Loan Application.pdf
R-2019-244 deep well.pdf
R-2021-159 State Revolving Fund Clean Water.pdf
R-2021-161 State Revolving Fund Drinking Water Program.pdf
R-2022-069 Cardinal Contractor Deep Injection Wells No. 3 and No. 4 B&C 22-02.pdf
R-2022-283 FY 2023 Operating Budget.pdf
R-2022-284 Five Year 2023-2027 CIP.pdf
Department Of Public Utilities
Strategic Plan Focus Area: Infrastructure & Facilites
22. R-2023-064 A Resolution Of The City Commission Of The City Of
Hollywood, Florida Authorizing The State Revolving Fund
Drinking Water Program Loan Application For $18,395,671.00
Including Capitalized Interest And Loan Service Fees For
Funding Of The Ocean Outfall Regulatory Compliance Phase II
- Deep Injection Wells Nos. 3 And 4 Pump Station Project;
Authorizing The Appropriate City Officials To Execute A Loan
Agreement For The Funding; Establishing Pledged Revenues;
Designating Authorized Representatives; Providing Assurances;
Amending The Fiscal Year 2023 Capital Improvement Plan.
Attachments: Resolution - Additional SRF Funding DW0604D0 - Phase II.docx
Exhibit 1 - Funding for SRF Pump Station at SRWWTP.pdf
Exhibit 2 - Funding for SRF DW0604D0 DIW Pump Station at SRWWTP.pdf
R-2019-094 Ocean Outfall SRF Loan Application.pdf
R-2019-244 deep well.pdf
R-2021-159 State Revolving Fund Clean Water.pdf
R-2021-161 State Revolving Fund Drinking Water Program.pdf
R-2022-069 Cardinal Contractor Deep Injection Wells No. 3 and No. 4 B&C 22-02.pdf
R-2022-283 FY 2023 Operating Budget.pdf
R-2022-284 Five Year 2023-2027 CIP.pdf
Department of Public Utilities
Strategic Plan Focus Area: Infrastructure & Facilites
City of Hollywood Page 9
Regular City Commission Meeting Meeting Agenda - Final March 1, 2023
23. R-2023-065 A Resolution Of The City Commission Of The City Of
Hollywood, Florida, Establishing The Large User Rate For
Sewage Treatment And Disposal By The Large Users Of The
Southern Regional Wastewater Treatment Plant Including
Broward County, Dania Beach, Hallandale Beach, Miramar,
Pembroke Park, And Pembroke Pines At $3.20 Per Thousand
Gallons Of Wastewater Received For The Fiscal Year 2023.
Attachments: Resolution- Large User Rate Change.docx
Large User Agreement- Dania version.pdf
FY 2023 Large User Rate Report.pdf
Department of Public Utilities
Strategic Plan Focus Area: Infrastructure & Facilites
COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY
MANAGER
24. Commissioner Quintana, District 6
25. Commissioner Shuham, District 1
26. Commissioner Anderson, District 2
27. Commissioner Callari, District 3
28. Vice Mayor Gruber, District 4
29. Commissioner Biederman, District 5
30. Mayor Levy
31. City Attorney
32. City Manager
33. ADJOURNMENT
City of Hollywood Page 10
Regular City Commission Meeting Meeting Agenda - Final March 1, 2023
Any person who wishes to speak must first complete a comment card from the City Clerk. Comment
cards must be returned to the City Clerk within the first five minutes after the start of the agenda item .
After being recognized, approach the podium, give your name and address, identify your client or
clients (if applicable). A citizen's time is not transferable to any other person.
Citizens' Comments shall be held on the Third Wednesday of each month at the Regular City
Commission Meeting in the City Commission Chambers, Room 219, at 5:00 PM.
Lobbyist registration is required if any person, firm or corporation is lobbying the City Commission on
any petition or issue, pursuant to the Section 30.15 of the Code of Ordinances.
Any person wishing to appeal any decision made by this Commission with respect to any matter
considered at such meeting or hearing will need a record of the proceedings, and for such purposes
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is made.
Two or more members of the same city board, commission, or committee, who are not of this
Commission, may attend this meeting and may, at that time, discuss matters on which foreseeable
action may later be taken by their board, commission or committee.
Persons with disabilities who require reasonable accommodations to participate in City programs
and/or services may call the Division of Engineering/Transportation & Mobility, Azita Behmardi, ADA
Coordinator/City Engineer, five business days in advance at 954-921-3251 (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 March 1, 2023
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
quasi-judicial hearing.
City of Hollywood Page 12
Regular City Commission Meeting Meeting Agenda - Final March 1, 2023
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 March 1, 2023
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
City of Hollywood Page 14
Regular City Commission Meeting Meeting Agenda - Final March 1, 2023
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
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,
City of Hollywood Page 15
Regular City Commission Meeting Meeting Agenda - Final March 1, 2023
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.
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
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