Regular City Commission Meeting

City of Hollywood Hollywood City Hall 2600 Hollywood Blvd Hollywood, FL 33020 http://www.hollywoodfl.org Meeting Minutes - Final Wednesday, September 20, 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 George R. Keller, Jr., CPPT, City Manager Douglas R. Gonzales, City Attorney Patricia A. Cerny, City Clerk Regular City Commission Meeting Meeting Minutes - Final September 20, 2023 . The Regular City Commission Meeting of the City of Hollywood, Florida, was called to order by Mayor Levy on Wednesday, September 20, 2023 at 1:10 PM in the City Commission Room, Room 219, 2600 Hollywood Blvd., Hollywood, Florida. 1. Moment of Silence 2. Pledge of Allegiance 3. Recognition of Veterans, Active Service Personnel & Their Families 4. Roll Call Present: Commissioner Caryl Shuham, Commissioner Linda Anderson, Commissioner Traci Callari, 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 Shuham, which was seconded by Commissioner Callari, to approve the Consent Agenda. The motion passed unanimously. (7-0) 5. R-2023-290 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Regular City Commission Meeting Minutes Of April 4, 2023. ACTION: This Resolution was moved by Commissioner Shuham, which was seconded by Commissioner Callari and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 6. R-2023-291 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Regular City Commission Meeting Minutes Of April 19, 2023. ACTION: This Resolution was moved by Commissioner Shuham, which was seconded by Commissioner Callari, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) City of Hollywood Page 1 Regular City Commission Meeting Meeting Minutes - Final September 20, 2023 7. R-2023-292 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Apply For And, If Awarded, Accept The Florida Beautification Grant, And Enter Into A Beautification Grant, Landscape Construction, And Maintenance Memorandum Of Agreement With The Florida Department Of Transportation. ACTION: This Resolution was moved by Commissioner Shuham, which was seconded by Commissioner Callari, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 8. R-2023-293 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute An Eighth Amendment To The Home Agreement With Hope South Florida, Inc. For The Administration Of Tenant-Based Rental Assistance Extending The Term Of The Agreement For One Year. ACTION: This Resolution was moved by Commissioner Shuham, which was seconded by Commissioner Callari, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 9. R-2023-294 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 Water Treatment & Controls Tech, Inc. For Two Lime Slaker Volumetric Belt Feeders In An Amount Up to $97,503.00 In Accordance With Section 38.41(C)(2) Of The Procurement Code. (Sole Source) ACTION: This Resolution was moved by Commissioner Shuham, which was seconded by Commissioner Callari, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 10. R-2023-295 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute An Interlocal Agreement With Broward County For Cost-Sharing Support Of The United States Geological Survey Salinity Distribution Study In The Amount Of $87,436.00 In Accordance With Section 38.41(C)(9). (Best Interest) ACTION: This Resolution was moved by Commissioner Shuham, which was seconded by Commissioner Callari, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 11. R-2023-296 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Contract With Envirowaste Services Group, Inc. For Construction City of Hollywood Page 2 Regular City Commission Meeting Meeting Minutes - Final September 20, 2023 Services Related To Inflow And Infiltration Program - Excavated Point Repairs In An Amount Up To $1,494,187.50; Approving And Authorizing The City Manager Or Designee To Approve Utilization Of Contingency Funds Reserved For Undefined Conditions As Set Forth In The Contract, If Necessary And Justified, In An Amount Up To $100,000.00. ACTION: This Resolution was moved by Commissioner Shuham, which was seconded by Commissioner Callari, and adopted on the Consent Agenda. The motion passed unanimously. (7-0) 12. P-2023-083 Presentation By Chief Chris O’Brien, Recognizing Recipients Of Hollywood Police Department Awards For May, June, And July 2023. Deanna Bettineschi, Public Information Manager, read the commendation that resulted in Ryan Cue, Police Officer, being recognized as Officer of the Month for May 2023; Raymond Esquilin, Police Officer, for the Month of June 2023; Manuel Rodriguez-Blevins, Police Detective; Courtney Ortiz, Police Detective, and Shawn Charles, Police Officer, for the Month of July 2023. Deanna Bettineschi, Public Information Manager, read the commendation that resulted in Isabel Camacho, Community Service Officer, being recognized as Employee of the Month for May 2023; Ashlee Hardemon, Teletype Operator and Chantel Magrino, Administrative Specialist I, for the Month of July 2023. Deanna Bettineschi, Public Information Manager, read the commendation that resulted in Kyle Otwell, Police Officer, being recognized with the Lifesaving Award of the Month for May 2023. Jeffrey Devlin, Assistant Police Chief, read the commendation that resulted in Deanna Bettineschi, Public Information Manager, being recognized as Employee of the Month for June 2023. 17. R-2023-298 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Ratifying The 2022-2025 Collective Bargaining Agreement With The Hollywood Professional Firefighters, Local 1375, And Authorizing The Appropriate City Officials To Execute The Agreement. George R. Keller, Jr., explained the intent of the resolution. Alex Jonker, President IAFF Local 1375, expressed personal opinions and concerns. Discussion ensued among staff and members of the Commission. City of Hollywood Page 3 Regular City Commission Meeting Meeting Minutes - Final September 20, 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) 13. PO-2023-14 An Ordinance Of The City Of Hollywood, Florida, Amending Section 97.12, City Code, Entitled “Regulation Of The Release Of Balloons” To Remove The Exception For Biodegradable Or Photodegradable Balloons. 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 Attorney read the ordinance title on second and final reading. ACTION: Motion was made by Commissioner Shuham, which was seconded by Commissioner Callari, to adopt on second and final reading the Ordinance. The motion on roll call vote carried: Aye: Commissioner Shuham Commissioner Anderson Commissioner Callari Vice Mayor Gruber Commissioner Biederman Commissioner Quintana Mayor Levy Enactment No: O-2023-14 14. PO-2023-15 An Ordinance Of The City Of Hollywood, Florida, Amending Chapter 92 Of The Code Of Ordinances Entitled “Animals” To Prohibit A Dog From Attacking Or Biting Another Animal Or Human Being. 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 Attorney read the ordinance title on second and final reading. ACTION: Motion was made by Commissioner Shuham, which was seconded by Commissioner Callari, to adopt on second and final reading the Ordinance. The motion on roll call vote carried: City of Hollywood Page 4 Regular City Commission Meeting Meeting Minutes - Final September 20, 2023 Aye: Commissioner Shuham Commissioner Anderson Commissioner Callari Vice Mayor Gruber Commissioner Biederman Commissioner Quintana Mayor Levy Enactment No: O-2023-15 15. PO-2023-16 An Ordinance Of The City Of Hollywood, Florida, Amending The City’s Adopted Comprehensive Plan By Amending The Land Use Element To Establish Certain Permitted Uses In Areas Designated Open Space And Recreation. (23-L-40) The Mayor announced the ordinance was advertised in conformance with Florida Statutes and City Codes and opened the public hearing. Andria Wingett, Interim Director of Development Services, explained the intent of the ordinance. Ann Ralston, 326 S 14th Avenue, expressed personal opinions/concerns. Discussion ensued among staff and members of the Commission. The City Attorney read the ordinance title on first reading. ACTION: Motion was made by Commissioner Shuham, which was seconded by Commissioner Callari, to adopt on first reading the Ordinance. The motion on roll call vote carried: Aye: Commissioner Shuham Commissioner Anderson Commissioner Callari Vice Mayor Gruber Commissioner Biederman Commissioner Quintana Mayor Levy 16. R-2023-297 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering The Appeal Of A Planning And Development Board Decision Denying The Special Exception Application To Establish A K-12 Educational School Facility At The Property Located At 1720 Harrison Street, In Accordance With The City’s Zoning And Land Development Regulations. (23-AP-69) The City Attorney explained waiving the quasi-judicial procedures and Mayor Levy questioned if there were any objections to waiving them . Barbara Weisburg, Attorney for Staff, stated staff does not waive the quasi-judicial procedures. Being that there was an objection, the quasi-judicial procedures were not waived. The City Clerk swore in City of Hollywood Page 5 Regular City Commission Meeting Meeting Minutes - Final September 20, 2023 those persons wishing to speak. Commissioner Biederman left the meeting at 1:50 PM and returned at 1:52 PM. Commissioner Shuham left the meeting at 1:50 PM and returned at 1:52 PM. Commissioner Quintana left the meeting at 1:51 PM and returned at 1:53 PM. The City Commission disclosed their ex-parte communications. Barbara Weisburg, Attorney for Staff, stated the application is incomplete Jason Gordon, Attorney for the Applicant, stated he wished to continue the item. Keith Poliakoff, representing the Party Intervenor, requested the City Commission to not review the application at this time as FDOT needs to review and grant approval to access onto the State Road. Douglas Gonzales, City Attorney, provided legal counsel to the City Commission as they requested. Barbara Weisburg, Attorney for the Applicant, provided additional information on the incomplete application from the applicant. ACTION: Motion was made by Commissioner Callari, which was seconded by Commissioner Anderson, to continue the Resolution until FDOT has rendered a decision on if a permit is required from their jurisdiction; and the applicant has provided a complete application including the traffic study. Jason Gordon, Attorney for the Applicant, stated on the basis that Florida Department of Transportation approval is not needed or required. Discussion ensued among members of the Commission. Lisa Burnstein, City's Traffic Engineering Consultant, stated the Florida Department of Transportation stated they need more information. She responded to questions raised by the Commission. ACTION: Commissioner Callari withdrew her motion to continue. City of Hollywood Page 6 Regular City Commission Meeting Meeting Minutes - Final September 20, 2023 Keith Poliakoff, Attorney for the Party Intervenor, stated the applicant has not provided a list of expert witnesses. Barbara Weisburg, Attorney for Staff, entered into the record the application for school, evacuation route proposed by appellant, summary of the minutes of the P&D meeting, ordinance of the City amending the permitted use in the CCC1 district O-2004-17, correspondence from the public, rezoning of RAC and Young Circle District O-2016-22, comments from the engineer on the bus plan, O-2006-37 amending criteria for special exceptions, Life Safety Code, staff power point presentation, recording of the P&D Board meeting on this application, State requirements for educational facilities, Section 7.1 City Code for parking requirements. Commissioner Callari left the meeting at 2:22 PM and returned at 2:23 PM. Andria Wingett, Interim Director of Development Services, provided a presentation on the appeal. Barbara Weisburg, Attorney for Staff, asked additional questions of Andria Wingett. Commissioner Anderson left the meeting at 2:38 PM and returned at 2:43 PM. Lisa Burnstein, City Traffic Engineering Consultant, provided testimony on the application as it pertains to traffic. The City Commission asked questions of staff. Jason Gordon, Attorney for the Applicant, entered into evidence photographs of the site. Mayor Levy passed the gavel to Vice Mayor Gruber and left the meeting at 3:07 PM, he returned at 3:09 PM. Jason Gordon, Attorney for Appellant, provided a presentation on the application for appeal. The City Commission asked questions of Jason Gordon. The Commission recessed at 3:17 PM and reconvened at 3:23 PM with Commissioner Callari absent. City of Hollywood Page 7 Regular City Commission Meeting Meeting Minutes - Final September 20, 2023 Jason Gordon, Attorney for the Appellant, continued his presentation on the application for appeal. Commissioner Callari returned to the meeting at 3:24 PM. Jason Gordon, Attorney for the Appellant, called George M. Petrocell, Crain Atlantis Engineers. There was an objection to this witness as he is not on the plans nor has he submitted any documents, reports or plans on the application. The City Attorney sustained the objection. The City Commission asked questions of Jason Gordon. Commissioner Callari left the meeting at 4:24 PM and returned at 4:28 PM. Keith Poliakoff, Attorney for Intervenor, moved to submit the traffic report by Craig into evidence and that all traffic reports submitted by the applicant be fully stricken from the record. Barbara Weisburg, Attorney for Staff, joined in the objection of the traffic reports. Douglas Gonzales, City Attorney, sustained the objection. Keith Poliakoff, Attorney for the Intervenor, objected to the evacuation plan as well, as there is no one here to testify to it. Barbara Weisburg, Attorney for Staff, joined in the objection. Douglas Gonzales, City Attorney, over ruled the objection. Keith Poliakoff, Attorney for the Intervenor, moved for a directive verdict to uphold the P&D decision, as the applicant has not presented any evidence, the attorney only provided his conjecture. Douglas Gonzales, City Attorney, stated evidence is what is in the record, counsel argumentative testimony is not evidence. Keith Poliakoff, Attorney for the Intervener, reviewed the documents he is placing into evidence. The Commission recessed at 4:34 PM and reconvened at 4:53 PM, with all members of the Commission present. City of Hollywood Page 8 Regular City Commission Meeting Meeting Minutes - Final September 20, 2023 Keith Poliakoff, Attorney for the Intervener, provided a presentation on their objections to the application for the special exception of the school. Joaquin Vargas, Traf Tech Engineering, provided expert testimony on behalf of the party intervener. Commissioner Callari left the meeting at 5:03 PM and returned at 5:06 PM. Jeff Katums, Trans Systems, Planner, provided expert testimony on behalf of the party intervener. Cross examination of Joaquin Vargas by Jason Gordon. The Commission asked questions of Keith Poliakoff. The following individuals expressed personal opinions/concerns. 1. Terry Cantrell, 745 Harrison Street 2. Steve Freedman, 1125 Scarlet Oak Street 3. Donna Greene, 526 N Rainbow Drive 4. Ann Ralston, 326 S 14th Avenue 5. Jeff Rusnack, Art and Cultural Center 6. Daniel Aqua, Teach Florida 7. Ayala Avroya 8. Elinor Razla, 3900 N 48th Avenue 9. Emunah Atal, 21388 Marina Cove Circle 10. Meaghan Kent, 2030 Sweetbay Way 11. Diana Pittarelli, 201 Van Buren Street 12. Randall Gilbert, Hollywood Penthouse B, LLC 13. Jacob Thaller, 2500 SW 55 Street 14. Rabbi Razla, Bet Midrash Ohr 15. Mor Hana, 4851 SW 38th Terrace 16. Ronna Manakhimov, 3451 SW 52nd Street 17. Richard Blattner, 3501 Keyser Avenue 18. Jack Jafarmadar, 1619 Harrison Street 19. Tara Jafarmadar, 1619 Harrison Street 20. Mark Butler, 1720 Harrison Street 21. Erena Fridman, 601 Three Islands Blvd 22. Milton Lerman, 686 NE 193 Terrace 23. Pessie Lerman, 686 NE 193 Terrace 24. Costanza Marquez, 8899 NW 107th Court 25. Chaya Luengo, 3353 NW 101st Avenue 26. Hodaya Sofia Camargo, 3201 NW 103 Terrace, Sunrise City of Hollywood Page 9 Regular City Commission Meeting Meeting Minutes - Final September 20, 2023 This item was temporarily passed in order to take the next item. 18. CITIZENS’ COMMENTS The following individuals expressed personal opinions/concerns: 1. Ann Ralston, 326 S 14th Avenue 2. Hosanna Gattle, 3501 W Rolling Hills Circle, Davie 3. Nattaliah Earle, Urban Health Partnerships Mayor Levy passed the gavel to Vice Mayor Gruber and left the meeting at 6:48 PM, he returned at 6:50 PM. Commissioner Callari left the meeting at 6:51 PM and returned at 6:52 PM. 4. Helen Chervin, 2470 Adams Street Commissioner Shuham left the meeting at 6:53 PM and returned at 6:55 PM. 5. Andre Brown, 2326 Mayo Street 6. Carmella Garden, 2239 Freedom Street 7. Bob Glickman, 3111 N Ocean Drive 16. R-2023-297 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering The Appeal Of A Planning And Development Board Decision Denying The Special Exception Application To Establish A K-12 Educational School Facility At The Property Located At 1720 Harrison Street, In Accordance With The City’s Zoning And Land Development Regulations. (23-AP-69) This item was continued from prior in the meeting. Jason Gordon, Attorney for the Appellant, provided closing comments, he requested the item be deferred in order that the issues be addressed. Douglas Gonzales, City Attorney, provided instruction to the Commission on the request for continuance. Keith Poliakoff, Attorney for the Intervenor, provided closing comments. Barbara Weisburg, Attorney for Staff, provided closing comments. Douglas Gonzales, City Attorney, provided instruction to the City Commission on the criteria to consider for the special exception. City of Hollywood Page 10 Regular City Commission Meeting Meeting Minutes - Final September 20, 2023 Discussion ensued among members of the Commission. ACTION: Motion was made by Commissioner Shuham, which was seconded by Commissioner Callari, to adopt the Resolution to support the decision from the Planning & Development Board to deny the application. On a voice vote the motion passed 6-1. Vice Mayor Gruber was opposed. 19. Commissioner Biederman, District 5 Commissioner Biederman had no further comments. 20. Commissioner Quintana, District 6 Commissioner Quintana had no further comments. 21. Commissioner Shuham, District 1 Commissioner Shuham had no further comments. 22. Commissioner Anderson, District 2 Commissioner Anderson had no further comments. 23. Commissioner Callari, District 3 Commissioner Callari had no further comments. 24. Vice Mayor Gruber, District 4 Vice Mayor Gruber had no further comments. 25. Mayor Levy Mayor Levy had no further comments. 26. City Attorney Douglas Gonzales, City Attorney, had no further comments. City of Hollywood Page 11 Regular City Commission Meeting Meeting Minutes - Final September 20, 2023 27. City Manager Website George R. Keller, Jr., City Manager, asked the public to check the City’s website for upcoming public meetings. Brownfield George R. Keller, Jr., City Manager, stated Andria Wingett, Interim Director of Development Services, has an announcement about the Brownfield. Andria Wingett, Interim Director of Development Services, stated in accordance with the Brownfield Redevelopment Act in Florida Statutes Sections 376.77-376.86, the City will be holding two public hearings on October 4, 2023 and October 18, 2023 at 1:15 PM, or as soon thereafter, for a single project located at 309 and 421 N 21st Avenue, and 2031 Polk Street, Hollywood. This will allow the property to be a specified redevelopment area known as a Brownfield Area for the corresponding provision of environmental remediation, rehabilitation and economic development. The areas under consideration will be known as University Station 1, LLC. 28. The meeting adjourned at 8:06 PM. ______________________________ Patricia A. Cerny, MMC City Clerk Hollywood, Florida Approved on: _________________________ City of Hollywood Page 12