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Regular City Commission Meeting

Regular Meeting

Hollywood, FL · October 18, 2023

AgendaMinutes

Minutes

City of Hollywood Hollywood City Hall 2600 Hollywood Blvd Hollywood, FL 33020 http://www.hollywoodfl.org Meeting Minutes - Final Wednesday, October 18, 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 October 18, 2023 . The Regular City Commission Meeting of the City of Hollywood, Florida, was called to order by Mayor Levy on Wednesday, October 18, 2023 at 1:11 PM in the City Commission Room, Room 219, 2600 Hollywood Blvd., Hollywood, Florida. 1. Moment of Silence Mayor Levy called upon Assistant Chief Devlin who announced the two year anniversary of the passing of Officer Chirino and Lieutanant Graham. Mayor Levy announced the passing of Vice Mayor Gruber's father, Maurice Gruber. Mayor Levy asked that the victims of the terrorist attack be remembered. 2. Pledge of Allegiance 3. Recognition of Veterans, Active Service Personnel & Their Families 4. Roll Call Present: Commissioner Caryl Shuham, Commissioner Linda Anderson, Commissioner Kevin D. Biederman, Commissioner Idelma Quintana and Mayor Josh Levy Absent: Commissioner Traci Callari and Vice Mayor Adam Gruber . Note: Commissioner Callari arrived at the meeting at 1:19 PM. CONSENT AGENDA ACTION: Motion was made by Commissioner Callari, which was seconded by Commissioner Quintana, to Approved on Consent Agenda. On a voice vote the motion passed 6-0. Vice Mayor Gruber was absent. 5. R-2023-319 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Establishing A Sister Cities Advisory Committee; Providing For The Purpose And Duties Of The Committee; Providing For The Number Of Committee Members; Providing Criteria For Committee Membership; Providing For Length Of Term Of The Committee. City of Hollywood Page 1 Regular City Commission Meeting Meeting Minutes - Final October 18, 2023 ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Commissioner Quintana and adopted on the Consent Agenda. On a voice vote the motion passed 6-0. Vice Mayor Gruber was absent. 6. R-2023-320 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Regular City Commission Meeting Minutes Of May 3, 2023. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Commissioner Quintana and adopted on the Consent Agenda. On a voice vote the motion passed 6-0. Vice Mayor Gruber was absent. 7. R-2023-321 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Regular City Commission Meeting Minutes Of May 17, 2023. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Commissioner Quintana and adopted on the Consent Agenda. On a voice vote the motion passed 6-0. Vice Mayor Gruber was absent. 9. R-2023-323 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute A Two-Year Agreement With CIGNA For An Employee Assistance Program For An Amount Not To Exceed $141,398.40. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Commissioner Quintana and adopted on the Consent Agenda. On a voice vote the motion passed 6-0. Vice Mayor Gruber was absent. 10. R-2023-324 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 With The Corradino Group, Inc. For Professional Consulting Services For The Preparation Of The Final Design, Permitting, And Construction Specifications For The Replacement And Widening Of The Johnson Street Bridge For A Total Amount Not To Exceed $589,008.78. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Commissioner Quintana and adopted on the Consent Agenda. On a voice vote the motion passed 6-0. Vice Mayor Gruber was absent. City of Hollywood Page 2 Regular City Commission Meeting Meeting Minutes - Final October 18, 2023 11. R-2023-325 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Apply For And Accept The Federal Emergency Management Agency And The Department Of Homeland Security FY2023 Assistance To Firefighters Grant In An Amount Not To Exceed $1,400,000.00 To Purchase Equipment To Refurbish The Fire Rescue Training Tower; Authorizing The Expenditure Of Matching Funds In An Amount Not To Exceed $127,272.73; Authorizing The Appropriate City Officials To Execute All Grant Documents. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Commissioner Quintana and adopted on the Consent Agenda. On a voice vote the motion passed 6-0. Vice Mayor Gruber was absent. 12. R-2023-326 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Miscellaneous Appropriations Grant Agreement With The Hollywood Art And Culture Center, Inc. For The Provision Of Cultural Services Through Visual Arts, Performing Arts And Educational Programming, In The Amount Of $205,000.00. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Commissioner Quintana and adopted on the Consent Agenda. On a voice vote the motion passed 6-0. Vice Mayor Gruber was absent. 13. R-2023-327 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute An Agreement With The Hollywood Art And Culture Center, Inc. For The Purpose Of Coordinating And Managing Cultural Arts Programming Services At Hollywood Central Performing Arts Center In The Amount Of $70,000.00; In Accordance With Section 38.41(C)(9) Of The Procurement Code. (Best Interest) ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Commissioner Quintana and adopted on the Consent Agenda. On a voice vote the motion passed 6-0. Vice Mayor Gruber was absent. 14. R-2023-328 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Ratifying The Submission Of An Application To The Office Of The Attorney General, State Of Florida, To Receive The Fiscal Year 2023/2024 Victims Of Crime Act Grant; Authorizing The Appropriate City City of Hollywood Page 3 Regular City Commission Meeting Meeting Minutes - Final October 18, 2023 Officials To Accept The Grant In An Approximate Amount Of $91,448.00; Authorizing The Appropriate City Officials To Execute All Grant Documents. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Commissioner Quintana and adopted on the Consent Agenda. On a voice vote the motion passed 6-0. Vice Mayor Gruber was absent. 15. R-2023-329 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 Allied Universal Corporation, For The Supply And Delivery Of Sodium Hypochlorite 12% Solution In An Annual Amount Up To $725,000.00, For An Initial Term Of Two Years, Based On The Southeast Florida Governmental Purchasing Cooperative Group Contract No. 497 In Accordance With Section 38.41(C)(5) Of The Procurement Code. (Piggyback) ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Commissioner Quintana and adopted on the Consent Agenda. On a voice vote the motion passed 6-0. Vice Mayor Gruber was absent. 16. R-2023-330 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Ratifying The City Manager’s Approval Of A Purchase Order To Ferguson Waterworks, Inc. For The Purchase Of 25 Fire Hydrants In The Amount Of $82,038.10 In Accordance With Section 38.41(C)(1) Of The City’s Procurement Code. (Emergency Purchases) ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Commissioner Quintana and adopted on the Consent Agenda. On a voice vote the motion passed 6-0. Vice Mayor Gruber was absent. 17. R-2023-331 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 Number H&S 24-01 With Hazen And Sawyer, P.C. For In-House Support Services, On An As-Needed Basis, In An Amount Up To $300,000.00. ACTION: This Resolution was moved by Commissioner Callari, which was seconded by Commissioner Quintana and adopted on the Consent Agenda. On a voice vote the motion passed 6-0. Vice Mayor Gruber was absent. City of Hollywood Page 4 Regular City Commission Meeting Meeting Minutes - Final October 18, 2023 17A. R-2023-338 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Condemning The Brutal Attack On The State Of Israel By The Foreign Terrorist Organization Hamas; Supporting The State Of Israel's Right To Defend Itself; Urging The President And Congress To Provide Emergency Assistance To The State Of Israel. Mayor Levy read the resolution, summarized the recent terrorist attacks against Israel, and read the speech of President Biden. 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. Vice Mayor Gruber was absent. 18. P-2023-090 A Proclamation In Recognition Of National Red Ribbon Week, October 23-31, 2023. Commissioner Quintana read the proclamation in recognition of National Red Ribbon Week, October 23-31, 2023. Melissa Saur, Adjutant, accepted the proclamation and thanked the Commission for the recognition. 21. P-2023-091 Presentation By Ryon Coote, Community Development Division Manager, To Provide An Overview On The 17th Judicial Circuit Community Court For The City Of Hollywood. Ryon Coote, Community Development Division Manager, provided a presentation on the community court program.. Chief Judge Jack Tutor provided additional information in the 17th Judicial Circuit Community Court program. Judge Corey Amanda Cawthorn and Judge Florence Taylor Barner provided additional information on the program. Discussion ensued among the Judges and members of the Commission. 22. R-2023-334 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Accept Federal Funds From The U.S. Department Of Justice, Office Of Justice Programs, Bureau Of Justice Assistance FY23 Community Courts Initiative Grant Program, In The Amount Of $532,305.00, For The City Of Hollywood Community Court Initiative; Authorizing The Appropriate City Officials To Execute All Applicable Grant Documents And Agreements. City of Hollywood Page 5 Regular City Commission Meeting Meeting Minutes - Final October 18, 2023 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 Gruber was absent. 19. R-2023-332 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Making Findings And Designating As A Brownfield Area Real Property Located At 309 And 421 N. 21st Avenue And 2031 Polk Street, Hollywood, Florida 33020, To Be Known As University Station Green Reuse Area, For The Purpose Of Rehabilitation, Job Creation And Promoting Economic Redevelopment; Authorizing The City Of Hollywood To Notify The Florida Department Of Environmental Protection Of The Designation. (21-DP-43a) 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. ACTION: Motion was made by Commissioner Quintana, which was seconded by Commissioner Biederman, to adopt the Resolution. On a voice vote the motion passed 6-0. Vice Mayor Gruber was absent. 23. R-2023-335 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Accept The State Of Florida Department Of Environmental Protection Resilient Florida Program Grant, In The Amount Of $3,255,000.00 For The Lakes Neighborhood Exfiltration - Phase 1 Project; Authorizing The Required Matching Funds In The Amount Of $3,255,000.00; And Authorizing The Appropriate City Officials To Execute All Grant Documents And Agreements For The Project. ACTION: Motion was made by Commissioner Shuham, which was seconded by Commissioner Anderson, to adopt the Resolution. On a voice vote the motion passed 6-0. Vice Mayor Gruber was absent. 24. R-2023-336 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute A Third Amendment Renewing The Agreement For Recyclables Processing Services With Waste Connections Of Florida, Inc. In An Estimated Amount Of $1,900,000.00 Over A Five-Year Period. Joseph Kroll, Director of Public Works, explained the intent of the resolution. City of Hollywood Page 6 Regular City Commission Meeting Meeting Minutes - Final October 18, 2023 Discussion ensued among staff and members of the Commission. Douglas Gonzales, City Attorney, responded to concerns raised by the Commission. Discussion ensued among staff and members of the Commission. Grant Smith, Representing Waste Connections, provided additional information on the proposed amendment. ACTION: Motion was made by Commissioner Shuham, which was seconded by Commissioner Anderson, to adopt the Resolution with an amendment to the contract termination clause in case Broward Waste Authority has a new program in which the City wants to participate and to provide 180 day notice by either party to terminate the contract. On a voice vote the motion passed 6-0. Commissioner Gruber was absent. 25. R-2023-337 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Ratifying The City Manager’s Approval Authorizing The Appropriate City Officials To Bind The Policies For Excess Liability, Excess Workers’ Compensation Insurance, Pollution Liability, Marina Package, Blanket Accident, Storage Tank Liability, Deadly Weapon/Active Shooter, EMT Professional Liability, And Cyber Liability For An Amount Not To Exceed $1,659,640.00 For Which Quotes Were Solicited By Aon Risk Services West, Inc. ACTION: Motion was made by Commissioner Shuham, which was seconded by Commissioner Anderson, to adopt the Resolution. On a voice vote the motion passed 6-0. Commissioner Gruber was absent. 8. R-2023-322 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving General Fund Agency Grants To Certain Non-Profit Organizations Providing Social Services To City Of Hollywood Residents; Authorizing The Appropriate City Officials To Execute Miscellaneous Appropriations Agreements With Each Organization For A Total Allocation Of Funding Not To Exceed $180,000.00; Amending The Fiscal Year 2024 Adopted Operating Budget. (R-2023-300) Discussion ensued among members of the Commission. Laurette Jean, Director of Budget and Performance Management, explained the intent of the resolution. Discussion ensued among staff and members of the Commission. City of Hollywood Page 7 Regular City Commission Meeting Meeting Minutes - Final October 18, 2023 Patricia Cerny, City Clerk, provided additional information. Discussion ensued among staff and members of the Commission. Siobhan McLaughlin, 1409 Rodman Street, expressed personal opinions/concerns. ACTION: Motion was made by Commissioner Biederman, which was seconded by Commissioner Callari, to continue the Resolution to the November 1, 2023 Commission meeting at 1:00 PM at City Hall. On a voice vote the motion passed 4-2. Commissioner Shuham and Commissioner Anderson were opposed. Commissioner Gruber was absent. 20. R-2023-333 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering The Application For Zoning Relief Pursuant To Section 5.8 Of The Zoning And Land Development Regulations By Bet Midrash Ohr Ha-Chayim Ha-Kadosh Inc. For The Establishment Of 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-ZR-70) The Mayor announced the ordinance was advertised in conformance with Florida Statutes and City Codes. Douglas Gonzales, City Attorney, explained the quasi-judicial procedures and 5.08(c) Land Development matters to take public comments. Mayor Levy asked if there was any objection to waiving the quasi -judicial procedures, being there was an objection the quasi-judicial procedures were not waived. The City Commission declared their ex-parte communications. The City Clerk swore in those persons who will provide testimony. Barbara Riesberg, Attorney for Staff, entered into record as "Staff Exhibit A" all back up by staff of 33 separate items and the staff powerpoint, except staff's backup of roman numeral 27 (the applicants exhibits dated October 10, 2023). Barbara Riesberg, Attorney for Staff, provided an opening statement and presentation of case. Barbara Riesberg, Attorney for Staff, called Andria Wingett, Director of Development Services, as a witness to provide testimony. City of Hollywood Page 8 Regular City Commission Meeting Meeting Minutes - Final October 18, 2023 Jason Gordon, Attorney for the Appellant, cross examined Andria Wingett. Keith Poliakoff, Attorney for Party Intervenor, cross examined Andria Wingett. Commissioner Shuham left the meeting at 2:45 PM and returned at 2:46 PM. Jason Gordon, Attorney for the Appellant, provided an opening statement and presentation of case. Upon an objection by Keith Poliokoff, Attorney for Party Intervenor, Douglas Gonzales, City Attorney, read into the record the quasi-judicial procedures as it pertains to timely submitting of documents. Jason Gordon, Attorney for the Appellant, continued the presentation of his case. The City Commission questioned Jason Gordon. Keith Poliakoff, Attorney for Party Intervenor, provided an opening statement and presented their case. Keith Poliakoff, Attorney for Party Intervenor, submitted all their records into evidence as "Intervenor Exhibit 1" including items A thru O. Keith Poliakoff, Attorney for Party Intervenor, called upon Jeff Katims, Trans Systems Corporation, as a witness to provide testimony. The City Commission asked questions of Jeff Katims and he responded to them. The following individuals expressed personal opinions/concerns: 1. Sue Gunzburger, 803 N Southlake Drive 2. Ann Ralston, 326 S 14th Avenue 3. Terry Cantrell, 745 Harrison Street 4. Mark Butler, 1930 Jackson Street 5. Joy Saterlee, Art and Cultural Center Jason Gordon, Applicant, provided closing argument. Commissioner Anderson left the meeting at 3:49 PM and returned at 3:54 PM. City of Hollywood Page 9 Regular City Commission Meeting Meeting Minutes - Final October 18, 2023 Keith Poliakoff, Attorney for the Intervenor, provided closing argument. Barbara Riesberg, Attorney for Staff, provided closing argument. Douglas Gonzales, City Attorney, provided instructions to the Commission and read an email from Vice Mayor Gruber as requested by him. Deliberations by the City Commission. ACTION: Motion was made by Commissioner Callari, which was seconded by Commissioner Shuham, to deny the Resolution. On a voice vote the motion passed 6-0. Commissioner Gruber was absent. . The Commission recessed at 4:26 PM and reconvened at 4:40 PM with Vice Mayor Gruber absent. 27. Commissioner Shuham, District 1 Anniversary Commissioner Shuham announced the 2nd year anniversary of the passing of Officer Chirino and Lieutenant Graham. She stated the City lost two wonderful Police Officers and she wanted to thank those that participated in the run/walk event and luncheon in their honor. Observation of Professionalism Commissioner Shuham stated she was impressed with the Police Department’s response to an incident this past Sunday. She stated anyone who was observing the scene would have noticed how calm, professional, and well-trained the officers were. Cardboard Race Commissioner Shuham thanked all those involved in the successful cardboard boat race last weekend. She stated the event was a lot of fun and there were over 60 entries that she helped to judge. Traffic Calming Commissioner Shuham stated the traffic calming meeting, which took place to educate residents on the projects that are ongoing in district one, was successful. She thanked the Department of Design and Construction Management team for providing the updates. City of Hollywood Page 10 Regular City Commission Meeting Meeting Minutes - Final October 18, 2023 Blue Ribbons Commissioner Shuham stated she wanted to share the news that the Hollywood Arts and Science School (HASS) received a Blue-Ribbon School Award. She stated the HASS Principal received the 2023 Terra Bell Award for Outstanding School Leadership. Dune Planting Commissioner Shuham announced on Saturday, the Broward County Parks and Adopt a Dune program will host a dune planting at North Beach. She stated the information for the event is on the Broward County Park website and also on the adopt a dune website. Commissioner Shuham stated everyone is welcome to come out and plant some dunes. Grapes 4 Grades Fund Raiser Commissioner Shuham announced on Wednesday October 25, 2023 at 6:00 PM the Chamber of Commerce will hold a Grapes 4 Grades fund raiser at the Dania Beach Improv. She stated the event will be a roast on Chris O’Brien, Police Chief, and all the proceeds will go to the Broward Education Foundation. 28. Commissioner Anderson, District 2 Thank You Commissioner Anderson thanked Commissioner Quintana for the successful Commission in the Community Event. She stated the event was very informative and those that attended enjoyed their time. District 2 Master Plan Meeting Commissioner Anderson announced on October 25, 2023, there will be a District 2 masterplan meeting at the Dr. Martin Luther King, Jr., Community Center. She stated anyone interested should come and join the meeting. Traffic Calming Commissioner Anderson stated a traffic calming meeting for District 2 will be held at McNicol Community Center on October 23, 2023, at 7:00 PM. Condolences Commissioner Anderson expressed her condolences to all in Israel and all the families that have been affected. She added she hopes the war ends soon. City of Hollywood Page 11 Regular City Commission Meeting Meeting Minutes - Final October 18, 2023 29. Commissioner Callari, District 3 Condolences Commissioner Callari expressed her sincere condolences to all the victims’ families that are in Israel. Thank you Commissioner Callari thanked everyone for the recognition of Officer Chirino and Lieutenant Graham. She stated she is thankful to be a part of a strong organization that stands together through the tough times. 30. Vice Mayor Gruber, District 4 Message from Vice Mayor Mayor Levy stated he spoke with Vice Mayor Gruber who was unable to attend the meeting today and he asked the Mayor to share with everyone that both Officer Chirino and Lieutenant Graham were on his mind today. 31. Commissioner Biederman, District 5 Commissioner Biederman he has no further comments. 32. Commissioner Quintana, District 6 Thank you Commissioner Quintina thanked the principal and staff of Orange Brook Elementary School, her colleagues, other elected officials, and City staff for all their participation in the Commission in the Community event. She stated she has all the notes and will be acting on them. Reading For The Record Commissioner Quintana announced the Reading For The Record event on October 26th. She stated this year’s book is titled “Lots of Love”. She encouraged everyone to sign up and be a part of the event. Community Connector Volunteer Commissioner Quintana stated she would like to take an opportunity to recruit any District 6 resident as a Community Connector volunteer. She stated there is a grant available that will help develop the community. Condolences Commissioner Quintana stated her heart is filled with heaviness for all the human loss in the past few weeks. She stated she wrote a friend about the war in Israel and that she is hoping peace will arrive soon. City of Hollywood Page 12 Regular City Commission Meeting Meeting Minutes - Final October 18, 2023 33. Mayor Levy Thank you Mayor Levy thanked everyone for their comments and stated it has been a tough ten days and a difficult loss for the Jewish Community. He thanked everyone who attended the vigil at Mara Giulianti Park. He thanked the Police and Fire personnel for their support in making residents feel secure. Mayor Levy stated he lost 5 members of his extended family in Israel and took a moment to memorialize them. Proclamation for Ronald Hady Commissioner Biederman read the proclamation in recognition of Ronald Hady, October 18, 2023. Jaime Hernandez, Emergency and Governmental Affairs Manager, along with the CERT team members recognized the passing of CERT member and City resident Ronald Hady. Commissioner Callari left the meeting at 5:15 PM. 34. City Attorney Forever Chemicals Douglas Gonzales, City Attorney, stated that there has been communication from outside council regarding the Aqueous Film-Forming Foams (AFFF) Litigation also known as forever chemicals that are in our water system. He stated there is a class action lawsuit, that is seeking the City to join. He requested authorization to enter a retainer and join the litigation group. ACTION: Motion was made by Commissioner Shuham, which was seconded by Commissioner Quintana, to authorize the City Attorney to sign the retainer and join the litigation. On voice vote the motion passed 5-0. Commissioner Callari and Vice Mayor Gruber were absent. 26. CITIZENS’ COMMENTS The following individuals expressed personal opinions/concerns: 1. Ann Ralston, 326 S 14th Avenue 2. Andrew Ruffner, Hollywood Historical Society 3. Andre Brown, 2316 Mayo Street 4. Jeff Oliverio, 1134 Jefferson Street 5. Siobhan McLauglin, 1409 Rodman Street City of Hollywood Page 13 Regular City Commission Meeting Meeting Minutes - Final October 18, 2023 6. Catherine Uden, 1120 Lyonstree Street 7. Carmella Gardner, 2239 Freedom Street 35. City Manager Positive Outcome George R. Keller, Jr., City Manager, encouraged all who are interested in City events and meetings to go to the City's website. He encouraged everyone to work together and be positive to overcome the negativity and hate. 36. The meeting adjourned at 5:42 PM. ______________________________ Patricia A. Cerny, MMC City Clerk Hollywood, Florida Approved on: _________________________ City of Hollywood Page 14

Agenda

Regular City Commission Meeting Wednesday, October 18, 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 George R. Keller, Jr., CPPT, City Manager Douglas R. Gonzales, City Attorney Patricia A. Cerny, City Clerk Regular City Commission Meeting Meeting Agenda - Final October 18, 2023 NOTES As a courtesy the City is offering a new option for Citizens’ Comments, other than in -person comments, for persons to participate at 5:00 PM by telephone. The option for public comment via telephone is not available for Proclamations, Presentations or other agenda items. Advance registration is required to participate via telephone for Citizens' Comments at : https://fl-hollywood2.civicplus.com/FormCenter/City-Clerk-12/Citizens-Comments-Telephone-Re gistration-291 This registration form must be received by noon on the Tuesday prior to the meeting. Requests received after this time will not be honored. The public is encouraged to participate in -person at City Hall, 2600 Hollywood Boulevard, room 219. 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 - #18 1:15 PM - Item - #19 1:30 PM - Item - #20 5:00 PM - Item - #26 1. Moment of Silence 2. Pledge of Allegiance 3. Recognition of Veterans, Active Service Personnel & Their Families 4. Roll Call CONSENT AGENDA (Items # 5-17) City of Hollywood Page 2 Regular City Commission Meeting Meeting Agenda - Final October 18, 2023 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 CLERK 5. R-2023-319 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Establishing A Sister Cities Advisory Committee; Providing For The Purpose And Duties Of The Committee; Providing For The Number Of Committee Members; Providing Criteria For Committee Membership; Providing For Length Of Term Of The Committee. Attachments: Board resolution.docx Strategic Plan Focus Area: Communications & Civic Engagement 6. R-2023-320 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Regular City Commission Meeting Minutes Of May 3, 2023. Attachments: 5.3.2023-Reso-Min-Regular.docx May 3, 2023 minutes.pdf Strategic Plan Focus Area: Communications & Civic Engagement 7. R-2023-321 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Regular City Commission Meeting Minutes Of May 17, 2023. Attachments: 5-17-2023-Reso-Min-Regular.docx May 17, 2023 minutes.pdf Strategic Plan Focus Area: Communications & Civic Engagement OFFICE OF THE CITY MANAGER 8. R-2023-322 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving General Fund Agency Grants To Certain Non-Profit Organizations Providing Social Services To City Of Hollywood Residents; Authorizing The Appropriate City Officials To Execute Miscellaneous Appropriations Agreements With Each Organization For A Total Allocation Of Funding Not To Exceed $180,000.00; Amending The Fiscal Year 2024 Adopted Operating Budget. (R-2023-300) Attachments: FY24 GF Grants Resolution.docx FY24 EXHIBIT 1.pdf FY24 GF Grants Agreement.docx FY24 GF Grants Addendum A.docx Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods City of Hollywood Page 3 Regular City Commission Meeting Meeting Agenda - Final October 18, 2023 OFFICE OF HUMAN RESOURCES 9. R-2023-323 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute A Two-Year Agreement With CIGNA For An Employee Assistance Program For An Amount Not To Exceed $141,398.40. Attachments: 2023 Reso FY24 EAP.docx Hollywood - 2024 Recommendation of Employee Assistance Program Renewal.pdf Hollywood - 2024 EAP RFP Evaluation - Cigna Proposal.pdf Strategic Plan Focus Area: Employee Development & Empowerment ENGINEERING, TRANSPORTATION & MOBILITY DIVISION 10. R-2023-324 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 With The Corradino Group, Inc. For Professional Consulting Services For The Preparation Of The Final Design, Permitting, And Construction Specifications For The Replacement And Widening Of The Johnson Street Bridge For A Total Amount Not To Exceed $589,008.78. Attachments: Resolution.docx ATP #1 Corradino Group.pdf ATP #2 Corradino Group.pdf R-2021-208.pdf The Corradino Group,Inc. Professional CSA.pdf Scope of Services Task Work Order Proposal - Johnson Street Bridge Replacement.pdf The Corradino Group Inc - City of Hollywood - COI.pdf Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods DEPARTMENT OF FIRE RESCUE & BEACH SAFETY 11. R-2023-325 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Apply For And Accept The Federal Emergency Management Agency And The Department Of Homeland Security FY2023 Assistance To Firefighters Grant In An Amount Not To Exceed $1,400,000.00 To Purchase Equipment To Refurbish The Fire Rescue Training Tower; Authorizing The Expenditure Of Matching Funds In An Amount Not To Exceed $127,272.73; Authorizing The Appropriate City Officials To Execute All Grant Documents. Attachments: Reso-FEMA Grant Training Facility.doc Strategic Plan Focus Area: Public Safety City of Hollywood Page 4 Regular City Commission Meeting Meeting Agenda - Final October 18, 2023 DEPARTMENT OF PARKS, RECREATION & CULTURAL ARTS 12. R-2023-326 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Miscellaneous Appropriations Grant Agreement With The Hollywood Art And Culture Center, Inc. For The Provision Of Cultural Services Through Visual Arts, Performing Arts And Educational Programming, In The Amount Of $205,000.00. Attachments: Reso - Art Culture Center FY24.-$205.docx Agreement Art Cultural Center FY24 205K.docx Scope of Services for COH - FY 2023-2024.docx Art & Culture Lease.pdf ART AND CULTURE CENTER OF HOLLYWOOD CERT HOLLYWOOD.pdf Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods 13. R-2023-327 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute An Agreement With The Hollywood Art And Culture Center, Inc. For The Purpose Of Coordinating And Managing Cultural Arts Programming Services At Hollywood Central Performing Arts Center In The Amount Of $70,000.00; In Accordance With Section 38.41(C)(9) Of The Procurement Code. (Best Interest) Attachments: Reso - HACCHCPACfy2024-$70K.docx Agreement - HACC-HCPACAGR_fy2024_$70K.doc HCPAC - FY 2023-24 - Exhibit A.doc ART AND CULTURE CENTER OF HOLLYWOOD CERT HOLLYWOOD.pdf Strategic Plan Focus Area: Quality of Life & Strong Neighborhoods POLICE DEPARTMENT 14. R-2023-328 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Ratifying The Submission Of An Application To The Office Of The Attorney General, State Of Florida, To Receive The Fiscal Year 2023/2024 Victims Of Crime Act Grant; Authorizing The Appropriate City Officials To Accept The Grant In An Approximate Amount Of $91,448.00; Authorizing The Appropriate City Officials To Execute All Grant Documents. Attachments: Resolution 23-24 VOCA-C-2023-City of Hollywood Police Departm-00237_encrypted_ Strategic Plan Focus Area: Public Safety City of Hollywood Page 5 Regular City Commission Meeting Meeting Agenda - Final October 18, 2023 DEPARTMENT OF PUBLIC UTILITIES 15. R-2023-329 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 Allied Universal Corporation, For The Supply And Delivery Of Sodium Hypochlorite 12% Solution In An Annual Amount Up To $725,000.00, For An Initial Term Of Two Years, Based On The Southeast Florida Governmental Purchasing Cooperative Group Contract No. 497 In Accordance With Section 38.41(C)(5) Of The Procurement Code. (Piggyback) Attachments: Reso Allied Universal Corp. Sodium Hypochlorite Co-op 2023- DYH Edits.docx Draft BPA PA600758_0.pdf City of Fort Lauderdale Commission Agenda Memo _23-0653.pdf Contract 497 Award (Sodium Hypochlorite).pdf Executed Allied Universal Sodium Hypochlorite Piggyback Request & Checklist Form 2023.pdf Allied Universal Sodium Hypochlorite COH Piggyback Agreement Letter.pdf Allied Universal COI & Approval.pdf Strategic Plan Focus Area: Infrastructure & Facilities 16. R-2023-330 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Ratifying The City Manager’s Approval Of A Purchase Order To Ferguson Waterworks, Inc. For The Purchase Of 25 Fire Hydrants In The Amount Of $82,038.10 In Accordance With Section 38.41(C)(1) Of The City’s Procurement Code. (Emergency Purchases) Attachments: 01 Resolution - FERGUSON Waterworks (ratification) jj PFB DYH edits - Copy.docx Signed Memo - PU-23-86 Ferguson Waterworks Hydrants.pdf Strategic Plan Focus Area: Infrastructure & Facilites 17. R-2023-331 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 Number H&S 24-01 With Hazen And Sawyer, P.C. For In-House Support Services, On An As-Needed Basis, In An Amount Up To $300,000.00. Attachments: Resolution - H&S 24-01 In-House Support Services.docx ATP - H&S 24-01 In-House Support Services.pdf Proposal - H&S 24-01 In-House Support Services.pdf R-2017-283 - H&S 24-01 In-House Support Services.pdf Renewal Letter - H&S 24-01 In-House Support Services.pdf Sunbiz Detail - H&S 24-01 In-House Support Services.pdf Strategic Plan Focus Area: Infrastructure & Facilites City of Hollywood Page 6 Regular City Commission Meeting Meeting Agenda - Final October 18, 2023 1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS 18. P-2023-090 A Proclamation In Recognition Of National Red Ribbon Week, October 23-31, 2023. Attachments: 10-18-23-Red Ribbon Week.docx Strategic Plan Focus Area: Communications & Civic Engagement 1:15 PM TIME CERTAIN ITEM 19. R-2023-332 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Making Findings And Designating As A Brownfield Area Real Property Located At 309 And 421 N. 21st Avenue And 2031 Polk Street, Hollywood, Florida 33020, To Be Known As University Station Green Reuse Area, For The Purpose Of Rehabilitation, Job Creation And Promoting Economic Redevelopment; Authorizing The City Of Hollywood To Notify The Florida Department Of Environmental Protection Of The Designation. (21-DP-43a) Attachments: Resolution - Second Reading Exhibit A.pdf Exhibit B.pdf Attachment I_Green Reuse Area Designation Request R-2023-314 - Unsigned.pdf Advertised Public Hearing Planning Division Strategic Plan Focus Area: Economic Vitality 1:30 PM QUASI-JUDICIAL ITEM (Rules of Procedure Attached to Agenda) City of Hollywood Page 7 Regular City Commission Meeting Meeting Agenda - Final October 18, 2023 20. R-2023-333 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering The Application For Zoning Relief Pursuant To Section 5.8 Of The Zoning And Land Development Regulations By Bet Midrash Ohr Ha-Chayim Ha-Kadosh Inc. For The Establishment Of 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-ZR-70) Attachments: Resolution .docx Legal Memo.pdf 1a Attachment I_Initial Application Package_Part 1_2023_0711.pdf 1b Attachment I_Initial Application Package_Part 2_2023_0711.pdf 2 Attachment II_Initial Staff Report_2023_0711.pdf 3 Attachment III_Aerial Map_2023_0711.pdf 4 Attachment IV_Public Participation Summary_2023_0711.pdf 5 Attachment V_Public Correspondence Summary and Letters Recieved_2023_0711.pdf 6 Attachment VI_Summary Table Public Comments_2023_0711.pdf 7 Attachment VII_Resolution 22-S-79.pdf 8 Attachment VIII_Appeal and Zoning Relief Application and City Correspondence.pdf 9 Attachment IX_Additional Materials Recieved.pdf 10 Attachment X_Intent to Open.pdf 11 Attachment XI_Permitting History.pdf 12 Attachment XII_Traffic Study Comments.pdf 13 Attachment XIII_Approved Traffic Methodology.pdf 14 Attachment XIV_Zoning District Regulations.pdf 15 Attachement XV_ZLDR Excerpts.pdf 16 Attachement XVI_Resolutions from Other Schools.pdf 17 Attachment XVII_Intervenor Exhibits.pdf 17a Attachment XVII_Intervenor Exhibits0912.pdf 17b Attachment XVII_Intervenor Exhibits0913.pdf 18 Attachment XVIII_City of Hollywood Quasi Judicial Procedures.pdf 19 Attachement XIX_City Staff Exhibits Appeal Hearing Part1_2023_0920.pdf 19a Attachement XIX_City Staff Exhibits Appeal Hearing_Part 2_2023_0920.pdf 20 Attachement XX_Intervenor Exhibits Appeal Hearing_2023_0920.pdf 21 Attachement XXI_Appellant Exhibits Appeal Hearing_2023_0920.pdf 22 Attachment XXII_Applicant and Leslie Del Monte Correspondence.pdf 23 Attachment XXIII_Recordings.pdf 24 Attachment XXIV_City Correspondence_2023_0808.pdf 25 Attachment XXV_City Correspondence_2023_0824.pdf 26 Attachment XXVI_City Commission Resolution.pdf 27 Attachment XXVII_Applicant Exhibits1010.pdf Advertised Public Hearing Planning Division Strategic Plan Focus Area: Economic Vitality City of Hollywood Page 8 Regular City Commission Meeting Meeting Agenda - Final October 18, 2023 REGULAR AGENDA 21. P-2023-091 Presentation By Ryon Coote, Community Development Division Manager, To Provide An Overview On The 17th Judicial Circuit Community Court For The City Of Hollywood. Attachments: CC Presentation V5-updated_.pptx Strategic Plan Focus Area: Quality of Life and Strong Neighborhoods 22. R-2023-334 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Accept Federal Funds From The U.S. Department Of Justice, Office Of Justice Programs, Bureau Of Justice Assistance FY23 Community Courts Initiative Grant Program, In The Amount Of $532,305.00, For The City Of Hollywood Community Court Initiative; Authorizing The Appropriate City Officials To Execute All Applicable Grant Documents And Agreements. Attachments: USDOJ BJA FY23 Community Court Grant Award Resolution.docx Community Court FAW-179517 Award Package.pdf Office of the City Manager Strategic Plan Focus Area: Public Safety 23. R-2023-335 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Accept The State Of Florida Department Of Environmental Protection Resilient Florida Program Grant, In The Amount Of $3,255,000.00 For The Lakes Neighborhood Exfiltration - Phase 1 Project; Authorizing The Required Matching Funds In The Amount Of $3,255,000.00; And Authorizing The Appropriate City Officials To Execute All Grant Documents And Agreements For The Project. Attachments: Resolution - Resilient Florida Lakes Neighborhood Exfiltration Ph 1.docx Grantee Welcome Packet -Resilient Florida Lakes Neighborhood Exfiltration Ph 1.pdf Department of Public Utilities Strategic Plan Focus Area: Infrastructure & Facilites City of Hollywood Page 9 Regular City Commission Meeting Meeting Agenda - Final October 18, 2023 24. R-2023-336 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute A Third Amendment Renewing The Agreement For Recyclables Processing Services With Waste Connections Of Florida, Inc. In An Estimated Amount Of $1,900,000.00 Over A Five-Year Period. Attachments: Resolution Waste Connections Third Amendment.doc 01 Third Amendment - Waste Connections - Recycling.pdf 01a Exhibit A.pdf 02 R-2014-111 Waste Connections - Recycling Agreement.pdf 03 R-2018-193 Waste Connections - Recycling Amendment 1.pdf 04 R-2019-165 Waste Connections - Recycling Amendment 2.pdf 07 City of Hollywood Comp Study 4.10.23.pdf 08 Draft Blanket Purchase Agreement PA600156.pdf 10 Hollywood Recycling Offer 8.8.23 v2.pdf Term Sheet - Waste Connections of Florida, Inc. - Recyclables Processing Services.doc Department of Public Works Strategic Plan Focus Area: Infrastructure & Facilities 25. R-2023-337 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Ratifying The City Manager’s Approval Authorizing The Appropriate City Officials To Bind The Policies For Excess Liability, Excess Workers’ Compensation Insurance, Pollution Liability, Marina Package, Blanket Accident, Storage Tank Liability, Deadly Weapon/Active Shooter, EMT Professional Liability, And Cyber Liability For An Amount Not To Exceed $1,659,640.00 For Which Quotes Were Solicited By Aon Risk Services West, Inc. Attachments: Resolution 2023-2024 Renewal of Casualty Insurance Products.docx EMERGENCY AUTHORIZATION.pdf 23-24 COH Renewal Proposal incl carrier quotes.pdf Office of Human Resources Strategic Plan Focus Area: Infrastructure & Facilites 26. 5:00 PM CITIZENS’ COMMENTS (Total Time 30 Minutes) City of Hollywood Page 10 Regular City Commission Meeting Meeting Agenda - Final October 18, 2023 COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY MANAGER 27. Commissioner Shuham, District 1 28. Commissioner Anderson, District 2 29. Commissioner Callari, District 3 30. Vice Mayor Gruber, District 4 31. Commissioner Biederman, District 5 32. Commissioner Quintana, District 6 33. Mayor Levy 34. City Attorney 35. City Manager 36. ADJOURNMENT City of Hollywood Page 11 Regular City Commission Meeting Meeting Agenda - Final October 18, 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 12 Regular City Commission Meeting Meeting Agenda - Final October 18, 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 City of Hollywood Page 13 Regular City Commission Meeting Meeting Agenda - Final October 18, 2023 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 October 18, 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 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 October 18, 2023 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 October 18, 2023 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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