MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, HELD ON WEDNESDAY, DECEMBER 03, 2014 AT 6:30 P.M., CITY COMMISSION CHAMBERS, 400 SOUTH FEDERAL HIGHWAY, HALLANDALE BEACH, FL 33009

CALL TO ORDER FOR THE PLANNING & SCHEDULING SESSION

Mayor Cooper called the Planning and Scheduling Session to Order at 6:18 P.M. in the Commission Chambers.

Commissioner Sanders, Vice Mayor Julianand Mayor Cooper, City Manager Miller and City Attorney Whitfield – All Present.

Commissioner London arrived at 6:25 P.M.

Commissioner Lazarow arrived at 6:26 P.M.

The City Commission discussed the Calendar of Events scheduled for December 3rd, 2014 through January 5th, 2015.

Mayor Cooper advised that she will be away from the City on December 19th, 2014 through January 2nd, 2015. Vice Mayor Julian will be Acting Mayor during her absence.

The City Commission discussed the Commission Meeting calendar for the month of January 2015.

Consensus:

-To reschedule the HBCRA Board of Directors and City Commission/City Manager Workshop Special Meeting from January 19th, 2015 to Monday, January 12th, 2015 at 6:00 P.M. and 6:05 P.M. respectively in the Commission Chambers.

-To reschedule the Regular City Commission Meeting for January 21, 2015 to Wednesday, January 28, 2015 at 6:30 P.M. in the Commission Chambers.

There being no further discussion by the City Commission, Mayor Cooper adjourned the Planning & Scheduling Session at 6:37 P.M.

  1. CALL TO ORDER

Mayor Cooper called the Meeting to Order at 6:38 P.M.

  1. ROLL CALL

Commissioners Lazarow, London and Sanders and Mayor Cooper, City Manager Millerand City Attorney Whitfield– All Present.

  1. PLEDGE OF ALLEGIANCE
  1. PRESENTATIONS
  1. PRESENTATION ON THE PROPOSED IMPLEMENTATION OF PARKS GO! 2020

City Manager Miller, Jennifer Frastai, Assistant City Manager, and Jeffrey Lowe, Chief Financial Officer, gave a presentation outlining the process for bond issuance, proposed timeline for bond financing, the proposed structure for the Office of Capital Improvement, proposed construction methodology, Construction Manager at Risk Methodology, proposed timeline for redevelopment of City parks, cash flow projections and the proposed communication plan for the community and the public. Additionally, City Manager Miller and staff answered questions posed by the City Commission.

The City Commission took no further Action on this Item.

  1. PUBLIC PARTICIPATION - (To be heard at 6:45 P.M.)(Speakers must sign-in with the City Clerk prior to the start of the meeting)

Barbara Southwick, 200 Diplomat Parkway, Hallandale Beach, spoke in support of the Citywide Parks General Obligation Bond and commended City staff for their administrative capacities. Ms. Southwick spoke concerning the need to ensure the timing for redevelopment of the Citywide Parks Master Plan is planned such that residents are not displaced as a result of the planned demolition of certain neighborhood parks during the redevelopment phase.

Answering the public comment, City Manager Miller explained that, although there will be program interruptions, redevelopment of the parks will be a phased process and staff will work towards minimizing the impacts on the public.

Reverend Joe Johnson, 228 SW 5th Avenue, Hallandale Beach, spoke in support of the operations and initiatives put forward by the City Commission, City Manager and staff noting that he is pleased with the level of services provided by the City. Rev. Johnson commended the City Commission for their camaraderie.

Qunea Gordon, 411 NW 5th Street, Hallandale Beach, Cassandra Joseph, President, Angela Hyler, Event Chair, Delta Sigma Theta Sorrority, Inc., South Florida Alumnae Chapter, spoke concerning the upcoming Winterfest Boat Parade on Saturday, December 13th, 2014, and encouraged the public to attend. For additional information and ticket purchased visit

  1. COMMISSIONER COMMUNICATIONS - Items not on the Agenda
  1. COMMISSIONER LAZAROW

Commissioner Lazarow noted the need to review the City Commission’s Travel Policy.

MOTIONBY COMMISSIONER LAZAROW TO DIRECT STAFF TO PREPARE AN AGENDA ITEM FOR DISCUSSION REGARDING THE CITY COMMISSION’S TRAVEL ALLOWANCE POLICY AND COMPENSATION.

Commissioner London Seconded the Motion for discussion.

Mayor Cooper pointed out that in accordance with the City’s Code of Ordinances, discussion regarding City

Commission compensation shall take place during the Annual Budget Process.

Commissioner London suggested a friendly amendment to the Motion to bring back an Agenda Item for

discussion of the Ordinance governing the City Commission’s travel allowance policy and compensation.

Commissioner Lazarow accepted the friendly amendment and restated the Motion as follows:

MOTIONBY COMMISSIONER LAZAROW TO DIRECT STAFF TO PREPARE AN AGENDA ITEM FOR DISCUSSION OF THE ORDINANCE GOVERNING THE CITY COMMISSION’S TRAVEL ALLOWANCE POLICY AND COMPENSATION.

City Attorney Whitfield read an excerpt from Section 2-31 of the City’s Code of Ordinances and notedthat it was not clear if reimbursement of travel expenses was considered ‘compensation.’

Commissioner London revised his friendly amendment to direct staff to bring back an Item for discussion regarding an amendment of Section of 2-31 of the City’s Code of Ordinances.

Commissioner Lazarow accepted the friendly amendment and restated her Motion as follows:

MOTIONBY COMMISSIONER LAZAROW, SECONDED BY COMMISSIONER LONDON, TO DIRECT STAFF TO PREPARE AND AGENDA ITEM FOR DISCUSSION OF SECTION 2-31 OF THE CITY’S CODE OF ORDINANCES.

After further discussion by the City Commission, Mayor Cooper called the Question.

MOTIONBY COMMISSIONER LAZAROW, SECONDED BY COMMISSIONER LONDON, TO DIRECT STAFF TO PREPARE AND AGENDA ITEM FOR DISCUSSION OF SECTION 2-31 OF THE CITY’S CODE OF ORDINANCES. The Motion carried on a 5/0 Voice vote.

  1. COMMISSIONER LONDON

Commissioner London encouraged the public to participate in the fundraising activity for Joe DiMaggio Children’s Hospital - ‘Toys in the Sun Run,’ scheduled for Sunday, December 7, 2014 at 9:30 A.M., departing from the Mardi Gras Casino at 831 N. Federal Highway, Hallandale Beach, Florida 33009.

Commissioner London extended an apology to Commissioner Sanders for misunderstandings between them during the 2014 Municipal General Election Campaign and noted that he looked forward to working with him over the next few years.

Commissioner London spoke concerning an article in the Sun Sentinel highlighting the Pegasus Monument at the Village at Gulfstream Park; he further spoke in support of the landmark noting that it will bring notoriety to the City of Hallandale Beach.

Answering questions posed by Commissioner London, City Manager Miller confirmed that staff proposes to engage an accounting firm to conduct a forensic audit of the NE 14th Avenue Drainage Project. Additionally, she noted that staff is currently evaluating the costs associated with the audit and should it exceed the City Manager’s spending authority, then an Agenda Item will be brought forward for consideration by the City Commission.

Commissioner London spoke concerning the building height requirements for the Diplomat Hotel & Spa and requested a copy of the City Commission’s Follow-Up Memorandum prepared by staff for the October 15th, 2014 City Commission Meeting.

Commissioner London also requested a status update on wrapping of the utility boxes.

Consensus:

-To direct staff to provide funding source and expected timeline to wrap the utility boxes as approved in the FY15 Budget.

Commissioner London recognized Sheena D. James, City Clerk, and Leigh-Ann Dawes, Deputy City Clerk, for their service to the City of Hallandale Beach and wished them well in their future endeavors.

  1. COMMISSIONER SANDERS

Commissioner Sanders spoke concerning a letter sent out by Utility Service Partners Private Label, Inc. d/b/a Service Line Warranties of America and the need for a follow-up presentation by the company explaining the benefits of the utility service line warranty program.

Consensus:

-To direct staff to schedule a presentation by theUtility Service Partners Private Label, Inc. d/b/a Service Line Warranties of America to the City Commission andthe public on the overall benefits of the service line warranty program and the process for participation.

Commissioner Sanders suggested the City Commission recognize recently retired Hallandale Beach employee Essie Morgan for her 48 years of service to the City’s Parks and Recreation Department byorganizing an annual celebration, “Essie Morgan Play Day” at a neighborhood park.

The City Commission discussed the recommendation and reached the following consensus:

-To direct staff develop a program recognizing Ms. Morgan’s years of service to the City and provide recommendations to the City Commission.

Commissioner Sanders recognized Sheena D. James, City Clerk, and Leigh-Ann Dawes, Deputy City Clerk, for their service to the City of Hallandale Beach and wished them well in their future endeavors.

Commissioner Sanders accepted Commissioner London’s apology and indicated he is looking forward to working with him and the rest of the City Commission.

Commissioner Sanders announced that the Pioneer Day Celebration will be held on Saturday, December 6th, 2014 at 1:00 P.M. at the Community Cultural Center, and thanked Vice Mayor Julian and the City Commission for nominating him as one of the City’s Pioneers for 2014.

  1. VICE MAYOR JULIAN

Vice Mayor Julian spoke on the success of the Thanksgiving Day Program at the Austin Hepburn Center andannounced various community activities that he will be participating in during the Holiday Season.

  1. MAYOR COOPER

Mayor Cooper spoke concerning the need to send follow-up letter to residents to clarify the changes within the City’s Utility Billing Ordinance. Additionally, Mayor Cooper suggested including an outline of Frequently Asked Questions (FAQs) with the proposed Agenda Item.

Consensus:

-To direct staff to develop a Frequent Asked Questions (FAQ) document to be distributed to the public; and to include as backup to the Agenda Item. The agenda Item will be presented a January 12th, 2015, City Commission/City Manager Workshop.

Answering questions posed by Mayor Cooper, City Manager Miller explained that the landscape plans for the NE 14th Avenue Drainage will be presented to the City Commission once the design is completed andcost estimates are obtained.

Answering questions posed by Mayor Cooper and Commissioner London, City Manager Miller and Mariana Pitiriciu, City Engineer, provided a status update of the NE 14th Avenue Drainage Project.

Mayor Cooper requested staff schedule a Citywide Shred Event as part of the City’s GreenFest Event for 2015.

Mayor Cooper encouraged the public to participate in the Welcome Home Warriors Project noting that donations will be accepted at City Hall until December 5th, 2014.

Mayor Cooper suggested staff reach out to the City’s Code & Permitting Advisory Committee and request they convene a meeting to discuss the mission and objectives of the committee.

Consensus:

-To direct staff to schedule a meeting with the Code & Permitting Advisory Committee to discuss its intentions and to discuss whether or not the Board should remain or dissolve.

-To direct staff to contact the Unishred Company and invite to participate in the 2015 City of Hallandale Beach Green Fest.

  1. CITY ATTORNEY COMMUNICATIONS - Items not on the Agenda

City Attorney Whitfield advised that Richard Dewitt, Assistant City Attorney, will be leaving the City thus creating a vacancy in the City Attorney’s Office.

  1. CITY MANAGER COMMUNICATIONS - Items not on the Agenda

City Manager Miller announced the Adopt-A-Family Holiday Program organized by the Human Services Department and notedthat City staff will be participating.

City Manager Miller recognized Leigh-Ann Dawes, Deputy City Clerk for her service to the City and wished her well in her future endeavors.

  1. APPROVAL OF DRAFT MINUTES
  1. OCTOBER 15, 2014 REGULAR CITY COMMISSION MEETING
  1. NOVEMBER 5, 2015 REGULAR CITY COMMISSION MEETING

MOTIONBY COMMISSIONER LAZAROW, SECONDED BY VICE MAYOR JULIAN, TO APPROVE THE DRAFT MINUTES OF THE OCTOBER 15, 2014 REGULAR CITY COMMISSION MEETING AND THE NOVEMBER 5, 2015 REGULAR CITY COMMISSION MEETING. The Motion carried don a 5/0 Voice vote.

  1. CONSENT AGENDA

Commissioner London requested to pull Items #10.A. and #10.B. from the Consent Agenda.

  1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SIXTY-NINE (69) VEHICLES UTILIZING THE FLORIDA SHERIFF'S ASSOCIATION BID AND THE STATE OF FLORIDA CONTRACT IN AN AMOUNT NOT TO EXCEED THREE MILLION ONE HUNDRED THIRTY THOUSAND SEVEN HUNDRED DOLLARS ($3,130,700.00); AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS) (SEE BACKUP)

Answering questions posed by Commissioner London, City Manager Miller provided an overview of the purpose of the City’s Fleet Maintenance Fund.

MOTIONBY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LAZAROW, TO APPROVE AGENDA ITEMS #10.A. AND #10.B. The Motion carried on a 5/0 Voice vote.

Refer to Action under Item #10.B.

RESOLUTION NO. 2014-141

  1. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO REJECT ALL BIDS FOR BID #2013-2014-016, CUSTODIAL SERVICES; AND AUTHORIZING THE CITY MANAGER TO RE-ADVERTISE THE CUSTODIAL SERVICES BID; INCORPORATING CHANGES TO THE SCOPE OF SERVICES; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS) (SEE BACKUP)

Answering questions posed by Commissioner London, City Manager Miller stated that the City Commission has rejected a number of bid this year; furthermore, in the subject bid, staff felt that the requirements of the bid were not clear; therefore staff recommends rejection of the responses received.

MOTIONBY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LAZAROW, TO APPROVE AGENDA ITEMS #10.A. AND #10.B. The Motion carried on a 5/0 Voice vote.

Refer to Action under Item #10.A.

RESOLUTION NO. 2014-141

  1. ORDINANCES ON FIRST READING
  1. AN ORDINANCE OF THE CITY OF HALLANDALE BEACH, FLORIDA PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED AGGREGATE PRINCIPAL AMOUNT OF $58,500,000 HALLANDALE BEACH, FLORIDA GENERAL OBLIGATION BONDS; DIRECTING THE APPLICATION OF THE PROCEEDS OF SUCH BONDS; AUTHORIZING OTHER REQUIRED ACTIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (STAFF: CITY MANAGER) (SEE BACKUP)

City Attorney Whitfield gave a presentation and answered questions posed by the City Commission.

Answering questions posed by Commissioner London, City Attorney Whitfield explained that there is no state requirement for a competitive bid process to hirelegal counsel. Additionally, City Attorney Whitfieldnoted thatper statute Bond Counsel fees are determined by a percentage of the total amount of the bond.

Attorney Jolinda Herring, Bryant Miller Olive et. al., City’s Bond Counsel,gave a presentation regarding her background and experience noting that she is versed in Public Finance.

Answering questions posed by Commissioner London, Jeffrey Lowe, Chief Financial Officer,explained the need and purposeto hire LegalCounsel for Disclosure requirementsand whenthis engagement should occur.

Answering questions posed by Commissioner London, City Manager Miller explained that it was previously determined that the estimated costs provided for the Citywide Parks Master Planby Bermello Ajamil & Partners Inc., were inaccurate and unreliable. Therefore, the City Commission directed staff to complete a Probable Opinion of Cost for implementation of the Citywide Parks Master Plan which was considered and approved by theCity Commission on February 14th, 2014.

Commissioner London spoke in opposition of the proposed Ordinance.

Mayor Cooper questioned whether or not a conflict of interest exists seeing that Commissioner London is currently employed by the firm Smith’s & Associates as a lobbyist for any governmental affairs that may affect pari-mutuel within the City. Mayor Cooper requested Commissioner London provide a list of all current clients/projectsto the City Attorney for distribution to the City Commission.

Commissioner London confirmed that he is still employed with Smith’s & Associates; however,he has completed his previous projects. Additionally he advised that he is fully compliant with all disclosure requirements in accordance with City, County and State Laws.

Commissioner Lazarow spoke in opposition of the proposed Ordinance noting that the estimated costs for implementation of the Citywide Parks Master Plan are too high.

Mayor Cooper spoke in support of the proposed Ordinance and commended staff for their hard work and successful completion of the Community Education Campaign for the bond referendum.

MOTIONBY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SANDERS, TO APPROVE FIRST READING OF AN ORDINANCE OF THE CITY OF HALLANDALE BEACH, FLORIDA PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED AGGREGATE PRINCIPAL AMOUNT OF $58,500,000 HALLANDALE BEACH, FLORIDA GENERAL OBLIGATION BONDS; DIRECTING THE APPLICATION OF THE PROCEEDS OF SUCH BONDS; AUTHORIZING OTHER REQUIRED ACTIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE; AND TO SCHEDULE SECOND READING FOR DECEMBER 15, 2014. The Motion carried on a 3/2 Roll Call vote as follows:

AYES:Commissioner Sanders, Vice Mayor Julian and Mayor Cooper

NAYS: Commissioners Lazarow and London

  1. ORDINANCES ON SECOND READING/PUBLIC HEARING

None

  1. RESOLUTIONS/PUBLIC HEARING
  1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING MAJOR DEVELOPMENT APPLICATION #139-13-DB AND CONDITIONAL USE PERMIT APPLICATION #140-13-CU, FOR THE GULFSTREAM POINT PROJECT LOCATED AT 918 SOUTH FEDERAL HIGHWAY; PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF DEVELOPMENT SERVICES) (SEE BACKUP)

NOTE: ITEMS #13.A., #13.B., #13.C. & #13.D WILL BE HEARD IN CONJUNCTION

Mayor Cooper introduced the Items.

City Clerk James administered the Oath of Truthful Testimony.

City Clerk James polled the City Commission regarding ex-parte communications concerning the Items.

Commissioners Lazarow, London and Sanders, Vice Mayor Julian and Mayor Cooper all answered in the affirmative and further advised that their decision will be basedsolely on the testimony heard this evening.

Keven Klopp, Director of Development Services, Althea Jefferson, Planning Manager, and City Manager Miller gave a presentation and answered questions posed by the City Commission.

Commissioner London questioned the hotel density requirements for Broward County.

Consensus:

-staff to research if cities within Broward County do have the requirement for hotel density calculations,

and provide information.

Commissioner London spoke in support of the proposed Development Project; however, noted his concern with the size of the property noting that it is too small and in the future he would like to see projects like the subject developed within larger lots.