MINUTES OFREGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, HELD ON WEDNESDAY, SEPTEMBER 16 2015 AT 7:00 P.M., CITY COMMISSION CHAMBERS, 400 SOUTH FEDERAL HIGHWAY, HALLANDALE BEACH, FL 33009

  1. CALL TO ORDER

Vice Mayor Julian called the meeting to order at 7:10 PM.

  1. ROLL CALL

Commissioners Lazarow, London, Sanders, Vice Mayor Julian and Mayor Cooper, City Manager Miller and City Attorney Whitfield – All present.

Mayor Cooper arrived at 9:15 PM

  1. PLEDGE OF ALLEGIANCE
  1. PUBLIC PARTICIPATION - (Speakers must sign-in with the City Clerk prior to the start of the meeting)

Howard Garson, 2214 NW 11th Street, Hallandale Beach, FL, spoke about the American Planning Association Meeting he recently attended and shared suggestions on how to get residents more involved, such as bringing back the Outhouse Festival

  1. PRESENTATIONS
  1. SPECIAL RECOGNITION TO POLICE EXPLORER MANGQUELL MARQUIS HAYES JR. (STAFF: POLICE CHIEF)

The City Commission presented Police Explorer Manquell Marquis Hayes Jr. with a Special Recognition Award for his continued community service through the Police Explorer Program and wished him farewell on his future endeavors as he will be entering United States Air Force.

  1. PRESENTATION ON THE PROPOSED LAUNCH OF THE CITY'S OPENGOV FINANCIAL TRANSPARENCY WEBSITE. ( STAFF: CHIEF FINANCIAL OFFICER)

Eric Garretty, Strategic Performance Coordinator, presented and provided a demonstration of the City’s OpenGov Financial Transparency Website, which will launch on October 1, 2015.

Consensus

-To promote the OpenGov Website through social media with the hashtag #HBBaresAll

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

Commissioner Lazarow announced the Petco Adoption event to take place on October 3rd and 4th

Answering a question posed by Commissioner Lazarow, City Manager Miller provided an update on the NE 14th Avenue flooding and functionality of the drainage system along 14thAvenue.

Commissioner Lazarow suggested notifying the community through the newsletter which documents are required for commercial businesses to receive sandbags in the event of a major storm.

Commissioner Lazarow thanked the City Manager for meeting with Mr. Cohen of Smart Procure.

Answering a question posed by Commissioner Lazarow, City Manager Miller provided an overview of the services rendered by Smart Procure and how it could be of use to the City.

MOTIONBY COMMISSIONER LAZAROW, SECONDED BY COMMISSIONER LONDON, TO APPOINT RONALD MURTHA TO THE NUISANCE ABATEMENT BOARD. The Motion carried by a 4/0 Voice Vote. Mayor Cooper was absent during voting.

  1. COMMISSIONER LONDON

MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LAZAROW, TO APPOINT ARTURO O’NEIL TO THE NUISANCE ABATEMENT BOARD. The Motion was approved by a 4/0 Voice Vote. Mayor Cooper was not present during voting.

Commissioner London notified the City Clerk to change his vote for Item 5.B. of the September 15, 2015 Meeting from a yes vote to a no vote.

Commissioner London spoke about receiving emails from the Mayor and requested if his emails can be blocked from receiving emails from Mayor Cooper, unless it is being sent to him via City Staff.

  1. COMMISSIONER SANDERS

MOTIONBY COMMISSIONER SANDERS, SECONDED BY COMMISSIONER LONDON, TO APPOINT KAREN GARSON TO THE PARKS AND RECREATION ADVISORY BOARD. The Motion was approved by a 4/0 Voice Vote. Mayor Cooper was not present during voting.

  1. VICE MAYOR JULIAN

No Communications.

  1. MAYOR COOPER

No Communications as Mayor Cooper was not present at this time.

  1. CITY ATTORNEY COMMUNICATIONS - Items not on the Agenda

City Attorney Whitfield provided an updated on the legal matter concerning the property located at 519 Layne Boulevard.

City Attorney Whitfield informed that the proposed Vacation Rental Ordinance will be brought to the Commission during the 1st meeting in October.

  1. CITY MANAGER COMMUNICATIONS - Items not on the Agenda

City Manager Miller provided an update on HBTV broadcasting on AT&T U-Verse and OB Johnson Park Design potentially being recognized for its green design.

  1. CONSENT AGENDA

NONE

  1. ORDINANCES ON FIRST READING
  1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA VACATING CERTAIN PORTIONS OF THE RIGHT-OF-WAY THAT LIES NORTH OF, AND ADJACENT TO, LOT 15, BLOCK 2, "BOULEVARD MANORS", IN HALLANDALE BEACH, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A TERMINATION AND RELEASE OF PUBLIC RIGHT OF WAY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (STAFF: DEVELOPMENT SERVICES DIRECTOR)

ITEM 10.A. IS QUASI-JUDICIAL

Mayor Cooper introduced the item.

City Attorney Whitfield administered the Oath of Truthful Testimony.

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

Commissioner Lazarow, London and Sanders, Vice Mayor Julian and Mayor Cooper answered in the affirmative and further advised that their decision will be based solely on the testimony.

City Attorney Whitfield did acknowledge there is a pending lawsuit concerning the right-of-way in question. Nonetheless, no agreement by the two parties regarding the right-of-way will have a binding effect on the City because currently the City owns the right-of-way.

MOTIONBY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LAZAROW, TO POSTPONE THE ITEM UNTIL THE PENDING LAWSUIT IS SETTLED. The Motion was approved by a 4/1 Roll Call Vote.

AYES:Commissioners Lazarow, London and Sander, and Vice Mayor Julian

NAYES:Mayor Cooper

  1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 32, ARTICLE III OF THE ZONING AND LAND DEVELOPMENT CODE, SECTION 32-195(c) RAC CORRIDOR SUBDISTRICT STANDARDS TO CREATE THE RAC CORRIDOR TRANSITION AREA AND STANDARDS THEREFOR; AMENDING FIGURE 32-192(a), THE CENTRAL RAC REGULATING PLAN AS INDICATED IN EXHIBIT "A", TO CHANGE THE SUBDISTRICT FROM TRANSIT CORE TO RAC CORRIDOR; AMENDING THE CITY OFFICIAL ZONING MAP TO REFLECT THE ADDITION OF THE RAC CORRIDOR TRANSITION AREA; RESERVING SECTION 32-196 THROUGH 32-220 OF THE ZONING AND LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DEVELOPMENT SERVICES DIRECTOR)

ITEM 10.B. IS QUASI-JUDICIAL

Mayor Cooper introduced the item.

City Attorney Whitfield administered the Oath of Truthful Testimony.

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

Commissioner Lazarow and Sanders, and Vice Mayor Julian answered in the negative and further advised that their decision will be based solely on the testimony.

Commissioner London and Mayor Cooper answered in the affirmative and further advised that their decision will be based solely on the testimony.

Althea P. Jefferson, Planning and Zoning Division Manager and Keven Klopp, Development Services Director presented the item and answered questions posed by the City Commission.

Mark Tobin, 1 SE 3rd Avenue, Suite 2500, Miami, FL, representing Eastwood Mobile Home Park spoke in favor of the proposed item and answered questions posed by the City Commission.

MOTIONBY VICE MAYOR JULIAN TO APPROVE ON FIRST READING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 32, ARTICLE III OF THE ZONING AND LAND DEVELOPMENT CODE, SECTION 32-195(c) RAC CORRIDOR SUBDISTRICT STANDARDS TO CREATE THE RAC CORRIDOR TRANSITION AREA AND STANDARDS THEREFOR; AMENDING FIGURE 32-192(a), THE CENTRAL RAC REGULATING PLAN AS INDICATED IN EXHIBIT "A", TO CHANGE THE SUBDISTRICT FROM TRANSIT CORE TO RAC CORRIDOR; AMENDING THE CITY OFFICIAL ZONING MAP TO REFLECT THE ADDITION OF THE RAC CORRIDOR TRANSITION AREA; RESERVING SECTION 32-196 THROUGH 32-220 OF THE ZONING AND LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

The Motion was Seconded by Commissioner Sanders.

Answering a question posed by Commissioner London, City Attorney Whitfield indicated this item is before the Commission in order to avoid an unequitable situation for the property owner(s).

MOTIONBY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SANDERS, TO APPROVE ON FIRST READING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 32, ARTICLE III OF THE ZONING AND LAND DEVELOPMENT CODE, SECTION 32-195(c) RAC CORRIDOR SUBDISTRICT STANDARDS TO CREATE THE RAC CORRIDOR TRANSITION AREA AND STANDARDS THEREFOR; AMENDING FIGURE 32-192(a), THE CENTRAL RAC REGULATING PLAN AS INDICATED IN EXHIBIT "A", TO CHANGE THE SUBDISTRICT FROM TRANSIT CORE TO RAC CORRIDOR; AMENDING THE CITY OFFICIAL ZONING MAP TO REFLECT THE ADDITION OF THE RAC CORRIDOR TRANSITION AREA; RESERVING SECTION 32-196 THROUGH 32-220 OF THE ZONING AND LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The Motion was approved by a 5/0 Roll Call Vote.

AYES:Commissioners Lazarow, London and Sanders, Vice Mayor Julian, Mayor Cooper

NAYES:None

  1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING DIVISION 2. ZONING DISTRICTS AND OVERLAYS, SUBDIVISION I. CONVENTIONAL ZONING DISTRTICT, SECTION 32-160 WEST RAC DISTRICT, SECTION 32-160.b ALLOWABLE USES, TABLE 32-160.a WEST RAC PERMITTED USES BY SUBDISTRICT; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DEVELOPMENT SERVICES DIRECTOR)

ITEM 10.C. IS QUASI-JUDICIAL

Mayor Cooper introduced the item.

City Manager Miller provided a brief overview on the item.

MOTIONBY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SANDERS, TO APPROVE ON FIRST READING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING DIVISION 2. ZONING DISTRICTS AND OVERLAYS, SUBDIVISION I. CONVENTIONAL ZONING DISTRTICT, SECTION 32-160 WEST RAC DISTRICT, SECTION 32-160.b ALLOWABLE USES, TABLE 32-160.a WEST RAC PERMITTED USES BY SUBDISTRICT; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The Motion passed by a 5/0 Roll Call Vote.

AYES:Commissioners Lazarow, London and Sanders, Vice Mayor Julian, Mayor Cooper

NAYES:None

  1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 6 ANIMALS, ARTICLE I, IN GENERAL, BY CREATING DIVISION 2. SERVICE ANIMALS AND SECTIONS 6-13 THROUGH 6-18 PROVIDING FOR ASSISTANCE TO SERVICE ANIMALS AND THEIR OWNERS IN THE EVENT OF AN EMERGENCY, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DEVELOPMENT SERVICES DIRECTOR)

Mayor Cooper introduced the item.

Commissioner Lazarow requested the City Clerk to read a written communication into the record, which is attached as exhibit A.

Commissioner Lazarow continued to present the item.

MOTIONBY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LAZAROW, TO APPROVE ON FIRST READING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 6 ANIMALS, ARTICLE I, IN GENERAL, BY CREATING DIVISION 2. SERVICE ANIMALS AND SECTIONS 6-13 THROUGH 6-18 PROVIDING FOR ASSISTANCE TO SERVICE ANIMALS AND THEIR OWNERS IN THE EVENT OF AN EMERGENCY, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. The Motion passed by a 5/0 Roll Call Vote.

AYES:Commissioners Lazarow, London and Sanders, Vice Mayor Julian, Mayor Cooper

NAYES:None

  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 THE DREAM TEAM RETAIL PLAT FOR PROPERTY LOCATED AT 11 NE 1ST AVENUE (APPLICATION #41-15-P) WITH SPECIFIED CONDITIONS AS RECOMMENDED BY CITY ADMINISTRATION; PROVIDING FOR AN EFFECTIVE DATE. (STAFF: DEVELOPMENT SERVICES DIRECTOR)

ITEM 12.A. IS QUASI-JUDICIAL

Vice Mayor Julian introduced the item.

City Attorney Whitfield administered the Oath of Truthful Testimony.

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

Commissioners Lazarow, London and Sanders and Vice Mayor Julianall answered in the negative and further advised that their decision will be based solely on the testimony heard this evening.

Mayor Cooper answered in the affirmative and further advised that her decision will be based solely on the testimony heard this evening.

Commissioner London added he did, however, have communication with the neighboring property owner Mr. Wasser.

Althea P. Jefferson, Planning and Zoning Division Manager, presented the item and answered questions posed by the City Commission.

Manny Synalovski, the applicant, and Chris Hagan of Kimely-Horn and Associates appeared before the City Commission and answered questions posed by the City Commission regarding parking, landscaping and the building height.

MOTIONBY MAYOR COOPER, SECONDED BY VICE MAYOR JULIAN, TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE DREAM TEAM RETAIL PLAT FOR PROPERTY LOCATED AT 11 NE 1ST AVENUE (APPLICATION #41-15-P) WITH SPECIFIED CONDITIONS AS RECOMMENDED BY CITY ADMINISTRATION; PROVIDING FOR AN EFFECTIVE DATE. The Motion was approved by a 5/0 Roll Call Vote.

AYES:Commissioners Lazarow, London and Sanders, Vice Mayor Julian, Mayor Cooper

NAYES:None

  1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE REDEVELOPMENT AREA MODIFICATION APPLICATION #40-15-RD FOR THE PROPOSED MINOR DEVELOPMENT PROJECT BY DREAM TEAM, LLC, APPLICATION #179-14-RD, LOCATED AT 11 NE 1st AVENUE; PROVIDING AN EFFECTIVE DATE. (STAFF: DEVELOPMENT SERVICES DIRECTOR)

ITEM 12.B. IS QUASI-JUDICIAL

Mayor Cooper introduced the item.

City Manager Miller recapped the discussion of the Commission during Item 12.A. regarding the properties landscaping and height.

Mayor Cooper opened the floor for public comments.

Alan Wasser, 19 NE 1st Avenue, Hallandale Beach, FL, raised concerns regarding the proposed project blocking his building and future parking issues.

There being no further comments from the public, Mayor Cooper closed the floor.

Manny Synalovski, the applicant, appeared before the City Commission and answered questions posed by the City Commission.

City Manager Miller stated staff’s recommended approval based on the following conditions: 1) The applicant agrees to remove up to seven back out parking spaces based the streetscape project. 2) The height requirement of the building and landscaping cannot obstruct the view of the neighboring Wasser property.

MOTIONBY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SANDERS, TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE REDEVELOPMENT AREA MODIFICATION APPLICATION #40-15-RD FOR THE PROPOSED MINOR DEVELOPMENT PROJECT BY DREAM TEAM, LLC, APPLICATION #179-14-RD, LOCATED AT 11 NE 1st AVENUE; PROVIDING AN EFFECTIVE DATE. The Motion was approved by a 5/0 Roll Call Vote.

AYES:Commissioners Lazarow, London and Sanders, Vice Mayor Julian, Mayor Cooper

NAYES:None

  1. RESOLUTIONS/CITY BUSINESS
  1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE COMMUNITY PARTNERSHIP MINI-GRANTS FOR FISCAL YEAR 2016; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS TO EFFECTUATE AWARD OF FUNDING; AND PROVIDING AN EFFECTIVE DATE. (STAFF: HUMAN SERVICES DIRECTOR)

Vice Mayor Julian introduced the item.

Beverly Sanders, Human Services Director, presented the item and answered questions posed by the City Commission.

MOTIONBY COMMISSIONER LAZAROW TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE COMMUNITY PARTNERSHIP MINI-GRANTS FOR FISCAL YEAR 2016; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS TO EFFECTUATE AWARD OF FUNDING; AND PROVIDING AN EFFECTIVE DATE.

The Motion was Seconded by Commissioner London.

Vice Mayor Julian opened the floor for public comments.

JoAnn Harris, 5020 NW 197th Street, Miami Gardens, FL, thanked the City Commission for the opportunity.

MOTIONBY COMMISSIONER LAZAROW, SECONDED BY COMMISSIONER LONDON TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE COMMUNITY PARTNERSHIP MINI-GRANTS FOR FISCAL YEAR 2016; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS TO EFFECTUATE AWARD OF FUNDING; AND PROVIDING AN EFFECTIVE DATE. The Motion was approved by a 4/0 Roll Call Vote. Mayor Cooper was not present during voting.

AYES:Commissioners Lazarow, London and Sanders, and Vice Mayor Julian

NAYES:None

  1. DISCUSSION OF THE REMOVAL AND REPLACEMENT OF THE SCAEVOLA AT SOUTH BEACH PARK AND OTHER LANDSCAPING IMPROVEMENTS. (STAFF: CAPITAL IMPROVEMENTS DIRECTOR)

Vice Mayor Julian introduced the item.

Jennifer Frastai, Assistant City Manager, presented the item and answered questions posed by the City Commission.

After further discussion, the City Commission took the following action on the item.

Consensus

-Direct staff to move forward with the landscaping improvements by removing the scaveola and train the community cats to relocate into another area of the park.

15.ADJOURN

There being no further business to come before the City Commission, Mayor Cooper adjourned the Meeting at 10:45 PM.

SUBMITTED BY:Mayor Joy F. Cooper

RECORDING SECRETARY:Mario Bataille, City Clerk

APPROVED BY COMMISSION:October 28, 2015

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September 16, 2015 – REGULAR MEETING OF THE CITY COMMISSION