Mayor Cooper Called the Meeting to Order at 1:05 P.M

MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, OCTOBER 5, 2011 AT 1:00 P.M. AND 7:00 P.M., CITY COMMISSION CHAMBERS, 400 SOUTH FEDERAL HIGHWAY, HALLANDALE BEACH, FL 33009

CALL TO ORDER

Mayor Cooper called the meeting to Order at 1:05 P.M.

ROLL CALL

Commissioners Lewy, London and Ross, Vice Mayor Sanders and Mayor Cooper, City Manager Antonio and ActingCity Attorney Dion – All Present

PLEDGE OF ALLEGIANCE
STUDENT CITIZEN OF THE MONTH AND SCHOOL ACTIVITY UPDATE

Isabel Alvarez was recognized as the September Student Citizen of the Month for Hallandale Elementary School.

Principal Sharon Ludwig, Hallandale Elementary, provided an update on the activities at Hallandale Elementary School.

Maruschka Biesswas recognized as the September Student Citizen of the Month for Gulfstream Middle School.

Principal Brian Kingsley, Gulfstream Middle School, provided an update on the activities at Gulfstream Middle School.

Kevin Mazariegoswas recognized as the September Student Citizen of the Month for Hallandale High School.

Principal Estella Eckhardt, Hallandale High School, provided an update on the activities at Hallandale High School.

Cristina Fuenteswas recognized as the September Student Citizen of the Month for Hallandale Adult Community Center.

Rosanne L. Bagdasarian, HallandaleAdultCommunity Center, provided an update on the activities at HallandaleAdultCommunity Center.

PUBLIC PARTICIPATION - Items not on the Agenda (To be heard at 1:15 PM)

Rosemary Gilchrist, 641 SW 4th Ct., Hallandale Beach, spoke in regards to Agenda Item #9.E. and in favor of keeping the water tower at Bluesten Park.

Csaba Kulin, 600 NE 14thAve., Hallandale Beach, spoke in regards to the City’s employees’ pension plans and benefits.

Jerry Biller, 900 South Federal Highway, Hallandale Beach, spoke in regards to the City’s millage rate, fire assessment and water rates.

PRESENTATIONS

Proclamation Celebrating October 16-22, 2011 as "Florida City Government Week"

Mayor Cooper presented the Proclamation to Principals Sharon Ludwig, Hallandale Elementary;Brian Kingsley, Gulfstream Middle School; and Estella Eckhardt, Hallandale High School; and to

Rosanne L. Bagdasarian, Hallandale Adult Community Center.

Proclamation Proclaiming October 10-14, 2011 as " National School Lunch Week"

Mayor Cooper presented the Proclamation to Principals Sharon Ludwig, Hallandale Elementary; Brian Kingsley, Gulfstream Middle School; and Estella Eckhardt, Hallandale High School; and to

Rosanne L. Bagdasarian, Hallandale Adult Community Center.

Proclamation Proclaiming October 9-15, 2011 as "Fire Prevention Week"

Mayor Cooper presented the Proclamation to Chief Daniel Sullivan and to the Division of Fire Prevention. Proclamations were also presented to Principals Sharon Ludwig, Hallandale Elementary;Brian Kingsley, Gulfstream Middle School; and Estella Eckhardt, Hallandale High School.

Proclamation Proclaiming October, 2011 as "National Domestic Violence Awareness Month"

Mayor Cooper presented the Proclamation to Jill Fogel, City of Hallandale Beach Victim’s Advocate.

Presentation Regarding Activities at the Village of Gulfstream Park (Suzanne Friedman, Development Representative, Village of Gulfstream Park) CAD#029/04

Suzanne Friedman, Development Representative, provided an update on the activities at the Village at Gulfstream Park.

CONTINUATION OF CITY BUSINESS FROM PREVIOUS MEETINGS

There was no Business from Previous Meeting discussed under this Item.

CONSENT AGENDA

Approval of Draft Minutes - Regular City Commission Meeting of September 21, 2011

MOTIONBY COMMISSIONER ROSS, SECONDED BY COMMISSIONER LEWY, TO APPROVE THE DRAFT MINUTES OF THE SEPTEMBER 21, 2011 REGULAR CITY COMMISSION MEETING. The Motion carried on a 4/1 Voice vote. (Commissioner London voted No)

CITY BUSINESS

Investment Policies Update - General Employees and Professional Management Pension Plans (Staff: Director of Finance)(See Backup) CAD# 007/11

City Manager Antonio provided background information on the Item and turned the presentation to Patricia Ladolcetta, Director of Finance. Director Ladolcetta explained the revisions being made to the existing policy to be consistent with Florida Statutes, Section 112.661, and requested the following language be added to the revisions per recommendation by the City’s Auditor:

XV. Filing of Investment Policy

Upon adoption by the board, the investment policy shall be promptly filed with the Department of Management Services and the plan’s sponsor and consulting actuary. The Effective date of the investment policy and any amendment thereto, shall be the 31st calendar day following the filing date with the plan sponsor.

Furthermore, Director Ladolcetta requested the City Commission authorize the addition of language providing flexibility for diversification of investments as discussed and approved by the City Commission during the July 14, 2011 City Manager/City Commission Workshop on Pension Investment. This addition has been recommended by Principal Financial Group, the City’s Pension Manager.

MOTIONBY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TO APPROVE STAFF’S RECOMMENDATIONS. The Motion carried on a 5/0 Voice vote.

Consideration of Approval of the 2011 Annual Floodplain Management and Hazard Mitigation Plan Evaluation Report (Staff: Director of Public Works, Utilities & Engineering)(See Backup) CAD# 030/03

City Manager Antonio provided background information on the Item and turned the presentation to Earl King, Deputy Director of DPW/Utilities & Engineering.

The City Commission discussed the newly released Federal Emergency Management Administration (FEMA) FIRM Maps.

MOTIONBY COMMISSIONER ROSS, SECONDED BY COMMISSIONER LEWY, TO APPROVE THE 2011 ANNUAL FLOODPLAIN MANAGEMENT AND HAZARD MITIGATION PLAN EVALUATION REPORT. The Motion carried on a 5/0 Voice vote.

Pursuant to Chapter 23, Article III, of the City of Hallandale Beach Code of Ordinances, Consideration of an Extension to the Short Term Agreement with Choice Recycling, Incorporated, for the disposal of Municipal Solid Waste in accordance with the terms and conditions of said Agreement, as amended. (Staff; Director of Public Works, Utilities & Engineering) (See Backup) CAD# 018/10

TO BE HEARD AT 3:00 PM

City Manager Antonio provided background information on the Item and turned the floor to Hector D. Castro, P.E., Director of Public Works/Utilities & Engineering, who provided additional information and recommended approval.

MOTIONBY COMMISSIONER LEWY, SECONDED BY COMMISSIONER ROSS, TO PURSUANT TO CHAPTER 23, ARTICLE III , OF THE CITY OF HALLANDALE BEACH CODE OF ORDINANCES, AUTHORIZE AN EXTENSION TO THE SHORT TERM AGREEMENT WITH CHOICE RECYCLING, INCORPORATED, FOR THE DISPOSAL OF MUNICIPAL SOLID WASTE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, AS AMENDED. The Motion carried on a 5/0 Voice vote.

Pursuant to Chapter 23, Section 105, Award of Contracts, of the City of Hallandale Beach Code of Ordinances, Request Authorization to Increase Contract for Additional Services under RFP # FY 2006-2007-004, Cameras System Upgrade and Expansion, to Aware Digital, Inc., in an Amount Not -To-Exceed $143,653.90, plus an additional $20,000.00 for miscellaneous upgrades and maintenance. (Staff: Director of Public Works, Utilities, & Engineering) (See Backup) BP#023/07 & CAD #038/05

TO BE HEARD AT 4:00 PM

City Manager Antonio provided background information on the Item and recommended approval of staff’s recommendations.

MOTIONBY COMMISSIONER LONDON TO APPROVE STAFF’S RECOMMENDATIONS AND TO INCLUDE A MINIMUM TEN PERCENT (10%) FROM THE MISCELLANEOUS UPGRADES AND MAINTENANCE ACCOUNT TO BE UTILIZED TOWARDS THE PURCHASE AND INSTALLATION OF SIGNAGE.

Commissioner Lewy Seconded the Motion for discussion.

After further discussion by the City Commission, Mayor Cooper opened the floor to Public Comment.

David Smith, 22 Coconut Ave., Hallandale Beach, spoke in regards to signage and the City’s requirements; furthermore,Mr. Smith stated that there should be additional directional signs throughout the City.

Seeing no more speakers, Mayor Cooper closed the floor to Public Comment and called the Question.

MOTIONBY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LEWY, TO APPROVE STAFF’S RECOMMENDATIONS AND TO INCLUDE A MINIMUM TEN PERCENT (10%) FROM THE MISCELLANEOUS UPGRADES AND MAINTENANCE ACCOUNT TO BE UTILIZED TOWARDS THE PURCHASE AND INSTALLATION OF SIGNAGE. The Motion carried on a 4/1 Voice vote (Commissioner Ross voted No).

Mayor Cooper recessed the meeting at 4:30 P.M.

Pursuant to Chapter 23, Section 105, Award of Contracts, of the City of Hallandale Beach Code of Ordinances, Request Authorization to Award RFP # FY 2010-2011-006, Hallandale Beach Elevated Water Storage Tanks Project, to the Lowest Responsive, Responsible Bidder, Worth Contracting, Inc., in an Amount Not-To-Exceed $289,025.00 for the Beach Tank Rehabilitation, and to reject the Utility Services Company Inc., bid for the Bluesten Tank Rehabilitation. Furthermore, Authorize a 5% Contingency for Unforeseen Circumstances. Also Consideration of Permanent Removal of the Bluesten Elevated Water Tank and Replacement with a Monopole for Community Utilization. (Staff: Director of Public Works, Utilities & Engineering) (See Backup) BP#005/08

Consensus:To direct staff to provide information related to electromagnetic radiation created by communication towers and their effect – if any – in neighboring communities and/or park patrons.

MOTIONBY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TO CALL THE QUESTION. The Motion carried on a 5/0 Voice vote

Mayor Cooper called the Question.

MOTIONBY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TO PURSUANT TO CHAPTER 23, SECTION 105, AWARD OF CONTRACTS, OF THE CITY OF HALLANDALE BEACH CODE OF ORDINANCES, AWARD RFP #FY 2010-2011-006, HALLANDALE BEACH ELEVATED WATER STORAGE TANKS PROJECT, TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, WORTH CONTRACTING, INC., IN AN AMOUNT NOT-TO-EXCEED $289,025.00 FOR THE BEACH TANK REHABILITATION AND REJECT THE UTILITY SERVICES COMPANY INC., BID FOR THE BLUESTEN TANK REHABILITATION. FURTHERMORE, AUTHORIZE A 5% CONTINGENCY FORUNFORESEEN CIRCUMSTANCES; AND AUTHORIZE THE PERMANENT REMOVAL OF THE BLUESTEN ELEVATED WATER TANK AND ITS REPLACEMENT WITH A MONOPOLE FOR COMMUNITY UTILIZATION. The Motion carried on a 5/0 Voice vote.

Resolution of the City of Hallandale Beach, Florida, Authorizing the Submittal of a Response to the Request for Proposal for the Purchase of the Hallandale Beach Post Office Property Located at 500 South Federal Highway and Authorizing the City Manager to Negotiate the Purchase of said Property under the First Right of Refusal as Set Forth in the Property's Warranty Deed. (Staff: Director of Parks and Recreation) (See Backup) BP# 012/08

City Manager Antonio provided background information on the Item and requested City Commission direction on a preferred site for a post office.

Consensus: To leave the post office at its current location until the City is ready to redevelop the park. Once redevelopment activity starts, to locate the post office at the Cultural Center site as the first option and, should this option not be practical for the US Post Office, offer the location abutting Dixie Highway.

MOTIONBY COMMISSIONER LEWY, SECONDED BY COMMISSIONER ROSS, TO APPROVE A RESOLUTION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE SUBMITTAL OF A RESPONSE TO THE REQUEST FOR PROPOSAL FOR THE PURCHASE OF THE HALLANDALE BEACH POST OFFICE PROPERTY LOCATED AT 500 SOUTH FEDERAL HIGHWAY AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE PURCHASE OF SAID PROPERTY UNDER THE FIRST RIGHT OF REFUSAL AS SET FORTH IN THE PROPERTY'S WARRANTY DEED AND TO EXECUTE THE NECESSARY AGREEMENTS TO IMPLEMENT THE PROJECT, INCLUDING THE ESTABLISHMENT OF APPROPRIATE ACCOUNTS. OPTION 1 FOR THE LOCATION OF THE POST OFFICE WOULD BE THE CULTURAL CENTER AND OPTION 2 THE LOCATION ABUTTING DIXIE HIGHWAY. The Motion carried on a 4/1 Roll Call vote as follows:

AYES:Commissioners Lewy and Ross, Vice Mayor Sanders and Mayor Cooper

NAYS:Commissioner London

Consideration of an Alternative City Budget Process (Commissioner Lewy) (See Backup)

NOTE: This Item was discussed in the evening portion of the meeting.

Commissioner Lewy provided background information on the Item and requested a Motion to move the Item for discussion.

MOTIONBY COMMISSIONER LONDON TO MOVE THE ITEM FOR DISCUSSION.

Commissioner Lewy Seconded the Motion for discussion.

Consensus: The City Commission to receive a monthly budget status report beginning in January.

After further discussion by the City Commission, Commissioner London withdrew his Motion.

MOTIONBY COMMISSIONER LEWY, SECONDED BY COMMISSIONER LONDON, TO APPROVE EXHIBIT 2 OF AGENDA ITEM 9.G. WITH THE ADDITION OF BUDGET TOWNHALL MEETINGS STARTING IN JANUARY, AND A TOWNHALL AWARENESS MEETING IN MAY, AFTER THE FIRST DRAFT OF THE CITY MANAGEMENT RECOMMENDED BUDGET HAS BEEN PROVIDED TO THE CITY COMMISSION. The Motion carried on a 4/1 Voice vote (Commissioner Ross voted No).

Consensus:The City Commission will receive draft budget documents as they are submitted by Department Directors, with the understanding that these are “work in progress documents” until finalized. The City’s webpage will be updated accordingly.

The agenda format and backup information for the City Commission/City Manager Workshops of January, February and March 2012 will be finalized after City Commission’s workshop with Mr. Levinson.

COMMISSION PLANNING

The City Commission discussed various events taken place throughout the Community.

PUBLIC PARTICIPATION - Items not on the Agenda (To be heard at 7:00 P.M.)

Mayor Cooper reconvened the meeting at 7:08 P.M.

Jerry Billard, 900 South Federal Highway, spoke in regards to property values within the City and the US Postal Service property; furthermore, Mr. Billard spoke in regards to the Bluesten water tower.

PUBLIC HEARINGS (To heard at 7:15 P.M.)

Application #38-11-CU by Alvaro Lopez d/b/a Hallandale Reception Requesting a Conditional Use Permit to Operate a Banquet Hall Pursuant to Section 32-175(d)(1) of the City's Code of Ordinances at the Property Located at 772 E. Hallandale Beach Blvd. (Staff: Director of Development Services) (See Backup) CAD# 015/08

The Planning and Zoning Board Recommended Approval of this Item at their August 24, 2011 Meeting by a Roll Call Vote (4-0).

This is a Quasi-Judicial Item

The applicant waived the Quasi-judicial proceedings.

Christy Dominguez, Director of Planning and Zoning, provided background information on the Item.

MOTIONBY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LEWY, TO APPROVE APPLICATION #38-11-CU BY ALVARO LOPEZ D/B/A HALLANDALE RECEPTION REQUESTING A CONDITIONAL USE PERMIT TO OPERATE A BANQUET HALL PURSUANT TO SECTION 32-175(D)(1) OF THE CITY'S CODE OF ORDINANCES AT THE PROPERTY LOCATED AT 772 E. HALLANDALE BEACH BLVD.AND BASED ON STAFF’S CONDITIONS OF APPROVAL.

Suzana Castaneiva, 840 SW 105 Avenue, Apt. 301, Miami, FL 33174, representing the applicant, answered questions posed by the City Commission.

Mayor Cooper opened the Public Hearing.

Todd Nepola,4000 Hollywood Boulevard, Hollywood, FL 33020, Property Manager for 600 Hallandale Beach Blvd., clarified that Deco Lounge is no longer in business.

Seeing no more speakers, Mayor Cooper closed the Public Hearing and called the Question.

MOTIONBY MAYOR COOPER, SECONDED BY COMMISSIONER ROSS, TO NOMINATE TERRY DILLARD, TO THE PLANNING AND ZONING BOARD. The Motion carried on a 5/0 Voice vote.

MOTIONBY COMMISSIONER ROSS, SECONDED BY VICE MAYOR SANDERS, TO NOMINATE IRWIN SCHNEIDER AS AN ALTERNATE TO THE PLANNING AND ZONING BOARD. The Motion carried on a 5/0 Voice vote.

Application #39-11-CL by MB Gulfstream LLC d/b/a Martini Bar Requesting a Nightclub License Pursuant to Section 5-9 of the City's Code of Ordinances in Order to Serve Alcoholic Beverages Seven Days a Week Until 6:00 A.M. at the Proposed Martini Bar Located at 601 Silks Run, Suite #2497 in the Village at Gulfstream Park. (Staff: Director of Development Services) (see backup)

The Planning and Zoning Board Recommended Approval of this Item at their August 24, 2011 Meeting by a Roll Call Vote (4-0).

Christy Dominguez, Director of Planning and Zoning, provided background information on the Item.

MOTIONBY COMMISSIONER LONDON, SECONDED BY COMMISSIONER ROSS, TO APPROVEAPPLICATION #39-11-CL BY MB GULFSTREAM LLC D/B/A MARTINI BAR REQUESTING A NIGHTCLUB LICENSE PURSUANT TO SECTION 5-9 OF THE CITY'S CODE OF ORDINANCES IN ORDER TO SERVE ALCOHOLIC BEVERAGES SEVEN DAYS A WEEK UNTIL 6:00 A.M. AT THE PROPOSED MARTINI BAR LOCATED AT 601 SILKS RUN, SUITE #2497 IN THE VILLAGE AT GULFSTREAM PARK.

Mayor Cooper opened the Public Hearing, seeing no speakers, Mayor Cooper closed the Public Hearing and called the Question.

Application #52-11-AV by Julio Berrio Requesting a Variance from Chapter 5, Section 5-6(d), Relative to the Distance Requirements Between Establishments Selling Alcoholic Beverages and a Church, School or Public Park at the Property Located at 1630 E. Hallandale Beach Blvd. (Staff: Director of Development Services) (See Backup)

Christy Dominguez, Director of Planning and Zoning, provided background information on the Item.

MOTIONBY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LEWY, TO APPROVE APPLICATION #52-11-AV BY JULIO BERRIO REQUESTING A VARIANCE FROM CHAPTER 5, SECTION 5-6(D), RELATIVE TO THE DISTANCE REQUIREMENTS BETWEEN ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES AND A CHURCH, SCHOOL OR PUBLIC PARK AT THE PROPERTY LOCATED AT 1630 E. HALLANDALE BEACH BLVD.

Mayor Cooper opened the Public Hearing, seeing no speakers, Mayor Cooper closed the Public Hearing and called the Question.

An Ordinance of the City of Hallandale Beach, Florida, Amending the Code of Ordinances to Address Firearm Regulations Preempted by State Law by Amending Chapter 19, "Offenses and Miscellaneous Provisions'; and Amending Chapter 21, "Personnel"; Providing for Conflicts, Providing for Severability; and Providing for an Effective Date. (Staff: Acting City Attorney) (See Backup) CAD# 008/11

Acting City Attorney Dion provided background information on the Item.