MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, HELD ON WEDNESDAY, JUNE 17, 2015 AT 1:00 P.M., CITY COMMISSION CHAMBERS, 400 SOUTH FEDERAL HIGHWAY, HALLANDALE BEACH, FL 33009
1. CALL TO ORDER
Mayor Cooper called the Meeting to Order at 1:14 P.M.
2. ROLL CALL
Commissioners Lazarow, London and Sanders, Vice Mayor Julian, Mayor Cooper, City Manager Miller and City Attorney Whitfield – All Present.
3. PLEDGE OF ALLEGIANCE
4. 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, appeared before the City Commission. Mr. Garson spoke highly of the Inside Out Theater production “Removing the Tracks”.
Daniel Weiss, 721 Atlantic Shores Boulevard, Hallandale Beach, FL, appeared before the City Commission. Mr. Weiss thanked Officer McDaniel and Officer Williams who stopped to help a stranded motorist on U.S. 1. Additionally, he requested for speed traps on 10th Avenue and questioned when the 14th Avenue project will be done.
Mayor Cooper stated the 14th Avenue project is complete. All that is left to do on 14th Avenue is landscaping improvements, which are being budgeted for FY2016.
5. PRESENTATIONS
A. DISCUSSION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AND COMPLIANCE REPORT FOR THE PERIOD ENDED SEPTEMBER 30, 2014. (STAFF: CHIEF FINANCIAL OFFICER) (SEE BACKUP)
City Manager Miller provided an overview and update on the status of Comprehensive Annual Financial Report (CAFR).
B. RECOGNITION OF INSIDE OUT THEATER (SPONSORED BY THE CITY COMMISSION)
NOTE: ITEM #5.B. IS TIME CERTAIN FOR 6:00 P.M.
The Mayor and City Commission presented Certificates of Appreciation to the staff, actors, sponsors, and other volunteers of Inside Out Theater in recognition of their efforts for the production of “Removing the Tracks.”
6. COMMISSIONER COMMUNICATIONS - Items not on the Agenda
A. COMMISSIONER LAZAROW
Answering a question posed by Commissioner Lazarow, City Manager Miller stated the Hollywood-Hallandale Magazine is not a publication advertised or funded by the City.
Commissioner Lazarow reported on the Humane Society of Broward County neutering specials and low cost vaccinations available to the City of Hallandale Beach residents.
Commissioner Lazarow thanked the Police Department for their assistance of an abuse animal call.
Commissioner Lazarow spoke on a Dog/Cat of the week feature she would like to be included as part of the City’s newsletter and the speed monitors on Parkview Drive.
B. COMMISSIONER LONDON
Commissioner London spoke on the upcoming fire assessment and budget to be considered by the City Commission. He recommended utilizing bond funding to purchase the Fire Engine and made it known he will not support an increase on fire assessment fees or property taxes.
C. COMMISSIONER SANDERS
No communications
D. VICE MAYOR JULIAN
No communications
E. MAYOR COOPER
Mayor Cooper spoke on the EPA and Clean Water Act along with the exemption provided to the agriculture community. Mayor Cooper requested the City Attorney to research the Des Moines Waterworks case as she would like to see more restrictions placed on the agriculture industry.
Answering a question posed by Mayor Cooper, City Manager Miller provided a brief overview on the Emergency Fire Services and Facilities Surtax.
Mayor Cooper spoke on Senate Bill 154 concerning hazardous walking ways to schools, articles on the Gulfstream Pegasus, and Affordable Housing Options.
Answering a question posed by Mayor Cooper, Assistance City Manager Jennifer Frastai indicated staff is currently working on a Comprehensive Parks and Recreation Ordinance to address issues related to parks and recreation, such as the beach chair regulation.
7. CITY ATTORNEY COMMUNICATIONS - Items not on the Agenda
City Attorney Whitfield provided a corrected Resolution related to Item 10.G.
.
City Attorney Whitfield spoke on Juneteenth Day, which is the holiday which commemorates the announcement of the abolition of slavery in Texas in June of 1865.
8. CITY MANAGER COMMUNICATIONS - Items not on the Agenda
A. CONSIDERATION OF THE APPOINTMENT OF FOUR CIVILIAN MEMBERS TO THE CIVIL SERVICE ADVISORY BOARD. (SEE BACKUP)
Taren Kinglee, Human Resources Director, stated the four civilian members of the Civil Service Board would like to be re-appointed to the Board.
MOTION BY MAYOR COOPER, SECONDED BY COMMISSIONER SANDERS, TO APPOINT SALVATORE BROCCONE, AL CUNNINGHAM, EUDYCE STEINBER, AND LEO GRACHOW AS CIVILIAN MEMBERS OF THE CIVIL SERVICE BOARD. Motion approved by a 5-0 voice vote.
MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LAZAROW, TO POST A LINK AS A PART OF THE AGENDA TO ALLOW ACCESS TO THE MEETING INFORMATION CONCERNING ALL BOARD AND COMMITTEE MEETINGS. Motion approved by a 5-0 voice vote.
Mayor Cooper recessed the meeting at 1:45 P.M.
Mayor Cooper reconvened the meeting at 2:04 P.M.
9. APPROVAL OF DRAFT MINUTES
A. JANUARY 30, 2015 LEGISLATIVE LUNCHEON/SPECIAL MEETING
B. APRIL 1, 2015 REGULAR CITY COMMISSION MEETING
C. APRIL 15, 2015 REGULAR CITY COMMISSION MEETING
D. MAY 6, 2015 REGULAR CITY COMMISSION MEETING
E. MAY 20, 2015 REGULAR CITY COMMISSION MEETING
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SANDERS, TO APPROVE ALL DRAFT MEETING MINUTES. Motion passed on a 5/0 voice vote.
10. CONSENT AGENDA
A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO MAKE ADDITIONAL PURCHASES FROM GRAINGER, INC. NOT TO EXCEED A TOTAL AMOUNT OF THIRTY SEVEN THOUSAND FIVE HUNDRED ($37,500.00) DOLLARS FOR FISCAL YEAR 2014-2015; AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: PROCUREMENT DIRECTOR) (SEE BACKUP)
B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO MAKE ADDITIONAL PURCHASES FROM HD SUPPLY WATERWORKS NOT TO EXCEED A TOTAL AMOUNT OF FIFTY SIX THOUSAND ($56,000.00) DOLLARS FOR FY 2014-2015; AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: PROCUREMENT DIRECTOR) (SEE BACKUP)
C. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO MAKE ADDITIONAL PURCHASES FROM TRANSHIRE GROUP NOT TO EXCEED TWENTY FIVE THOUSAND ($25,000.00) DOLLARS FOR FY 2014-2015; AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: PROCUREMENT DIRECTOR) (SEE BACKUP)
D. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, RATIFYING THE EXPENDITURE OF FOUR THOUSAND NINE HUNDRED THIRTY-SIX DOLLARS AND SIXTY-SIX CENTS ($4,936.66) WHICH IS IN EXCESS OF THE CITY MANAGER'S PURCHASING AUTHORITY OF FIFTY THOUSAND DOLLARS ($50,000.00) FOR STAFFING SERVICES FROM HUNTER HOLLIS RELATED TO YEAR END CLOSING, CAFR PREPARATION AND ERP IMPLEMENTATION; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS TO EFFECTUATE THE PURCHASE AS NEEDED; AND PROVIDING AN EFFECTIVE DATE. (STAFF: CHIEF FINANCIAL OFFICER) (SEE BACKUP)
E. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO FULLY MITIGATE ALL CODE ENFORCEMENT AND UTILITY LIENS ON REAL PROPERTY APPROVED FOR PURCHASE BY THE HALLANDALE BEACH COMMUNITY REDEVELOPMENT AGENCY (HBCRA) BOARD OF DIRECTORS LOCATED AT 802 NW 5TH TERRACE, HALLANDALE BEACH, FLORIDA; FURTHER AUTHORIZING THE RELEASE OF SAID CODE ENFORCEMENT AND UTILITY LIENS; AND PROVIDING AN EFFECTIVE DATE. (STAFF: CITY MANAGER) (SEE BACKUP)
F. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO FULLY MITIGATE ALL CODE ENFORCEMENT AND UTILITY LIENS ON REAL PROPERTY APPROVED FOR PURCHASE BY THE HALLANDALE BEACH COMMUNITY REDEVELOPMENT AGENCY (HBCRA) BOARD OF DIRECTORS LOCATED AT 301 NE 3RD AVENUE, HALLANDALE BEACH, FLORIDA; FURTHER AUTHORIZING THE RELEASE OF SAID CODE ENFORCEMENT AND UTILITY LIENS; AND PROVIDING AN EFFECTIVE DATE. (STAFF: CITY MANAGER) (SEE BACKUP)
G. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO SETTLE WITH DEFENDANT SIGMA CORPORATION AND ITS SUBSIDIARY SIGMA PIPING PRODUCTS CORPORATION (SIGMA) IN THE CASE STYLED AS IN RE DUCTILE IRON PIPE FITTINGS ("DIPF") INDIRECT PURCHASER ANTITRUST LITIGATION, CASE NO.: 12-169 (AET)(LHG), IN EXCHANGE FOR THE EXECUTION OF A SETTLEMENT AGREEMENT AND SETTLEMENT PAYMENT; AUTHORIZING THE CITY ATTORNEY TO EXECUTE ANY DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS OF THE SETTLEMENT; AND PROVIDING AN EFFECTIVE DATE. (STAFF: CITY ATTORNEY) (SEE BACKUP)
H. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT (ILA) WITH BROWARD COUNTY TO PROVIDE ADDITIONAL FUNDING AND INCLUSION OF ROUTE NO. 4 OF THE CITY COMMUNITY BUS SERVICE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT AGREEMENT IN SUBSTANTIALLY THE SAME FORM AS ATTACHED HERETO AS EXHIBIT A AND RELATED DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. (STAFF: PUBLIC WORKS DIRECTOR) (SEE BACKUP)
I. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AWARDING BID #FY 2014-2015-009, HALLANDALE BEACH BOULEVARD AND I-95 LANDSCAPING IMPROVEMENT PROJECT, TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, WEEKLEY ASPHALT PAVING, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WEEKLEY ASPHALT PAVING, INC., IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY THOUSAND TWO HUNDRED EIGHTY SEVEN DOLLARS AND FIVE CENTS ($140,287.05); AND AUTHORIZING THE CITY MANAGER TO ESTABLISH A TEN PERCENT (10%) CONTINGENCY FUND FOR UNFORESEEN CIRCUMSTANCES; AND PROVIDING AN EFFECTIVE DATE. (STAFF: PUBLIC WORKS DIRECTOR) (SEE BACKUP)
J. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PIGGYBACK ON THE SARASOTA COUNTY CONTRACT #122193KR WITH ENVIROWASTE SERVICES GROUP, INC. TO PERFORM STORMWATER INFRASTRUCTURE CLEANING IN THE CITY'S NORTHEAST QUADRANT IN AN AMOUNT NOT TO EXCEED FIFTY SIX THOUSAND SEVEN HUNDRED SEVENTY SEVEN ($56,777.00) DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: PUBLIC WORKS DIRECTOR) (SEE BACKUP)
K. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA ADOPTING THE HALLANDALE BEACH EMERGENCY OPERATIONS PLAN IN SUBSTANTIALLY THE SAME FORM AS ATTACHED HERETO AS EXHIBIT "A" AND RELATED DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: INTERIM FIRE CHIEF) (SEE BACKUP)
L. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, SUPPORTING BROWARD COUNTY'S PROPOSAL TO RAISE THE TOURIST DEVELOPMENT TAX ("TDT") BY ONE ("$.01") CENT AND TO INVESTIGATE THE DISPERSAL OF FUNDS TO INCLUDE BEACH RENOURISHMENT; AND PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR JOY F. COOPER) (SEE BACKUP)
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SANDERS, TO APPROVE THE CONSENT AGENDA. Motion passed by a 3/2 Roll Call Vote. Commissioners Lazarow and London cast the dissenting vote.
Commissioners Lazarow and London spoke in opposition to approving the Consent Agenda.
AYES: Commissioner Sanders, Vice Mayor Julian, and Mayor Cooper.
NAYES: Commissioners Lazarow and London
Mayor Cooper recessed the meeting at 2:10 P.M.
Mayor Cooper reconvened the meeting at 2:16 P.M.
11. QUASI-JUDICIAL/PUBLIC HEARING
A. APPEAL OF VESTED RIGHTS DETERMINATION BY MG 100 FEDERAL LLC. (STAFF: DEVELOPMENT SERVICES DIRECTOR) (SEE BACKUP)
City Attorney Whitfield provided the background and an update on the item before the City Commission. Attorney Whitfield requested the City Commission allow the appellant 10 days to provide certain documentation to Development Services Department in order to reverse their Vested Rights Determinations. Therefore, no action will be necessary by the City Commission.
No further action was taken on this item by the City Commission.
B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE WASERSTEIN GULFSTREAM PLAT FOR PROPERTY LOCATED AT 900 SOUTH FEDERAL HIGHWAY (APPLICATION #56-15-P) WITH SPECIFIED CONDITIONS AS RECOMMENDED BY CITY ADMINISTRATION; PROVIDING FOR AN EFFECTIVE DATE. (STAFF: DEVELOPMENT SERVICES DIRECTOR) (SEE BACKUP)
Mayor Cooper read the item.
MOTION BY 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 WASERSTEIN GULFSTREAM PLAT FOR PROPERTY LOCATED AT 900 SOUTH FEDERAL HIGHWAY (APPLICATION #56-15-P) WITH SPECIFIED CONDITIONS AS RECOMMENDED BY CITY ADMINISTRATION; PROVIDING FOR AN EFFECTIVE DATE. Motion approved by a 5/0 Roll Call Vote.
AYES: Commissioners Lazarow, London, and Sanders, Vice Mayor Julian, and Mayor Cooper.
NAYES: None
C. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE ACCESSO BUILDING PLAT FOR PROPERTY LOCATED AT 100 NORTH FEDERAL HIGHWAY (APPLICATION #71-15-P) WITH SPECIFIED CONDITIONS AS RECOMMENDED BY CITY ADMINISTRATION; PROVIDING FOR AN EFFECTIVE DATE. (STAFF: DEVELOPMENT SERVICES DIRECTOR) (SEE BACKUP)
Mayor Cooper read the item.
MOTION BY VICE MAYOR JULIAN TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE ACCESSO BUILDING PLAT FOR PROPERTY LOCATED AT 100 NORTH FEDERAL HIGHWAY (APPLICATION #71-15-P) WITH SPECIFIED CONDITIONS AS RECOMMENDED BY CITY ADMINISTRATION; PROVIDING FOR AN EFFECTIVE DATE.
The Motion was Seconded by Mayor Cooper.
City Clerk Mario Bataille swore in all interested parties for this item.
Answering a question posed by Commissioner London, City Manager Miller made it known the property in question is actually owned by Accesso and may have had a parking agreement with the neighboring Bank of America building.
Commissioner London spoke in favor of the item.
Answering a question posed by Mayor Cooper, City Manager Miller highlighted this project will be the first project being considered under the form-based code and will meet parking and landscaping requirements. Therefore, the development will not come back to the Commission as long as it meets all the requirements of the Regional Activity Center code.
After further discussion on the project between the Commission and Staff, Mayor Cooper called the question.
MOTION BY VICE MAYOR JULIAN, SECONDED BY MAYOR COOPER, TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE ACCESSO BUILDING PLAT FOR PROPERTY LOCATED AT 100 NORTH FEDERAL HIGHWAY (APPLICATION #71-15-P) WITH SPECIFIED CONDITIONS AS RECOMMENDED BY CITY ADMINISTRATION; PROVIDING FOR AN EFFECTIVE DATE. Motion passed by a 5/0 Roll Call Vote.
AYES: Commissioners Lazarow, London, and Sanders, Vice Mayor Julian, and Mayor Cooper.
NAYES: None
12. ORDINANCES ON FIRST READING
A. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 19 OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE I, IN GENERAL, BY CREATING SECTION 19-8 AUTHORITY OF POLICE TO UTILIZE BODY WORN CAMERAS, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. (SPONSORED BY: COMMISSIONER KEITH LONDON) (SEE BACKUP)