MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, NOVEMBER 18, 2009 AT 1:30 P.M., CITY COMMISSION CHAMBERS 400 S. FEDERAL HIGHWAY HALLANDALE BEACH, FL 33009
- CALL TO ORDER
Mayor Cooper called the meeting to order at 1:39 PM
- ROLL CALL
Commissioners London, Ross and Sanders, Vice Mayor Julian, Mayor Cooper, City Attorney Jove, Deputy City Manager Rafols and City Clerk Buschman – All Present.
Deputy City Manager Rafols noted that City Manager Good would be arriving late due to a family emergency.
- PLEDGE OF ALLEGIANCE
- PRESENTATIONS AND REPORTS
- Proclamation Proclaiming November 15, 2009 as Dolores and Giovanni Arena 50th Wedding Anniversary Day
Mayor Cooper presented Dolores and Giovanni Arena with the Proclamation.
- Parks and Recreation Summary Report
Rebecca Munden-Correa, Director, Parks and Recreation Department, presented the report.
- PUBLIC PARTICIPATION (to be heard at 1:30 P.M.)
Judy Selz, 717 Layne Blvd., spoke of her concerns about how the money is spent by the City. She discussed the increase in the City’s millage rate and the City’s criteria for City Donations to Charitable Organizations.
Robert Selz, 717 Layne Blvd., spoke about the proposed Regional Activity Center and asked for the City to move cautiously in implementing the project and that adequate protections are in place for the residents in the area.
Mary Washington, 700 NW 5 Ct., thanked the Fire Department for their assistance in placing flags on veterans’ graves at the City’s Cemetery on Veterans Day. Finally, she suggested that funds from the Community Redevelopment Agency Trust Fund be used for job training and job creation.
- CONSENT AGENDA
- Pursuant to Chapter 23, Section 108, Cooperative Purchasing, Request Authorization to Purchase Three Lifepaks from Physio-Control (Medtronics) through the National Association of State Procurement Officials (State of Oklahoma, Lead State), Bid SW60300, Contract Id 752, Automated External Defibrillators, in the Amount not to Exceed $95,261.75 (Staff: Chief, Fire Department)(See Backup)
Commissioner London pulled item number 6.A.
Commissioner London noted he would not support the item because the City’s donation of a pumper truck to the City of Keystone Heights instead of selling the vehicle.
Mayor Cooper noted that this item is for the purchase of Lifepaks and has nothing to do with the donation of a pumper truck.
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS, TO APPROVE PURSUANT TO CHAPTER 23, SECTION 108, COOPERATIVE PURCHASING, THE PURCHASE OF THREE LIFEPAKS FROM PHYSIO-CONTROL (MEDTRONICS) THROUGH THE NATIONAL ASSOCIATION OF STATE PROCUREMENT OFFICIALS (STATE OF OKLAHOMA, LEAD STATE), BID SW60300, CONTRACT ID 752, AUTOMATED EXTERNAL DEFIBRILLATORS IN THE AMOUNT NOT TO EXCEED $95,261.75, TO AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS, ESTABLISH ACCOUNTS AND TO MAKE EXPENDITURES TO ACCOMPLISH THIS PURCHASE. The motion carried on a 4/1 voice vote.(Commissioner London voted no).
- Pursuant to Chapter 23, Section 105, Hallandale Code of Ordinances, Request Authorization to Award Bid # FY 2008-2009-012, West Hallandale Beach Blvd. Improvement Architectural Crosswalks Project, to the Lowest Responsive, Responsible Bidder, Tenex Enterprises, Inc., in the Total Amount of $ 209,402.10. (Staff: Director, Utilities and Engineering)(See Backup) BP #006/07
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS, TO APPROVE,Pursuant to Chapter 23, Section 105, Hallandale Code of Ordinances, Award OF Bid # FY 2008-2009-012, West Hallandale Beach Blvd. Improvement Architectural Crosswalks Project, to the Lowest Responsive, Responsible Bidder, Tenex Enterprises, Inc., in the Total Amount of $209,402.10; TO AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS, ESTABLISH ACCOUNTS AND MAKE EXPENDITUREs TO IMPLEMENT THE PROJECT. The motion carried on a 5/0 voice vote.
- Approval of Draft Minutes - Regular Meeting of October 7, 2009
Commissioner London pulled the item 6.C.
Commissioner London asked about language in the Solid Waste Ordinance regarding recycling not being included in the ordinance.
Mayor Cooper noted that this item is regarding the approval of minutes and not the Solid Waste Ordinance and requested that Commissioner London keep his comments germane to the item being considered by the Commission.
Commissioner London asked about the minutes of the Community Redevelopment Agency, and the Golden Isles and Three Islands Safe Neighborhood Districts and why the minutes are not on the agenda for approval.
Deputy City Manager Rafols advised that Special Meetings of the Community Redevelopment Agency, and the Golden Isles and Three Islands Safe Neighborhood Districts would be called for December 2, 2009 and the minutes would be presented to the appropriate body for approval at that time.
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS, TO APPROVE THE DRAFT MINUTES OF THE REGULAR MEETING OF OCTOBER 7, 2009. The motion carried on a 4/1 voice vote.(Commissioner London voted no).
- CITY BUSINESS (Voting on Items Deferred to Evening Consent Agenda)
- Presentation by PFM Asset Management, LLC for the Investment Results for Surplus Funds for the Period July 1, 2009 through September 30, 2009 (Staff: Director, Finance)(See Backup)
Mel Hamilton, PFM Asset Management, LLC, presented the report.
The City Commission took no further action on the item.
- Presentation by Principal Financial Group of the Quarterly Results of the General Employees and Professional/Management Pension Plans for the Period July 1, 2009 through September 30, 2009. (Staff: Assistant City Manager)(see backup)
Don Hubbring and Steve Geadelmann, Principal Financial Group made the presentation.
The City Commission took no further action on the item.
- Consideration of House Bill 323 Relating to the Use of an Electronics Communication Device while Driving. (Mayor Joy F. Cooper) (See Backup)CAD# 008/09
Mayor Cooper provided background information on the item and requested the City Commission’s support of the item.
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS, TO DIRECT STAFF TO PREPARE A RESOLUTION SUPPORTING HOUSE BILL 323 RELATING TO THE USE OF AN ELECTRONICS COMMUNICATION DEVICE WHILE DRIVING AND TO BRING BACK WHEN READY. The motion carried on a 4/1 voice vote.(Commissioner London voted no).
- COMMISSIONER REPORTS
The City Commission discussed meetings, events and activities each Commissioner attended as representative of the City.
Mayor Cooper noted she attended the Water Task Force Meeting. She noted that there was discussion regarding water restrictions and the new twice per week year round water restrictions rule being proposed by the South Florida Water Management District.
Mayor Cooper noted that the Southeast Florida Utility Council (SEFLUC), which is made up of Utility Professionals from Palm Beach, Broward, Miami-Dade and Monroe Counties is opposed to the proposed rule from the South Florida Water Management District.
Mayor Cooper advised the proposed rule provides for year round water restrictions and noted several cities in Broward County are opposed to year round water restrictions.
Director Brant provided background on the issues of water restriction and reuse water. He noted SEFULC’s position on the water restriction and noted that they support three day per week water restrictions. However, that SEFLUC has other issues with the proposed rule and is therefore opposed to it.
Commissioner London spoke in support of the proposed rule and the two day per week irrigation restriction.
MOTION BY COMMISSIONER LONDON TO DIRECT THE CITY MANAGER TO SEND A LETTER TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN SUPPORT OF TWO DAY PER WEEK LANDSCAPE IRRIGATION RESTRICTIONS. The motion failed due to a lack of a second.
Mayor Cooper noted that she supports the proposed Broward County Ordinance and requested that the City Commission adopt a Resolution is support of said Ordinance.
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS,TO DIRECT STAFF TO DRAFT A RESOLUTION IN SUPPORT OF BROWARD COUNTY ORDINANCE REGARDING TWICE PER WEEK IRRIGATION RESTRICTIONS; TO INCLUDE THE FOLLOWING LANGUAGE IN THE RESOLUTION: REWARDING THOSE MUNICIPALITIES THAT FOLLOW THE TWO DAY PER WEEK RESTRICTION BY HAVING AUTOMATIC RENEWALS OF THEIR EXISTING CONSUMPTIVE USE PERMIT; TO AUTHORIZE THE MAYOR AND THE APPROPRIATE OFFICIALS TO EXECUTE THE RESOLUTION AND TO FORWARD TO THE APPROPRIATE PARTIES. The motion carried on a 5/0 voice vote.
Commissioner London spoke in opposition to SEFLUC noting that they hold closed door meetings regarding discussion about the proposed South Florida Water Management District. He stated that he believes the City should not support an organization that holds closed meetings.
MOTION BY COMMISSIONER LONDON TO NOT SUPPORT SECRET MEETINGS BEHIND CLOSED DOORS FOR AN AGENCY THAT WE ARE SUPPORTING WITH OUR TAX DOLLARS.The motion failed due to a lack of a second.
Mayor Cooper noted that SEFLUC is a private membership organization and that the City does not and cannot regulate private organizations.
- OTHER
The City Commission discussed other City business.
MOTION BY COMMISSIONER LONDON TO CHANGE THE MEETING TIME FOR THE SECOND MEETING OF THE MONTH FROM 1:30 PM START TO 7:00 PM START. The motion failed due to a lack of a second.
MOTION BY COMMISSIONER LONDON TO CHANGE FROM ACTION MINUTES TO SUMMARY MINUTES FOR THE CITY COMMISSION MINUTES SO THAT WAY THE RESIDENTS CAN GET THE FULL DIALOGUE AND FEEL OF THE DISCUSSION SO THAT THEY UNDERSTAND WHAT THEIR REPRESENTATIVE OFFICIALS ARE DOING. The motion failed due to a lack of a second.
MOTION BY COMMISSIONER LONDON TO LOWER THE CITY MANAGER’S SPENDING AUTHORITY FROM $50,000 TO $15,000. The motion failed due to a lack of a second.
Mayor Cooper recessed the meeting at 4:14 PM
Mayor Cooper reconvened the meeting at 7:16 PM.
City Manager Good arrived at 7:23 PM.
- PUBLIC PARTICIPATION
John Simon, 16784 NW 15 St., Pembroke Pines, spoke in regards to the property located at 455 Tamarind Drive, and asked the City Commission to reconsider the action that has been taken by the City and to allow Jimi Abrams to remain in the home.
City Manager Good provided background information on the actions taken regarding the property at 455 Tamarind Drive. He noted the City reached an agreement with the property owner and the property owner did not meet the obligations of said agreement. City Manager Good advised that the City’s Building Official met with the property owner. He noted that the property owner has done work without permits. He advised that the City has made several attempts with the property owner and his attorney to reach an agreement and that the City has done everything possible to resolve this problem.
Mayor Cooper stated this is not about the property owner but the Community as a whole, and that this has become a health, life and safety issue and the City has done what was needed to protect the City and the community.
Denise Brugman, 3033 NW 118 Ave., Coral Springs, spoke in regards to the property located at 455 Tamarind Drive and urged the City Commission to work with the property owner.
Commissioner London asked if permits were submitted. Richard Cannone, Director of Development Services, advised that some permits have been applied for and issued. However, other permits required additional documentation and work has been done without permits.
City Manager Good noted that the City has spent lots of time on this project and that the City has taken the appropriate action to ensure the Community’s health and safety.
Commissioner Sanders asked if there is a mortgage on the property. City Manager Good advised no, the property has no mortgage or other liens.
Laura Simon, 16784 NW 15 Ave., Pembroke Pines, noted that she and John Simon are willing to take limited power of attorney for Mr. Abrams in order to ensure that the property is fixed and Mr. Abrams is able to remain at the property.
Jimi Abrams, 455 Tamarind Drive, spoke about the property located at 455 Tamarind Drive and noted he disagrees with the City’s interpretation of the events that have lead to the loss of his property at 455 Tamarind Drive. He requested the City Commission give him the opportunity to repair the property.
City Manager Good noted that he has met with Mr. Abrams on several occasions. He noted that the issue went to arbitration and an agreement was reached between the parties. There was a failure on Mr. Abrams part to meet the obligations of the agreement and that is why the City moved forward with foreclosure proceedings.
Commissioner Sanders asked if Mr. Abrams hires an attorney will the City Attorney met with Mr. Abrams, Mr. and Mrs. Simon, and their attorney. City Attorney Jove advised yes he would be willing to meet. City Manager Good clarified that the process is not stopping and what is being agreed to is that City Attorney Jove will meet with the property owner, however, the City is proceeding with acquiring the title to the property.
Csaba Kulin, 600 NE 14 Ave, #220, spoke about the Hometown Democracy Ballot Initiative and requested that the City Commission consider the residents on the surrounding properties when considering the proposed development at the Diplomat Country Club.
Mayor Cooper provided an outline of the process for the proposed development at the Diplomat Country Club and spoke about the Hometown Democracy Ballot Initiative. She further noted the limitation on local government to support or oppose ballot initiatives.
Commissioner Ross clarified her comments about Hometown Democracy advising that voters should educate themselves regarding ballot initiatives and that she does not support an initiative to change the Florida Constitution.
Commissioner London noted he supports the limitations on local government’s ability to support or oppose ballot initiatives.
- CONSENT AGENDA
- Voting on City Business Items Previously Discussed
- PUBLIC HEARINGS (to be heard at 7:00 P.M.)
- A Resolution of the City of Hallandale Beach, Florida, Pertaining to Uniform Method of Collecting Non Ad-Valorem Assessments for Lot Maintenance and Clean-Up. (Mayor Joy F. Cooper)(See Backup) CAD #018/09
CITY COMMISSION ADOPTED ORDINANCE 2009-013 ON SEPTEMBER 16, 2009 PERTAINING TO NON-AD VALOREM ASSESSMENTS FOR LOT CLEAN-UP TO ENABLE THE COLLECTION OF UNPAID ASSESSMENTS FOR LOT CLEAN-UP.
City Manager Good provided background information on the item and recommended approval.
Assistant City Attorney Andre McKenney explained the process.
Mayor Cooper opened the Public Hearing. Seeing no speakers, Mayor Cooper closed the Public Hearing.
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS, TO APPROVE A RESOLUTION OF THE CITY OF HALLANDALE BEACH, FLORIDA, PERTAINING TO UNIFORM METHOD OF COLLECTING NON AD-VALOREM ASSESSMENTS FOR LOT MAINTENANCE AND CLEAN UP. The motion carried on a roll call vote as follows:
AYES:Commissioners London, Ross and Sanders, Vice Mayor Julian and Mayor Cooper
NAYS:None
- Application # 39-08-DB by JOEM Investments for Major Development Plan Approval in Order to Construct a 9,750 Square Foot Office Building at 633 W. Hallandale Beach Blvd. (Staff: Director, Development Services)(See Backup)
The Planning and Zoning Board Recommended Approval at the meeting of June 24, 2009 by a vote of 5-1 (Board Member/Alternate Dillard - No)
HEARD IN CONJUNCTION WITH ITEM #12.C.
Mayor Cooper noted that these items are Quasi-Judicial.
Deputy City Clerk Shari Canada swore in the applicant and staff.
Deputy City Clerk Canada polled the City Commission for ex-parte communications.
Commissioner London advised he spoke with Mr. Kaller, Architect, and the property owners regarding the project.
Commission Ross advised she has had no ex-parte communications.
Commission Sanders advised he has had no ex-parte communications.
Vice Mayor Julian advised he has had no ex-parte communications.
Mayor Cooper advised she has had no ex-parte communications.
City Manager Good provided background information on the item and noted his support of the project and recommended approval.
Richard Cannone, Director, Development Services Department, provided background information on the applications. He noted the significance of the project as an office building has not been built in the area in several years. He noted that staff recommends approval contingent upon the following conditions:
- Provide a 10 foot road right of way easement along West Hallandale Beach Blvd. as required by the Broward County Trafficways Plan;
- The applicant will be required to mitigate for traffic and transportation impact as set forth by Section 32-794 of the City Code of Ordinances, “Traffic and Transportation Facilities”;
- The applicant shall be required to pay the City $7,351.50 in water impact fees;
- The applicant shall be required to pay the City $3,549 in sewer impact fee; and
- The applicant shall be required to contribute $5,000 to City Park Improvements.
Joseph Kaller, Architect, 2417 Hollywood Blvd., provided background on the project. He noted that the owners of the property will be the users of the property.
Mayor Cooper opened the Public Hearing. Seeing no speakers, Mayor Cooper closed the Public Hearing.
MOTION BY vice mayor julian, seconded by commissioner ross,TO APPROVE Application # 39-08-DB by JOEM Investments for Major Development Plan Approval in Order to Construct a 9,750 Square Foot Office Building at 633 W. Hallandale Beach Blvd. SUBJECT TO THE FOLLOWING CONDITIONS:
- Provide a 10 foot road right-of-way easement along West Hallandale Beach Blvd. as required by the Broward County Trafficways Plan;
- The applicant will be required to mitigate for traffic and transportation impact as set forth by Section 32-794 of the city code of ordinances, “Traffic and Transportation Facilities”;
- The applicant shall be required to pay the City $7,351.50 in water impact fees;
- The applicant shall be required to pay the City $3,549 in sewer impact fee; and
- The applicant shall be required to contribute $5,000 to City Park Improvements.
The motion carried on a 5/0 voice vote.