MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, FEBRUARY 3, 2010AT 10:00 A.M., CITY COMMISSION CHAMBERS 400 S. FEDERAL HIGHWAY HALLANDALE BEACH, FL 33009

  1. CALL TO ORDER

Mayor Cooper called the meeting to order at 10:08 AM.

  1. ROLL CALL

Commissioners London, Ross and Sanders, Vice Mayor Julian, Mayor Cooper, Acting City Manager Rafols, City Attorney Jove, and City Clerk Buschman – All Present

  1. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Tyre Sheffield from Hallandale Elementary School.

  1. PRESENTATIONS AND REPORTS
  1. Presentation of Certificates to the Student Citizens of the Month

Priscilla Cuesta, was recognized as the January Student Citizen of the Month for Hallandale Elementary School.

O’necqua Brin, was recognized as the January Student Citizen of the Month for Hallandale High School.

Jovanna Janae Williams, was recognized as the January Student Citizen of the Month for Hallandale High School.

Livin Sabio, was recognized as the January Student Citizen of the Month for Hallandale Adult Community Center.

Rosanne Bagdasarian, Guidance Counselor, Hallandale Adult Community Center, advised the City Commission of activities at Hallandale Adult Community Center.

Principal Sharon Ludwig, Hallandale Elementary, advised the City Commission of activities at Hallandale Elementary School.

Principal Darren Jones, Hallandale High School, provided an update on the activities happening at Hallandale High School.

  1. Discussion of Utilities & Engineering Construction Projects

Bill Brant, Director of Utilities & Engineering Department, presented the report.

  1. Presentation of the Police Department Quarterly Report

Deputy Chief James Kirchoff, Police Department, presented the report.

  1. PUBLIC PARTICIPATION (to be heard at 10:15 A.M.)

Ann Henigson, 500 Three Islands Blvd., Apt. 707, spoke about the red light camera program and requested that language be included on the Notice of Violation that the violation does not assess points to the driver’s license.

Charlie Cowie, 241 SW 9th Avenue, spoke in opposition of Hallandale Adult Community Center. He advised that the students leave trash and debris along the roadway and on private property.

Mayor Cooper requested additional police officers patrol the area. Acting City Manager Rafols advised she would advise the Police Department of the issues.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER LONDON, TO PROVIDE 2 ADDITIONAL MINUTES TO MR. COWIE TO SPEAK DURING PUBLIC PARTICIPATION. The motion carried on a 3/2 voice vote. (Mayor Cooper and Commissioner Ross voted no).

Csaba Kulin, 600 NE 14th Ave., Apt. # 220, spoke about the Red Light Camera Program and about new signs erected in Scavo Park advising no pets and no bikes being allowed in the park.

Vice Mayor Julian spoke about the need for a designated area in Scavo Park for a dog park.

Vice Mayor Julian made and Commissioner London seconded for discussion, the following motion:

MOTION TO SET A PERIMETER AND INSTALL A FENCE AT SCAVO PARK FOR A DOG PARK.

Mayor Cooper noted her concerns about passing a motion to establish the park and requested that the motion be amended for staff to evaluate the establishment of a dog park at Scavo Park to include size, location, amenities and cost and to bring back for City Commission consideration at the February 17, 2010 City Commission meeting.

Vice Mayor Julian and Commissioner London agreed to amend the motion as follows:

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER LONDON, TO DIRECT THE CITY MANAGER TO EVALUATE THE ESTABLISHMENT OF A DOG PARK AT SCAVO PARK TO INCLUDE SIZE, LOCATION, AMENITIES AND COST AND TO BRING BACK FOR CITY COMMISSION CONSIDERATION AT THE FEBRUARY 17, 2010 CITY COMMISSION MEETING. The motion carried on a 5/0 voice vote.

  1. CONSENT AGENDA
  1. Approval of Draft Minutes - Regular Meetings of November 18, 2009 and December 2, 2009

HEARD IN CONJUNCTION WITH COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS MEETING ITEM #3.A.

HEARD IN CONJUNCTION WITH GOLDEN ISLES SAFE NEIGHBORHOOD DISTRICT BOARD OF DIRECTORS MEETING ITEM #3.A.

HEARD IN CONJUNCTION WITH THREE ISLANDS SAFE NEIGHBORHOOD DISTRICT BOARD OF DIRECTORS MEETING ITEM #3.A.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS, TO APPROVE THE DRAFT MINUTES FOR THE REGULAR MEETINGS OF NOVEMBER 18, 2009 AND DECEMBER 2, 2009.

Commissioner London requested the item be pulled from the Consent Agenda.

Regarding the November 18, 2009 Minutes, Commissioner London noted that Kay Anderson spoke about the lack of transparency and he noted that the statement is not in the minutes. Mayor Cooper explained this information is on the meeting’s recording.

Commissioner London noted Item 12.B. of the November 18, 2009 Minutes regarding Major Development Approval for the JOEM Investments Project located at 633 W. Hallandale Beach Boulevard: he stated that during the polling for Ex-Parte Communication he noted that he spoke to Richard Shan and that this is not included in the minutes. Mayor Cooper reiterated that the City’s minutes are Action Minutes.

MOTIONBY COMMISSIONER LONDON, TO AMEND THE MINUTES TO REFLECT HIS CORRECTIONS. No second.

Mayor Cooper called the question. The motion carried on a 4/1 voice vote. (Commissioner London voted no).

Mayor Cooper recessed the City Commission Meeting at 12:06 PM in order to open the Golden Isles and Three Islands Safe Neighborhood District Board of Directors and the Hallandale Community Redevelopment Agency Board of Directors Meetings.

Mayor Cooper reconvened the City Commission meeting at 12:13 PM.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO CONFIRM THE ACCEPTANCE AND APPROVAL OF THE COMMUNITY REDEVELOPMENT AGENCY, GOLDEN ISLES SAFE NEIGHBORHOOD DISTRICT, AND THREE ISLANDS SAFE NEIGHBORHOOD DISTRICT BOARD OF DIRECTORS DRAFT MINUTES AS READ AND DISCUSSED FOR THE SPECIAL MEETING OF DECEMBER 2, 2010.The motion carried on a 4/1 voice vote. (Commissioner London voted no).

  1. PUBLIC HEARINGS (to be heard at 10:30 A.M.)
  1. An Ordinance of the City of Hallandale Beach, Florida, Amending Chapter 23, Section 23-108 Cooperative Purchasing to Include the Purchase of Services; Providing for Conflict, Severability and an Effective Date (First Reading) (Staff: General Services Director)(See Backup)

Acting City Manager Rafols provided background information on the item. She advised that this is a clarifying Ordinance to ensure that the code is consistent with the City’s purchasing practices. She recommended approval.

MOTION BY COMMISSIONER LONDON TO DIRECT THE CITY MANAGER TO INCLUDE LANGUAGE IN THE ORDINANCE PROVIDING A LIST OF THE SERVICES AND THAT NO CONSULTANT SERVICES TO BE INCLUDED IN THIS PROVISION.

City Attorney Jove noted that it would be difficult to include an itemized list of services in the ordinance and suggested that staff draft language regarding professional services and bring back for Second Reading.

Commissioner London amended the motion and Commissioner Sanders seconded for discussion, as follows:

MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER SANDERS, TO AMEND THE ORDINANCE AND TO DIRECT THE CITY MANAGER TO INCLUDE LANGUAGE TO CLARIFY THE CITY MANAGER’S SPENDING AUTHORITY RELATED TO PROFESSIONAL AND OPERATIONAL SERVICES.

Mayor Cooper opened the Public Hearing. Seeing no speakers, Mayor Cooper closed the Public Hearing.

Mayor Cooper called the question. The motion carried on a 5/0 voice vote.

Motion was made by Commissioner Sanders and Commissioner London seconded for discussion, as follows:

MOTION by commissioner sanders, seconded by commissioner london, tO APPROVE ON FIRST READING An Ordinance of the City of Hallandale Beach, Florida, Amending Chapter 23, Section 23-108 Cooperative Purchasing to Include the Purchases of Services; Providing for Conflict, Severability and an Effective Date AS AMENDED AND BRING BACK FOR SECOND READING ON FEBRUARY 17, 2010.

Commissioner London stated that he does not support the City Manager’s purchasing authority and cannot support this item.

Mayor Cooper called the question.

The motion carried on a 4/1 roll call vote as follows:

AYES:Commissioner Ross and Sanders, Vice Mayor Julian and Mayor Cooper

NAYS:Commissioner London

Mayor Cooper recessed the meeting at 1:18 PM.

Mayor Cooper reconvened the meeting at 2:53 PM.

City Attorney Jove provided an update to the City Commission regarding the upcoming Police Impasse Special Magistrate Hearing on February 16, 2009. He noted that the Executive Sessions regarding litigation with Napier and Abrams would be rescheduled.

  1. CITY BUSINESS
  1. A Resolution of the City of Hallandale Beach, Florida, Authorizing the Execution of a Highway Landscaping, Uplighting, Irrigation and Decorative Crosswalk Maintenance Agreement with the Florida Department of Transportation for S.R.-5 (Federal Highway) between South County Line and Pembroke Road. (Staff: Director, Utilities and Engineering) (See Backup) CAD #029-04/BP# 06/021

Acting City Manager Rafols provided background information on the item and recommended approval.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS, TO APPROVE A Resolution of the City of Hallandale Beach, Florida, Authorizing the Execution of a Highway Landscaping, Uplighting, Irrigation and Decorative Crosswalk Maintenance Agreement with the Florida Department of Transportation for S.R.-5 (Federal Highway) between South County Line and Pembroke Road; to Authorize the City Manager to execute all related documents; AND TO Authorize the City Manager to establish accounts and make expenditures to implement the project. The motion carried on a 5/0 roll call vote as follows:

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

NAYS:None

  1. A Resolution of the City of Hallandale Beach, Florida, Authorizing the Submission of a Proposal for the 2010-2011 Forest Health Improvement Initiative Grant Program; and Entering into a Grant Memorandum of Agreement (MOA) with the State of Florida Department of Agriculture and Consumer Services, Division of Forestry once Grant is Awarded (Staff: Director, Public Works) (See back-up)

Acting City Manager Rafols provided background information on the project and recommended approval.

MOTION by vice mayor julian, seconded by commissioner sanders, TO APPROVE A Resolution of the City of Hallandale Beach, Florida, Authorizing the Submission of a Proposal for the 2010-2011 Forest Health Improvement Initiative Grant Program; and Entering into a Grant Memorandum of Agreement (MOA) with the State of Florida Department of Agriculture and Consumer Services, Division of Forestry, once the Grant is Awarded; TO Authorize the City Manager to execute all related documents; AND TO Authorize the City Manager to establish accounts and make expenditures to implement the project. The motion carried on a 5/0 roll call vote as follows:

AYES:Commissioner London, Ross and Sanders, Vice Mayor Julian and Mayor Cooper

NAYS:None

  1. A Resolution of the City of Hallandale Beach, Florida, Authorizing an Agreement between the City and Commerce Bank, N.A. to Process Accounts Payable City Vendor Checks Electronically Through the Visa Network. (Staff: Director of Finance)(See Backup)

Acting City Manager Rafols provided background information on the item and recommended approval.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS, TO APPROVE A Resolution of the City of Hallandale Beach, Florida, Authorizing an Agreement between the City and Commerce Bank, N.A. to Process Accounts Payable City Vendor Checks Electronically Through the Visa Network and TO AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE PROGRAM.The motion carried on a 5/0 roll call vote as follows:

AYES:Commissioner London, Ross and Sanders, Vice Mayor Julian and Mayor Cooper

NAYS:None

  1. A Resolution of the City of Hallandale Beach, Florida, Supporting H.R. 3745, The Community Access Preservation Act, Which Addresses Critical and Immediate Threats to Local Educational and Government Access Channels and Directing that this Resolution be Forwarded to the President of the United States, the Florida Congressional Delegation, the Florida League of Cities, and to the National League of Cities; and Providing for an Effective Date (Mayor Joy Cooper)

Mayor Cooper provided background information on the item and encouraged the City Commission to adopt the Resolution.

MOTION bY vICE Mayor julian, sECONDED BY COMMISSIONER ROSS, TO APPROVE A Resolution of the City of Hallandale Beach, Florida, Supporting H.R. 3745, The Community Access Preservation Act, Which Addresses Critical and Immediate Threats to Local Educational and Government Access Channels and Directing that this Resolution be Forwarded to the President of the United States, the Florida Congressional Delegation, the Florida League of Cities, and to the National League of Cities; and Providing for an Effective Date.The motion carried on a 5/0 roll call vote as follows:

AYES:Commissioner London, Ross and Sanders, Vice Mayor Julian and Mayor Cooper

NAYS:None

  1. COMMISSIONER REPORTS

The City Commission discussed meetings and events attended as representatives of the City.

  1. OTHER

The City Commission discussed other City business.

MOTION BY COMMISSIONER LONDON TO CHANGE THE MEETING TIME OF THE SECOND MEETING OF THE MONTH FROM 1:30 PM TO 6:00 PM. 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 $19,999.99. The motion failed due to a lack of a second.

MOTION BY COMMISSIONER LONDON TO CHANGE THE MINUTES FROM ACTION MINUTES TO SUMMARY MINUTES TO BETTER REFLECT THE DIALOGUE AND DEBATE THAT GOES ON WHEN WE SPEAK ABOUT THE ISSUES THAT COME BEFORE THE CITY COMMISSION. The motion failed due to a lack of a second.

MOTION BY COMMISSIONER LONDON TO INCLUDE ALL THE LOBBYISTS THAT ARE PAYING A FEE TO LOBBY THE CITY AND CITY COMMISSIONERS ON BEHALF OF ITEMS AND PUT THAT ON OUR WEBSITE. The motion failed due to a lack of a second.

Acting City Manager Rafols noted that the City won the case against Reuters/Waste Management and that as of Monday the City does not have a contract to take the City’s garbage to the transfer station. At this point staff has been working to determine all options available. She noted that she is requesting authorization from the City Commission to enter into a Memorandum of Understanding with the best option for at least a six-month term with a termination clause. This will allow staff to develop and release a Request for Proposal.

Mayor Cooper asked if Reuters/Waste Management is accepting the City garbage at this time. Acting City Manager Rafols advised yes and staff is working on terms and agreements for the transfer of the City’s garbage.

Mayor Cooper suggested having a workshop on the issue before a Request for Proposal is released.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS, TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AN AGREEMENT FOR TRANSFER AND DISPOSAL OF THE CITY’S GARBAGE WITH THE BEST ALTERNATIVE, AS DETERMINED BY THE CITY MANAGER, FOR AT LEAST A SIX MONTH TERM WITH THE UNDERSTANDING THAT THE CITY IS DEVELOPING A REQUEST FOR PROPOSAL AND TO DIRECT THE CITY MANAGER TO SCHEDULE A WORKSHOP TO REVIEW ALL ALTERNATIVES TO SECURE THE BEST RATE AND SERVICE FOR THE CITY.The motion carried on a 5/0 voice vote.

  1. PLANNING AND SCHEDULING MEETING (to be heard in Room 257)

Mayor Cooper reconvened the City Commission Meeting at City Hall Room 257, at 1:36 PM.

The City Commission discussed upcoming events, activities and meetings.

The City Commission discussed attendance at Broward Days and Legislative Action Day in Tallahassee in March.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS, REQUIRING THAT EACH COMMISSIONER, WHEN GOING TO LOBBY ON BEHALF OF THE CITY, SCHEDULE THEIR APPOINTMENTS WITH AND THROUGH THE CITY MANAGER’S OFFICE AND PROVIDE THE TOPIC OF DISCUSSION, AND THAT THEY WILL REPORT BACK AT THE FOLLOWING CITY COMMISSION MEETING ON WHICH MEETINGS THEY ATTENDED AND THE NATURE AND OUTCOME OF THEIR DISCUSSIONS UNDER COMMISSIONER REPORTS. The motion carried on a 5/0 voice vote.

Mayor Cooper recessed the meeting at 2:39 PM.

Mayor Cooper reconvened the meeting at 2:53 PM.

There being no further business before the Commission, Mayor Cooper adjourned the meeting at 4:35 PM.

RESPECTFULLY SUBMITTED,

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ATTEST: Mayor

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City Clerk

RECORDING SECRETARY:Shari Canada, Deputy City Clerk

APPROVED BY COMMISSION:______

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