MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, MAY 2, 2007 AT 10:00AM
- CALL TO ORDER
Mayor Cooper called the meeting to order at 10:10 A.M.
- ROLL CALL
Mayor Cooper, Vice Mayor Julian, Commissioners London, Ross and Schiller, City Manager Good, City Attorney Jove, Deputy City Clerk Canada – All Present
City Clerk McGough arrived at 11:03 A.M.
- PLEDGE OF ALLEGIANCE
Led by Daniel Vasquez and Alejandro Tapia, HallandaleElementary School.
- PRESENTATIONS AND REPORTS
- Presentation of Certificates to the Student Citizens of the Month
Daniel Vasquez received a certificate as Student Citizen of the month from HallandaleElementary School.
Ms. Scales, Hallandale Elementary School Curriculum Specialist, advised the new school dedication ceremony is May 11, 2007. She noted that the school ranks 3rd in the County on the FCAT Writing test and that there were 9 perfect scores in the school. She advised that FCAT scores are to come out today.
She requested an update on the progress of installation of a fence on S.W.10 Ave and City Manager Good advised that an update will be provided.
Ronald Pinkney received a certificate as Student Citizen of the Month from HallandaleAdultCommunity Center for April, 2007.
Leo de Paul-Willis received a certificate as Student Citizen of the Month from HallandaleAdultCommunity Center for May, 2007.
Ms. Bagdasarian, HallandaleAdultCommunity Center, advised that the 11th Annual Ethics in the Workplace Seminar for the students will be on May 3, 2007.
- Presentation of Certificates of Recognition to GulfstreamMiddle School Student Winners of the Science Fair Competition on Renewable Energy
NOTE:SCIENCE FAIR COMPETITION WAS HELD AT ELEMENTARY SCHOOL, NOT THE MIDDLE SCHOOL
Mayor Cooper spoke of the partnership with DuPont for a Day of Science for the third grade students and the Puff Mobile competition at the Elementary School.
Certificate presented to Alejandro Tapia for an award winning puff mobile.
- Presentation of Contribution to GulfstreamMiddle School by Vice Mayor Julian
Vice Mayor Julian presented a check to Ms. Patterson for GulfstreamMiddle School for $1,000. The money is for extracurricular activities for the students. Ms. Patterson thanked Vice Mayor Julian for the donation.
Ms. Patterson, Principal, GulfstreamMiddle School, advised that the March 23, 2007 Physical Education Day was a great success and thanked the Commission for their partnership. She advised that there have been two meetings of the School Task Force regarding the location of the Middle School and AdultCommunity Center. She advised the recommendations are due by mid-June to Superintendent Notter followed by a presentation to the School Board by the end of June.
She advised that the school is one of seven schools selected to send students to the Air and SeaSchool. She advised that the students are playing Flag Football at the High School. She also announced the School Book Fair will be held the week of May 7, 2007 to May 11, 2007.
- Presentation to David Shapiro of Tel-Aviv Texaco for Contributions to the Community
To be rescheduled due to illness.
- Presentation of Certificate of Recognition to Andrea Lues, General Services Department, for Service to the Southeast Florida Governmental Purchasing Cooperative Group
Certificate presented to Andrea Lues, General Services Coordinator, General Services Department.
Ms. Lues spoke of the importance of the Purchasing Cooperative Group.
City Manager Good spoke of the professionalism and dedication of Ms. Lues and thanked her for her contribution to the City.
- Recognition of Detective Ron Beukers as the 2007 Major Frank LeBlanc Award for Law Enforcement Officer of the Year
Chief Magill spoke of the award and the hard work of Detective Beukers.
Jill Fogel, City’s Crime Victim Advocate, advised of her nomination of Detective Beukers and the importance of the victim advocates and law enforcement working together. Detective Beukers spoke of the dedication of Ms. Fogel and stated he shares the award with her.
City Manager Good spoke of the dedication of Detective Beukers and the importance of team work.
The Certificate was presented to Detective Ron Beukers.
- Proclamation Proclaiming Law Enforcement Memorial Day
Proclamation presented to Chief Magill.
Chief Magill spoke of Law Enforcement Memorial Day. He advised about the Police Unity Ride and the team from Hallandale Hot Pursuit who would be participating in the ride. He stated that Hallandale Officer Harry Wilkins who died in the line of duty on April 19, 1956 will be requested to be placed on the wall next year.
Mayor Cooper thanked the officers for their dedication to the City.
- Discussion of Public Works Construction Projects
Report presented by Earl King, Acting Director, Public Works.
Mr. King advised that the improvements on East Hallandale Beach Boulevard have been completed and the signalization is working better.
Mayor Cooper asked about tree upgrades along East Hallandale Beach Boulevard. City Manager Good stated that the trees will be upgraded, probably by the City.
Mayor Cooper asked about the appearance of electrical boxes. City Manager Good advised an Agenda Request (AR) had been created to address the issue and he would provide an update.
Mayor Cooper asked about the street construction at Layne Boulevard and East Hallandale Beach Boulevard. Mr. King advised that those upgrades are not a part of the East Hallandale Beach Blvd. project and are being done as part of a development agreement with Duo and RK Associates.
Mr. King stated that the Water Treatment plant is over 80% complete.
Mr. King advised that the Golden Isles Guard House is substantially complete and the punch list provided to contractor is to be completed in 2 weeks after which the existing guard house will be demolished. He also advised that the landscaping is being redesigned for drought tolerant plantings. Mayor Cooper requested that the plans be reviewed to ensure the mast arms clear the roof line of the guard house. City Manager Good stated that due diligence will be done.
Commissioner London asked if the paving and landscaping of the property on the east side of the guardhouse will occur at the same time as the rest of the landscaping and was advised affirmatively.
Mr. King stated that street repair and resurfacing have been completed on various roads throughout the City. He stated that all City roads are being evaluated for repair and maintenance.
- Discussion of Legislative Issues
Report presented by Frank Hileman, City’s Grant/Legislative Specialist.
City Manager Good advised that Speaker of the House Rubio has requested a special session to begin on June 5, 2007 regarding property tax reform. Mayor Cooper noted as the incoming Broward League of Cities President she will be on call to go to Tallahassee.
Frank Hileman, Grants/Legislative Specialist, outlined the House, Senate and Governor’s plans pertaining to property taxes and sales taxes. He provided an overview of the status of bills and addressed questions on Slots and Gaming, Telecommunications, Growth Management, FDOT work program, disclosure requirements, co-teaching, Affordable Housing/Mobile Home Relocation, Housing Trust Fund and no-fault insurance.
5. PUBLIC PARTICIPATION (to be heard at 10:15 A.M.)
Qunea Gordon, 1041 S Park Rd.Hollywood, spoke of the planned activities of the Hallandale High Alumni and Friends and the upcoming Scholarship fundraising event.
Motion BY VICE MAYOR JULIAN SECONDED BY COMMISSIONER SCHILLER TO ACCEPT THE SUPPLEMENTAL Agenda. The motion passed on a 4/1 voice vote with Commissioner London voting no.
6. CONSENT AGENDA
A. Approval of Minutes - March 7, 2007
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO APPROVE THE CONSENT AGENDA.The motion carried on a 5/0 voice vote.
7. PUBLIC HEARINGS (to be heard at 10:30 A.M.)
A. An Ordinance of the City of Hallandale Beach, Florida, Amending Chapter 8 of the City of Hallandale Beach Code of Ordinances by Amending Article IV.
Condominiums Subsection 8-113 Relating to Emergency Generators Required forElevators within Residential Multifamily Dwellings, Including Condominiums, and Requiring Emergency Operations Plans. (Second Reading)(Staff: Chief, FireRescue)(see backup) CAD# 002/06
Mayor Cooper advised this ordinance is a clarification to the previous ordinance and requires that certain condos and other buildings have a hook up for emergency generators as well as an emergency operations plan on file with the City.
Mayor Cooper opened the Public Hearing. Seeing no speakers, the Public Hearing was closed.
Commissioner Ross asked about assisting condos in preparation of the Emergency Plan and recommended that information on completion of the Emergency Plan be included in the upcoming hurricane forum.
City Manager Good stated that the Fire Department is sending out letters regarding the new requirements and that the ordinance will be discussed at the hurricane forum.
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO APPROVE THE ORDINANCE ON SECOND READING.The motion carried by a roll call vote, as follows:
AYES: Commissioners London, Ross, and Schiller; Vice-Mayor Julian; Mayor
Cooper.
NAYS: None.
B. An Ordinance of the City of Hallandale Beach, Florida, Amending the City Code of Ordinances, Chapter 18, Occupational Licenses, Article II "Local Business Tax,"Section 18-40 "Suspension or Revocation of Occupational License"; Providing forConflicts; Providing for Severability; and Providing for an Effective Date. (First Reading)(City Manager)(see backup)
City Manager Good discussed the reasons for this amendment.
Commissioner Ross asked if the Commission can delegate the process to another entity. City Attorney Jove advised that it is a due process issue and he would research the question. Mayor Cooper asked for the City Attorney to review if the appeal to the suspension or revocation can be delegated to the Special Magistrate.
Commissioner London asked that notice of the suspension or revocation be sent by certified mail and that a copy of the ordinance be included with the notice.
Mayor Cooper opened the Public Hearing. Seeing no speakers, the Public Hearing was closed.
MOTION BY COMMISSIONER ROSS, SECONDED BY VICE MAYOR JULIAN TO APPROVE AS AMENDED AND SET SECOND READING FOR MAY 16,2007.The motion carried by a roll call vote, as follows:
AYES: Commissioners London, Ross, and Schiller; Vice-Mayor Julian; Mayor
Cooper.
NAYS: None.
C. An Ordinance of the City Commission of the City of Hallandale Beach, Florida, Regarding Application to Establish the Village at Gulfstream Park CommunityDevelopment District; Making Findings of Fact Regarding the Petition; Establishing and Naming the Village at Gulfstream Park Community DevelopmentDistrict; Describing the Boundaries of the District; Naming the Five Persons Designated to be the Initial Members of the Board of Supervisors; ProvidingConsent for the Exercise of Certain Powers; Providing for Conflict, Severabilityand an Effective Date. (Second Reading) (City Attorney)(see backup) CAD # 29/04
Jerry Knight, Attorney for ForestCity, waived the quasi-judicial hearing process.
City Manager Good discussed the benefits of the Community Development District (CDD) and recommended approval of the Ordinance on Second Reading.
Commissioner London requested additional information on the make up and replacement of the members of the District Board of Supervisors. Mr. Knight advised that the Ordinance specifies the five initial members of the Board of Supervisors. Within 90 days of the passage of the ordinance an election occurs whereby the land owners elect the members of the Board of Supervisors to serve 2 and 4 year terms. He advised that if a member resigns from the board the remaining members will appoint a new person to fill the remaining term. He also advised that it takes three members to have a quorum.
The Community Development District has no set ending term; bonds are usually issued for a 30 year period.
ForestCity will make improvements and contributions to the City in accordance with the Development Order and Development Agreement.
Mayor Cooper opened the Public Hearing. Seeing no speakers, the Public Hearing was closed.
Mayor Cooper opened the Chapter 190, Florida Statutes Public Hearing. Seeing no speakers, the Chapter 190 Florida Statutes Public Hearing was closed.
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SCHILLER TO APPROVE THE ORDINANCE ON SECOND READING. The motion carried by a roll call vote, as follows:
AYES: Commissioners London, Ross, and Schiller; Vice-Mayor Julian; Mayor
Cooper.
NAYS: None.
Mayor Cooper recessed the meeting at 11:39 A.M.
Mayor Cooper reconvened the meeting at 11:43 A.M.
Mayor Cooper requested that information regarding Commission breaks during Commission Meetings be included in the Protocol Manual.
8. CITY BUSINESS
A.Report from Police and Fire Pension Board (Presented by Alan Miller, Chair)(see backup)
Report presented by Alan Miller, Chair.
Mayor Cooper spoke of the assumed rate of return and asked about that rate being lowered. Mr. Miller advised against lowering the assumed rate of return at this time. AssistantCity Manager Antonio spoke of relying on the actuary and being conservative and the funding ratio should be the determining factor in whether the City should lower the assumed rate of return. He also advised that lowering the assumed rate of return for the Police and Fire Pension would be more costly to the City than beneficial to the plan.
Mr. Miller stated the reason why the fund has losses is because of the economic conditions in 2000 and 2001. Once the new actuarial report comes out which will include 2006 information, that would be the time to re-evaluate the fund. He noted that the fund is 70% self funded.
Mayor Cooper asked for an update on the progress of the new ordinance for the Police and Fire Pension Fund. City Manager Good stated that the ordinance would be before the Commission after the July Commission break and will include all the changes since the last major ordinance revision.
Commissioner Ross requested that the Pension Board Attorney and the City Attorney discuss the issues related to the ordinance to ensure all issues are addressed before the ordinance is brought before the Commission.
B. Report from Public Transportation/Flood Mitigation Advisory Board (Presented byLawrence Grimson, Chair)(see backup)
Report presented by Joe Sher, Vice Chair.
Mr. Sher advised that the Board recommends increasing the Minibus service and decreasing headways to less then 30 minutes. Mayor Cooper noted that the Commission has directed that the headways be reduced.
Mr. Sher advised that the Board recommends a free shuttle service to the Hollywood Train Station from the Gulfstream Superstop.
Commissioner London noted that the City surveys distributed at the Community Forums should be placed in the minibuses. In response to a question about the service running for the Special Event on June 30, 2007 (Independence Day celebration), Mayor Cooper stated the buses would be in service to serve the special event.
Consensus reached that making the white minibuses more colorful should be evaluated.
Vice Mayor Julian spoke of selling advertising inside the buses. City Manager Good stated that there was advertising before and there were concerns about payment and other related issues with advertising on the inside of the buses.
C. Report from Unsafe Structure Board (Presented by Dan Lavrich, Chair)(see
backup)
Mayor Cooper advised that the presentation of this report is being deferred to a later date.
D. Report from Planning and Zoning Board (Presented by William Patterson,
Chair)(see backup)
Report presented by William Patterson, Chair.
Mr. Patterson requested Commission’s opinion on verbatim minutes.
Mayor Cooper stated that verbatim minutes are staff intensive and the meetings are audio and video recorded and that verbatim minutes are not necessary. City Manager Good noted that the Board members should request additional information from staff as to location of projects and other information, as needed.
Commissioner London asked about elections. Ms. Dominguez, Director Planning and Zoning noted that election would be on the next meeting agenda.
Mr. Patterson advised that the alternate member has not been at the last seven meetings. Ms. Dominguez advised that all members including the alternate are advised of all meetings via phone and the agenda is provided prior to the meeting.
Commissioner London asked if all boards and committees have alternates and requested that all alternates be required to attend all meetings. City Clerk McGough advised not all boards and committees have alternates. The Administrative Policy regarding Boards and Committees will be reviewed to ensure the role of alternates is clear.
Commissioner Ross spoke of the Florida League of Cities Committee and Board workshop and concurred with Commissioner London that alternates should attend all meetings.
MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER ROSS THAT ALL ALTERNATES ON ANY QUASI-JUDICIAL BOARD AND/OR COMMITTEE BE REQUIRED TO ATTEND ALL MEETINGS.The motion carried on a 5/0 voice vote.
NOTE:BOARD AND COMMITTEE ADMINISTRATIVE POLICY TO BE UPDATED