MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, March 4, 2009 AT 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 10:11 AM

  1. ROLL CALL

Commissioners London, Ross and Sanders, Vice Mayor Julian, Mayor Cooper, City Manager Good, City Attorney Jove, and Acting City Clerk Canada - All present

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

Perline Mathurin received certificate as Gulfstream Middle School’s Student Citizen of the Month for February 2009.

Rooscov Jean received certificate as Hallandale Adult Community Center’s Student Citizen of the Month for February 2009.

  1. Presentation from Navarro Security Regarding Services Provided to the Golden Isles Safe Neighborhood District AR# 002/09

Louis Sorrentino, Navarro Security, gave the presentation.

The City Commission directed for the Protocol for the security guards at the Golden Isles Safe Neighborhood District Guard House be placed on the City’s website.

The City Commission took no further action on this item.

  1. Discussion of Public Works Construction Projects

Bill Brant, Director of Utilities and Engineering, and John Chidsey, Director of Public Works presented the report.

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

Chaive Mesmer, 717 NE 1 Avenue, spoke of the position of Commissioner London and noted it is important the Commission work together.

Mary Thompson, 613 NW 4 Avenue, advised she felt the newspaper article about Eagle’s Wings Development Centerwas one sided and slanderous. She spoke in support of Eagle’s Wings Development Center and its contributions to the Community.

Joe Johnson, 228 SW 5 Ave, spoke about Eagle’s Wings Development Center and their service to the Community. He spoke in support of Commissioner Sanders. He recommended that Eagle’s Wings Development Center be provided the opportunity to remain in the facility the City has bought and continue to offer services to the Community.

Anne Page, 400 NW 4 Court, spoke in support of the Eagle’s Wings Development Center.

Shaundra Hicks, 504 Foster Road, spoke of Eagle’s Wings Development Center and asked the City to assistin assuring the Center remains in the City.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO DIRECT THE CITY MANAGER TO NEGOTIATE AT COST A RETENTION AGREEMENT WITH EAGLE’S WINGS DEVELOPMENT CENTER UNTIL THE CITY TAKES ACTION TO DEVELOP THE BUILDING IN WHICH EAGLE’S WINGS DEVELOPMENT CENTER IS CURRENTLY OPERATING AND DIRECTING THE CITY ATTORNEY TO ENSURE ALL STATUTES ARE ADHERED. The motion carried on a 4/1 voice vote (Commissioner London voted no)

  1. CONSENT AGENDA
  1. Approval of Minutes - Special Meeting August 1, 2008, Regular Meeting September 29, 2008, and Regular Meeting October 15, 2008

MOTION BY VICE MAYOR JULIAN SECONDED BY COMMISSIONER ROSS TO APPROVE THE MINUTES AND CORRECT THE DATE FROM OCTOBER 15, 2009 TO OCTOBER 15, 2008. 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 32, Article V, of The City Of Hallandale Beach Code of Ordinances, The "Zoning And Land Development Code"; Amending Section 32-790, "Time Limits And Revisions"; Providing For Conflicts, Providing For Severability; Providing For An Effective Date (Second Reading)(Staff: Director, Development Services)(See Backup) CAD#010/08

The Ordinance was passed on First Reading on February 18, 2009 with a vote of 5/0.

City Manager Good provided background on the item and recommended approval.

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

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO ADOPT ON SECOND READING AN ORDINANCE AMENDING CHAPTER 32, ARTICLE V, SECTION 32-790 “TIME LIMITS AND REVISIONS”. The motion carried by a roll call vote as follows:

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

NAYS:None

  1. An Ordinance Of The City Of Hallandale Beach, Florida, Amending Chapter 32, Article VIII, “Notice Requirements” of the City Of Hallandale Beach Code Of Ordinances, The “Zoning And Land Development Code”; Providing For Conflicts; Providing For Severability; Providing For An Effective Date (Second Reading) (Staff: Director, Development Services)(See Backup) CAD #032/07

The Ordinance was passed on First Reading on February 18, 2009 with a vote of 5/0.

City Manager Good provided background on the item and recommended approval.

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

MOTION BY COMMISSIONER ROSS, SECONDED BY VICE MAYOR JULIAN TO ADOPT ON SECOND READING AN ORDINANCE AMENDING CHAPTER 32, ARTICLE VIII, “NOTICE REQUIREMENTS”. The motion carried by a roll call vote as follows:

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

NAYS:None

  1. CITY BUSINESS
  1. Pursuant to Chapter 23, Section 23-105, Award of Contract, Request Authorization to Award Bid #FY2008-2009-002, Flood Mitigation Assistance (FMA) NE 2nd Street Drainage Improvement Project, to the Lowest Responsive, Responsible Bidder, Tenex Enterprises, Inc., in the Total Amount of $639,325.50. (Staff: Director, Utilities & Engineering) (see backup)CAD#017/05

City Manager Good provided background on the item and recommended approval.

Commissioner London left the dais at 11:52 AM.

Commissioner London returned at 11:54 AM.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO AWARD BID #FY2008-2009-002, FLOOD MITIGATION ASSISTANCE (FMA) NE 2 STREET DRAINAGE IMPROVEMENT PROJECT TO THE LOWEST, RESPONSIVE, RESPONSIBLE BIDDER, TENEX ENTERPRISES, INC. IN THE TOTAL AMOUNT OF $639,325.50which includes the bid price of $581,205.00 plus a 10% contingency AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. The motion carried on a 5/0 voice vote.

  1. Consideration of a funding request from Digital Outernet Inc. (DOI), through the CRA Economic Development/Business Incentive Program in the amount of $125,000, as outlined in the Staff Report. (Staff: Director, Development Services)(See Backup) CAD# 005/02

Mayor Cooper left the dais at 12:42 PM.

Mayor Cooper returned at 12:44 PM.

Mayor Cooper left at the dais 1:30 PM.

Mayor Cooper returned at 1:31 PM

John Hardwick and Steve Fecske, DOI, made a presentation.

Mr. Fecske advised that DOI is committed to share 10% of their revenues, plus provide free advertisement access to the City.

The benefits offered to Hallandale Beach are primarily intangible, and include:

  1. The City will receive free services from the City Channel’s production for signage creation.
  2. The City will be able to schedule special programming, such as events, fund-raisers and employment opportunities and advertise at no cost to the City.
  3. The City Channel offers the City an additional media outlet to distribute pertinent emergency information to residents.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO END DEBATE ON MR. JOHN FECSKE’S BUSINESS MATTERS AND DEALINGS NOT DIRECTLY RELATED TO DIGITAL OUTERNET INC. The motion carried on a 4/1 voice vote. (Commissioner London voted no).

Mayor Cooper opened the item for Public comment.

Chaive Mesmer, 717 NE 1 Avenue, asked questions about content of the advertisements, maintenance of the equipment, and how long the advertisements will be displayed on the screens.

Csaba Kulin 600 NE 14thAve, noted in his opinion past behavior is best indicator of future behavior. He suggested the Comcast government access channel 78 be used to provide information to the public and advertising be done on this channel. Additionally, Mr. Kulin suggested each Commissioner have a half hour show each week on channel 78.

Arturo O’Neill, 502 Holliday Drive, noted he was concerned that the applicants did not have property to pledge as collateral.

City Manager Good recommended the City Commission to authorize him to work with the applicant to allocate funding based on benchmark standards such as:

  1. Employment: Number of employees from Hallandale Beach,
  2. Long term lease with landlord to ensure sustainability,
  3. Property Improvements to be consistent with improvements for Foster Park,
  4. Number of sites participating in the program,
  5. Number of advertisers,
  6. Advertising Guidelines,
  7. Potential Business Partners, and
  8. Location of Administrative Staff: headquarters to be ultimately located within Hallandale Beach.

Furthermore, there is funding available for this type of Economic Incentive Program both in the General and CRA funds. Funding for this Program will be disbursed from both General and CRA funds.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO

approve the request from Digital Outernet Inc., for economic development incentives in the amount of $125,000, to assist in start-up expenditureS, authorize the City Manager to negotiate an agreement setting benchmark standards and to distribute the funding up to $125,000 as the benchmark standards are met subject to the following conditions:

  1. Change their network name from “City Channel”;
  2. Establish a small business bank account before funding is awarded;
  3. Apply and obtain the proper Business Tax License, prior to the release of funding;
  4. Waive real property requirement and allow the City Manager to negotiate other means of securing funding and repayment;
  5. Business to provide the Development Services/CRA Department with an audited Annual Performance Review every year during the funding term of 10 years; and
  6. An advertisement guideline to be provided.

The motion carried on a 4/1 voice vote. (Commissioner London voted no)

As the funding for this item comes from the Community Redevelopment Agency (CRA), a meeting of the CRA Board of Directors was in order.

Mayor Cooper recessed the City Commission Meeting at 1:50 P.M.

Mayor Cooper reconvened the City Commission Meeting at 2:17 P.M.

Mayor Cooper recessed the City Commission Meeting at 2:18 P.M.

Mayor Cooper reconvened the City Commission Meeting in the Commission Chambers at 3:27 P.M.

  1. COMMISSIONER REPORTS

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

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO APPROVE A RESOLUTION URGING BROWARD COUNTY TO ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FROM THE STIMULUS PACKAGE TO UN-ENTITLED CITIES.The motion carried by a roll call vote as follows:

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

NAYS:None

  1. OTHER

The City Commission discussed other City Business

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

Mayor Cooper reconvened the City Commission Meeting in Room 257 at 2:50 PM.

The City Commission discussed activities, events and meeting for the month of March, 2009.

Mayor Cooper recessed the meeting in Room 257 at 3:20 P.M.

There being no further business before the Commission,Mayor Cooper adjourned the meeting at 3:53 PM.

RESPECTFULLY SUBMITTED,

______

Mayor

ATTEST:

______

Acting City Clerk

RECORDING SECRETARY:Shari Canada

APPROVED BY COMMISSION:______

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