MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, JANUARY 6, 2010AT 10:00 A.M., CITY COMMISSION CHAMBERS 400 S. FEDERAL HIGHWAY HALLANDALE BEACH, FL 33009
- CALL TO ORDER
Mayor Cooper called the meeting to order at 10:18 AM.
- ROLL CALL
Commissioners London, Ross and Sanders, Vice Mayor Julian, Mayor Cooper, City Manager Good, City Attorney Jove and City Clerk Buschman – All Present.
- PLEDGE OF ALLEGIANCE
Vladislav Kharkhun, Hallandale Elementary School Student Citizen of the Month, led the Pledge of Allegiance.
- PRESENTATIONS AND REPORTS
- Presentation of Certificates to the Student Citizens of the Month
Vladislav Kharkhun was recognized as the December Student Citizen of the Month for Hallandale Elementary School.
Tanzila Auni was recognized as the December Student Citizen of the Month for Gulfstream Middle School.
Jovian Richard was recognized as the December Student Citizen of the Month for Hallandale Adult Community Center.
Rosanne Bagdasarian, Guidance Counselor, Hallandale Adult Community Center, provided an update on the activities at Hallandale Adult Community Center.
Betty Somerset, Exception Student Education (ESE) Support, Gulfstream Middle School, provided an update on the activities at Gulfstream Middle School.
Principal Sharon Ludwig, provided an update on the activities at Hallandale Elementary School.
- Proclamation Proclaiming Support for the National Guard and Reserve
Mayor Cooper presented the Proclamation to Dr. Nelson Santiago, Director of Public Affairs, Employer Support of the Guard and Reserve Florida at US Department of Defense.
- Discussion of Public Works Construction Projects
John Chidsey, Director, Public Works Department, presented the report.
- PUBLIC PARTICIPATION (to be heard at 10:15 A.M.)
Patricia Ditto, 26 Diplomat Parkway, requested signs to advertise the minibus Route 1 be installed, she spoke about traffic signalization and the discontinuation of Miami-Dade Bus services in Broward County.
Jerry Biller, 900 SE 9th Street, noted his concern about the increase in the water and sewer base rates. He spoke about the December rain event and noted his property flooded and he spoke about the cleaning of the catch basins.
Joe Litowich, 16750 NE 10th Ave. North Miami Beach, Affordable Contractors Inc., spoke about the property located 455 Tamarind Drive and noted he wrote the proposal and stands by the proposal provided and that the contract will met the obligations to repair the property.
Laura Simon, 16784 NW 15th Street, Pembroke Pines, spoke about the property at 455 Tamarind Drive and requested the City Commission provide another opportunity to Jimmy Abrams to repair the property.
John Simon, 16784 NW 15th Street, Pembroke Pines, spoke about the property at 455 Tamarind Drive and requested the City Commission provide another opportunity to Jimmy Abrams to repair the property.
Jimmy Abrams, 455 Tamarind Drive, spoke about the property at 455 Tamarind Drive and asked for City Commission consideration to give him another chance to repair to property.
City Manager Good advised that the City Commission has already directed him to work with Mr. Abrams and to move forward to obtain the title to the property in order to rectify the issues.
MOTION BY COMMISSIONER LONDON TO GIVE JIMMY ABRAMS A SECOND CHANCE. The motion failed due to a lack of a second.
John Lombardo, 449 Tamarind Drive, spoke about the property located at 455 Tamarind Drive. He noted that he has watched the property decline to unlivable conditions and spoke in opposition to the City offering Mr. Abrams another opportunity to repair the home.
- CONSENT AGENDA
- Approval of Draft Minutes - Regular Meeting of November 4, 2009
HEARD IN CONJUNCTION WITH THE COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS MEETING ITEM #3.A.
HEARD IN CONJUNCTION WITH THE GOLDEN ISLES SAFE NEIGHBORHOOD DISTRICT BOARD OF DIRECTORS MEETING ITEM #3.A.
HEARD IN CONJUNCTION WITH THE THREE ISLANDS SAFE NEIGHBORHOOD DISTRICT BOARD OF DIRECTORS MEETING ITEM #3.A.
Mayor Cooper recessed the City Commission Meeting at 2:28 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 meeting at 2:33 PM
MOTION BY COMMISSIONER ROSS, SECONDED BY VICE MAYOR JULIAN TO APPROVE THE DRAFT MINUTES OF THE REGULAR MEETING OF THE NOVEMBER 4, 2009 CITY COMMISSION. The motion carried on a 4/1 voice vote. (Commissioner London voted no).
- PUBLIC HEARINGS (to be heard at 10:30 A.M.)
- An Ordinance of the City of Hallandale Beach, Florida, Creating Article VI in Chapter 2, Administration, Sections 2-436. Definitions, 2-437. Prohibition on Participation on Items of Personal, Financial, or Organizational Interest, 2-438. Disclosure on Items of Personal, Financial, or Organizational Interests, 2-439. Use and Disclosure of Information Prohibited, 2-440. Contracts Related Disclosure Required, Establishing a Code of Ethics to be Followed by Elected Officials and Employees; Officials Appointed to Boards; Providing for Severability; Providing for an Effective Date (First Reading) (Staff: City Attorney & City Clerk) (See Backup) CAD #012/07 & CAD #013/07
HEARD IN CONJUNCTION WITH ITEM #7.B.
City Manager Good provided background information on the item and noted that the City Commission directed staff to work with outside Counsel regarding the Protocol Manual and to draft and Ethics Manual.
Mayor Cooper requested that violation language be added to the Ethics Manual.
NOTE:ITEM #7.B. WAS CONSIDERED AND VOTED ON BY THE CITY COMMISSION PRIOR TO ITEM #7.A.
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 on first reading An Ordinance of the City of Hallandale Beach, Florida, Creating Article VI in Chapter 2, Administration, Sections 2-436. Definitions, 2-437. Prohibition on Participation on Items of Personal, Financial, or Organizational Interest, 2-438. Disclosure on Items of Personal, Financial, or Organizational Interests, 2-439. Use and Disclosure of Information Prohibited, 2-440. Contracts Related Disclosure Required, Establishing a Code of Ethics to be Followed by Elected Officials and Employees; Officials Appointed to Boards; Providing for Severability; Providing for an Effective Date AND BRING BACK FOR SECOND READING WHEN READY. The motion carried on a roll call vote as follows:
AYES:Commissioners Ross and Sanders, Vice Mayor Julian and Mayor Cooper
NAYS:Commissioner London
- An Ordinance of the City of Hallandale Beach, Florida, Adopting the Protocol Manual; Providing for Severability; Providing for an Effective Date. (First Reading) (Staff: City Attorney & City Clerk) (See Backup for Item #7.A.) CAD #012/07 & CAD #013/07
HEARD IN CONJUNCTION WITH ITEM #7.A.
Bruce Rogow, Outside Counsel, stated that the Protocol Manual has remained relatively the same and that his revisions are more of a fine tuning of the Protocol Manual. He outlined the changes in the Protocol Manual. He noted that the theme in the changes is disclosure by a Commissioner and disclosure of the role of the City Commissioner when they are speaking. He noted that the disclosure serves two purposes: one for the listener so that the listener knows if the Commissioner is speaking as a City Commissioner for the City Commission or speaking for himself or herself; and second, for the Commissioner to declare if he or she is speaking on behalf of the Commission, or on behalf himself or herself.
The City Commission discussed the Protocol Manual.
MOTION BY COMMISSIONER LONDON TO INCLUDE IN THE PROTOCOL MANUAL THAT IF AN ATTORNEY IS HIRED, THE PREVAILING SIDE SHALL BE AWARDED REASONABLE ATTORNEY FEES AND COSTS. The motion failed due to a lack of a second.
MOTION BY COMMISSIONER LONDON TO TABLE THE ITEM UNTIL A 7:00 PM MEETING SO ATTORNEY ROGOW WILL NOT BE COURT AND WE CAN HAVE ATTORNEY ROGOW FOR AN UNLIMITED AMOUNT OF TIME. The motion failed due to a lack of a second.
Mayor Cooper noted that this is First Reading of the Ordinance and it will come back before the City Commission for Second Reading.
Mayor Cooper noted that each Commissioner was afforded the opportunity and has met with Attorney Rogow and that each Commissioner has the opportunity to communicate with Attorney Rogow as billable hours. She encouraged communication between Attorney Rogow and City Attorney Jove to vet any further discussions but not to preclude any Commissioner from contacting Attorney Rogow directly.
City Manager Good recommended continuing with the item and asked the City Commission to provide direction on any further revisions to the Protocol Manual. He noted staff will provide this information to Attorney Rogow. He noted that the document was reviewed by the City Manager and City Attorney and they are prepared to answer the City Commission’s questions.
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO ADOPT ON FIRST READING An Ordinance of the City of Hallandale Beach, Florida, Adopting the Protocol Manual; Providing for Severability; Providing for an Effective Date; TO INCLUDE THE REVISIONS DIRECTED BY THE cOMMISSION, AND SET SECOND READING FOR WHEN READY. The motion carried on a roll call vote as follows:
AYES:Commissioners Ross and Sanders, Vice Mayor Julian and Mayor Cooper
NAYS:Commissioner London
MOTION by commissioner london, seconded by commissioner sanders THAT THE WORDS “DOLLAR AMOUNT” BE INCLUDED IN the DISCLOSURE REGARDING “City partnership in community events including financial or in-kind contributions are to be discussed at the Planning and Scheduling portion of the agenda.The motion failed on a 2/3 voice vote. (Commissioner Ross, Vice Mayor Julian and Mayor Cooper voted no).
MOTION by commissioner london THAT THE WORDS “DOLLAR AMOUNT” BE INCLUDED IN THE “…Attendance at meetings/events/activities/seminars “Events” by Commission Members where the Member is representing the City must be disclosed at the Planning and Scheduling meeting preceding the Events which the Commissioner plans to attend, to earmark the appropriate budgetary expenditure for such attendance. The motion failed due to a lack of a second.
Mayor Cooper recessed the City Commission meeting at 12:55 PM.
Mayor Cooper reconvened the City Commission meeting at 2:06 PM.
MOTION BY COMMISSIONER ROSS, SECONDED BY VICE MAYOR JULIAN TO STRIKE ITEM J PRESENTATION OF POST-AGENDA SUMMARY REPORT FROM THE PROTOCOL MANUAL.The motion carried on a 5/0 voice vote.
The City Commission discussed Commissioner Requests.
MOTION BY COMMISSIONER LONDON, THAT THE CITY MANAGER PROVIDE A WRITTEN REPORT WHENEVER HE USES HIS SPENDING AUTHORITY AS STATED IN ORDINANCE 2006-019 AT THE NEXT CITY COMMISSION MEETING. The motion failed due to a lack of a second.
MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER ROSS, TO PUT ALL REGISTERED LOBBYISTS ON THE CITY’S WEBSITE. The motion carried on a 5/0 voice vote.
City Manager Good advised that the City’s website is being upgraded and that the inclusion of the registered lobbyists on the website will be included.
MOTION BY COMMISSIONER LONDON, FOR MONTHLY OR BIMONTHLY WORKSHOPS FOR INFORMATIONAL PURPOSES, WHERE NO RESOLUTIONS, ORDINANCES OR MOTIONS WILL BE CONSIDERED. The motion failed due to a lack of a second.
MOTION BY COMMISSIONER LONDON TO PUT ALL REQUESTS FOR PROPOSALS ON THE WEBSITE. The motion failed due to a lack of a second.
MOTION BY COMMISSIONER LONDON, FOR RESIDENTS TO HAVE THE OPPORTUNITY TO SIT IN ON ANY PRESENTATIONS. The motion failed due to a lack of a second.
City Manager Good advised the meetings are open to the Public and properly noticed; therefore, the residents have this opportunity already.
MOTION BY COMMISSIONER LONDON, SECONDED BY VICE MAYOR JULIAN, TO INCLUDE THE FOLLOWING LANGUAGE “individual Commissioners may make investigations and inquiries or obtain answers to questions from staff provided work is not interrupted. The response to the question shall be readily available to staff and the timeframe for verbally responding to the Commissioner shall not exceed ten (10) minutes” AND STRIKE “written inquiries to Department Heads, with a copy to the City Manager. Department Heads shall respond in writing with the prior approval of the City Manager”. The motion carried on a 5/0 voice vote.
Commissioner London discussed Item 6.F., Meeting Minutes.
MOTION BY COMMISSIONER LONDON, TO CHANGE BACK TO SUMMARY MINUTES WHICH BETTER REFLECT THE DIALOGUE AND THE DEBATE AS TO THE DISCUSSION. The motion failed due to a lack of a second.
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO DIRECT THE CITY MANAGER TO BRING BACK LANGUAGE FOR SECOND READING TO LIMIT THE NUMBER OF TIMES A MEMBER OF THE CITY COMMISSION MAKE MOTIONS THAT HAVE NOT BEEN SECONDED FOR A SIX MONTH PERIOD.The motion carried on a 5/0 voice vote.
Commissioner London discussed Item 6.L., Use of Communication Devices During Commission Meetings.
MOTION BY COMMISSIONER LONDON, TO ALLOW INTERNET ACCESS FOR ISSUES THAT ARE ITEMS BEING DISCUSSED AND DEBATED AT THAT TIME. The motion failed due to a lack of a second.
Commissioner London discussed Item 7.B., Calling Meetings to Discuss Collective Bargaining.
MOTION BY COMMISSIONER LONDON THAT LABOR MEETINGS BETWEEN THE CITY MANAGER AND CITY COMMISSION BE POSTED. The motion failed due to a lack of a second.
Mayor Cooper noted that Collective Bargaining Meetings between the City Manager and City Commission are closed door sessions and are not open to the Public. City Attorney Jove confirmed Mayor Cooper’s comments and advised that there is no legal requirement to post these meetings. City Manager Good noted that the State Statue was established not requiring posting of these meetings to prevent lobbying of the City Commission by the Collective Bargaining Units.
Commissioner London discussed Item 8.D., Consultants Reports, and recommended that the City Manager also be required to provide reports or PowerPoint presentations before the meeting to the City Commission.
MOTION BY COMMISSIONER LONDON, THAT THE CITY MANAGER WOULD BE DOING THE SAME THING AS CONSULTANT REPORTS AND PROVIDE US WITH A COPY OF THE POWERPOINT PRIOR TO A PRESENTATION. The motion failed due to a lack of a second.
Mayor Cooper noted she would support the motion if the presentation is ready and available. She noted that she wants the language to be flexible.
Commissioner London suggested adding Draft. Mayor Cooper noted her concern about providing draft copies in case of incorrect information.
MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER SANDERS TO DIRECT THE CITY MANAGER TO ADD LANGUAGE TO ADDRESS THE CITY MANAGER PROVIDING POWERPOINT PRESENTATIONS TO THE CITY COMMISSION AND TO BRING BACK FOR CONSIDERATION AT SECOND READING.The motion carried on a 5/0 voice vote.
Commissioner London discussed Item 10.A., Relationship of Commissioners and Members of Boards and Committees. He asked if the Safe Neighborhood Advisory Councils are considered a Board or Committee. City Attorney Jove advised yes.
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER LONDON, THAT THE ACTION MINUTES OF ANY ADVISORY BOARD, INCLUDING ADVISORY BOARDS OF SAFE NEIGHBORHOOD DISTRICTS, BE SUPPLIED TO THE CITY COMMISSION AS PART OF MONTHLY REPORTS, 5/0.
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS, THAT THE CITY COMMISSION CAN NOT LOBBY OR COMMUNICATE WITH ANY MEMBER OR MEMBERS OF THE PLANNING AND ZONING ADVISORY BOARD REGARDING ITEMS THAT ARE COMING BEFORE THE BOARD FOR ACTION OR COULD COME BEFORE THAT BOARD FOR ACTION EITHER VERBALLY OR WRITTEN. The motion carried on a 4/1 voice vote. (Commissioner London voted no).
Mayor Cooper recessed the City Commission Meeting at 1:02 PM to move to the Planning and Scheduling Session.
Mayor Cooper reconvened the City Commission Meeting at 2:12 PM, after the Planning and Scheduling Session.
Commissioner Sanders discussed violation of the Protocol Manual and noted that he supported having both censure and fines. Mayor Cooper spoke in support of enacting some type of fine system for violation of the Protocol Manual.
City Manager Good advised that Section 1-8 of the City Code of Ordinances, specifically the City Charter provides for penalty for violations of the City Code or Ordinance, and advised that the penalty is a fine of up to $500 or imprisonment for a term not to exceed 60 days or both.
Mayor Cooper asked for language to be incorporated into this document affirming the ability to utilize Section 1-8 of the City Code to fine those in violation of the Protocol Manual.
Commissioner Sanders discussed Item 6.I., Community Meetings Regarding Proposed Major Developments, and recommended a minimum number of meetings be added to the language within this section.
City Manager Good advised the administrative policy defines the procedures and a copy will be provided for comments and suggestions, but additional language would not be appropriate in the Protocol Manual.
Commissioner London recommended including the City Commission in the requirements to hold community meetings when they are the applicant.
Mayor Cooper suggested that major land use change should be included in the policy.
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SANDERS, TO DIRECT THE CITY MANAGER TO EVALUATE, to ensure consistencY with State Statutes and City Ordinances, AND TO DRAFT LANGUAGE REGARDING COMMUNITY MEETINGS TO INCLUDE MINIMUM MAJOR LAND USE AMENDMENTS COMMUNITY MEETINGS PRIOR TO SECOND READING OF AN ORDINANCE RELATED TO MAJOR DEVELOPMENT OR MAJOR LAND USE AMENDMENTS, REQUIRING A SECOND COMMUNITY MEETING FOR MAJOR DEVELOPMENT AND MAJOR LAND USE, TO INCLUDE THE CITY IN THESE REQUIREMENTS AND TO BRING BACK FOR CONSIDERATION AT SECOND READING AND SHOULD AN EXISTING ORDINANCE NEED TO BE AMENDED BRING IT BACK FOR CITY COMMISSION CONSIDERATION. The motion carried on a 5/0 voice vote.
City Manager Good clarified the City is the applicant, therefore, the is no need to include the City.
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SANDERS, TO AMEND THE ORIGINAL MOTION TO REMOVE THE CITY AND TO CHANGE DEVELOPER TO APPLICANT. The motion carried on a 5/0 voice vote.
Mayor Cooper opened the Public Hearing.
Csaba Kulin, 600 NE 14th Ave., Apt. 22, spoke in support of the Ethics and Protocol Manual.
Seeing no other speakers, Mayor Cooper closed the Public Hearing.
MOTION BY COMMISSIONER ROSS, SECONDED BY VICE MAYOR JULIAN, TO APPROVE ON FIRST READING, WITH AMENDMENTS AS DISCUSSED, An Ordinance of the City of Hallandale Beach, Florida, Adopting the Protocol Manual; Providing for Severability; Providing for an Effective Date AND TO BRING BACK FOR SECOND READING WHEN READY.The motion carried on a roll call vote as follows: