MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, MAY 19, 2010AT 1:30 P.M., CITY COMMISSION CHAMBERS 400 S. FEDERAL HIGHWAY HALLANDALE BEACH, FL 33009

  1. CALL TO ORDER

Mayor Cooper called the meeting to order at 2:07 PM.

  1. ROLL CALL

Commissioners London, Ross and Sanders, Vice Mayor Julian, Mayor Cooper, Deputy City Manager Rafols and City Attorney Jove – All Present.

NOTE:CITY MANAGER GOOD WAS ABSENT.

  1. PLEDGE OF ALLEGIANCE
  1. PRESENTATIONS AND REPORTS
  1. Student Citizen of the Month

This item was rescheduled to the June 2, 2010 City Commission Meeting.

  1. Recognition of Hallandale Beach Veterans for their Service in the Armed Forces

Mayor Cooper recognized the veterans in attendance at the City Commission Meeting.

  1. Proclamation Proclaiming National Safe Boating Week

Proclamation was presented to Chief Tom Magill, Police Department, Captain Sonia Quiñones, Police Department, Jerry Natelson, Chair, Marine Advisory Committee and Jackie Pentecost, Member, Marine Advisory Committee.

  1. Proclamation Proclaiming National Emergency Medical Services (EMS) Week

Proclamation was presented to Chief Danny Sullivan, Fire Department, Alex Baird, EMS Division Chief, and Tim Wiley, Battalion Chief.

  1. Parks and Recreation Summary Report

Rebecca Munden-Correa, Director, Parks and Recreation Department, presented the report.

  1. Census 2010 Summary Report BP #008/09

Brenda Leguisamo, Census Coordinator, presented the report.

  1. PUBLIC PARTICIPATION (to be heard at 2:00 P.M.)

Henry Kuranowitz, 1450 Atlantic Shores Blvd., spoke about the parking spaces at the RK Plaza where Publix is located and noted that his vehicle was damaged because the spaces are too small.

Dylawx Gooden, 651 Foster Rd., Tropical Spice Café, spoke about the need for speed bumps along Foster Road, especially next to Foster Park, for the safety of the children in the area.

  1. CONSENT AGENDA
  1. Approval of Draft Minutes - Regular Meeting of February 17, 2010 and Special Joint Meeting City Commission & Ad Hoc Parking Committee of January 28, 2010

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SANDERS, TO APPROVE THE CONSENT AGENDA.The motion carried on a 4/1 voice vote. (Commissioner London voted no).

  1. CITY BUSINESS
  1. Presentation by Principal Financial Group of the Annual Actuarial Valuation Report and the Quarterly Results of the General Employees and Professional/Management Pension Plans for the Quarter ending March 31, 2010. (Staff: Assistant City Manager)(see backup)

Mark Antonio, Assistant City Manager, provided background information on the item.

Don Hubbring and Steve Geadelmann, Principal Financial Group made the presentation.

Commissioner London left the dais at 3:52 PM.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS, TO DIRECT THE CITY MANAGER TO EVALUATE A STOP/LOSS INVESTMENT STRATEGY FOR THE CITY’S PENSION PLANS. (The motion carried on a 5/0 voice vote. (Commissioner London was absent).

Commissioner London returned to the dais at 4:11 PM.

  1. Presentation by PFM Asset Management, LLC for the Investment Results for Surplus Funds for the Period January 1, 2010 through March 31, 2010. (Staff: Director, Finance)(See Backup)

David Alexander, PFM Asset Management, LLC, provided a report on the Investment Results for Surplus Funds for the Period January 1, 2010 through March 31, 2010.

  1. Consideration of the City Commission Summer Meeting Schedule and Schedule for Adoption of Truth In Millage (TRIM) Rate and Other Budgetary Hearings (City Manager)(see Backup)

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS, TO APPROVE THE CITY COMMISSION SUMMER MEETING SCHEDULE AND SCHEDULE FOR ADOPTION OF TRUTH IN MILLAGE (TRIM) RATE AND OTHER BUDGETARY HEARINGS AS DISCUSSED. The motion carried on a 4/1 voice vote. (Commissioner London voted no).

  1. A Resolution of the City of Hallandale Beach, Florida, Approving Submission of a Grant Application for the 2013-2014 Broward Highway Beautification Grant and Authorizing the City Manager to Enter into a Maintenance Memorandum of Agreement (MMOA) in Perpetuity with the Florida Department of Transportation (FDOT) once Grant is Awarded (Staff: Director of Public Works)(See Backup)

Deputy City Manager Rafols provided background information on the item. She noted that the City has been advised that uplighting will not be permitted as part of the grant agreement and that the grant is being reduced from $100,000 with $100,000 matching funds from the City to $50,000 grant with a $50,000 match from the City.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SANDERS, TO ADOPT A Resolution of the City of Hallandale Beach, Florida, Approving Submission of a Grant Application for the 2013-2014 Broward Highway Beautification Grant and Authorizing the City Manager to Enter into a Maintenance Memorandum of Agreement (MMOA) in Perpetuity with the Florida Department of Transportation (FDOT) once 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 roll call vote as follows:

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

NAYS:Commissioner London

  1. A Resolution of the City of Hallandale Beach, Florida, Supporting the U.S. Conference of Mayors Directing the Environmental Protection Agency to Conduct an Analysis of Every Regulation Proposed under the Authority of an Expanded Clean Water Act to Determine the Cost of every Regulation before it is Promulgated, and to Confer with State and Local Governments to Review such Analysis before Promulgation, and Secure Congressional Appropriations to be Disbursed Directly to State and Local Government to Pay for the Costs Imposed by any Regulation thereof Before such Regulations are to be in Effect. (Mayor Joy F. Cooper) CAD #008/10

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

Commissioner London spoke in opposition to the Resolution.

Motion by vice mayor Julian, seconded by commissioner ross, to approve A Resolution of the City of Hallandale Beach, Florida, Supporting the U.S. Conference of Mayors Directing the Environmental Protection Agency to Conduct an Analysis of Every Regulation Proposed under the Authority of an Expanded Clean Water Act to Determine the Cost of every Regulation before it is Promulgated, and to Confer with State and Local Governments to Review such Analysis before Promulgation, and Secure Congressional Appropriations to be Disbursed Directly to State and Local Government to Pay for the Costs Imposed by any Regulation thereof Before such Regulations are to be in Effect. The motion carried on a roll call vote as follows:

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

NAYS:Commissioner London

  1. Discussion of Establishing an Ad Hoc Cemetery Committee (Commissioner Anthony Sanders)

Commissioner Sanders provided background information on the item and requested the City Commission support the creation of an Ad Hoc Cemetery Committee.

Motion by commissioner ross, seconded by vice mayor julian, to approve the establishment of an Ad Hoc Cemetery Committee; and to Direct the City Manager to bring back a Resolution, as a supplemental Agenda item, at the next City Commission Meeting on June 2, 2010. The motion carried on a 5/0 voice vote.

  1. Presentation by the Historical Preservation Advisory Board (Presented by Eddie Pickett, Chair)(See Backup)

Eddie Pickett, Chair, made the presentation.

  1. Presentation by the Civil Service Advisory Board (Presented by Al Cunningham, Chair)(See Backup)

Salvatore Broccone, Vice Chair, presented the report.

MOTION BY COMMISSIONER LONDON TO PLACE THE CIVIL SERVICE BOARD MEETING MINUTES ON THE CITY’S WEBSITE.The motion failed due to a lack of a second.

  1. Presentation by the Beautification Advisory Board (Presented by Phyllis Broccone, Chair)(See Backup)

Phyllis Broccone, Chair, presented the report.

  1. Presentation by the Parks & Recreation Advisory Board (Presented by Barbara Southwick, Chair)(See Backup)

Barbara Southwick, Chair, presented the report.

  1. COMMISSIONER REPORTS

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

Mayor Cooper recessed the meeting at 5:41 PM.

  1. OTHER

Mark Antonio, Interim City Manager, provided an update to the City Commission regarding the Police Union Negotiations.

The City Commission reached a consensus to hold the Impasse Hearing regarding the Police Union Contract on July 8, 2010 at 5:00 PM in the City Commission Chambers.

City Attorney Jove advised that the City Commission is now under a Cone of Silence and that they cannot have any discussion regarding the Police Union Contract, Negotiations, or Impasse.

The City Commission further reached consensus that the City and the Police Union would be provided one (1) hour to make their presentation and 30 minutes each for rebuttal. Additionally, if mutually agreed upon by both parties, the City and the Police Union, public participation may be limited to 2 minutes per speaker.

  1. PUBLIC PARTICIPATION (to be heard at 7:00 P.M.)

Mayor Cooper reconvened the meeting at 7:10 PM.

Etty Simms, 1000 NE 5th Street, spoke about flooding in the North East section of the City.

Sonny Rosenberg, 466 Holiday Drive, spoke in support of City Manager Mike Good.

  1. CONSENT AGENDA
  1. Summary of City Commission Action Taken During Afternoon Portion of Meeting

City Clerk Buschman provided a summary of City Commission Action taken during the afternoon portion of the meeting.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS, TO RECONSIDER THE CITY Commission Summer Meeting Schedule and Schedule for Adoption of Truth In Millage (TRIM) Rate and Other Budgetary Hearings.The motion carried on a 5/0 voice vote.

Mayor Cooper recommended holding the Budget Workshops on July 28th and 29th from 4:00 PM to 8:00 PM to accommodate the residents.

Vice Mayor Julian made a motion to amend the motion setting the City Commission Summer Meeting schedule and schedule for adoption of the Truth in Millage (TRIM) Rate and other Budgetary Hearing as follows: Budget Workshops will be held on July 28th and July 29th, 2010 from 4:00 PM to 8:00 PM. Commissioner Ross seconded the motion.

Commissioner London recommended that the Budget Workshops be held in June.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS, TO CALL THE QUESTION, The motion carried on a 4/1 voice vote. (Commissioner London voted no).

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS, TO AMEND THE CITY COMMISSION SUMMER MEETING schedule and schedule for adoption of Truth in Millage (TRIM) Rate and other Budgetary Hearing as follows: Budget Workshop will be held on July 28th and July 29th, 2010 from 4:00 PM to 8:00 PM. The motion carried on a 4/1 voice vote. (Commissioner London voted no).

  1. PUBLIC HEARINGS (to be heard at 7:30 P.M.)
  1. An Ordinance of the City Of Hallandale Beach, Florida, Amending the City of Hallandale Beach Code of Ordinances, “The Zoning and Land Development Code” to Prohibit On-Site Dispensing of Controlled Substances By Pain Management Clinics, to the Extent Permitted by Law; Providing for Amortization of Existing Pain Management Clinics Which Provide On-Site Dispensing of Controlled Substances; Providing Definitions; Providing for a Zoning Relief Procedure; Providing for Repeal of Moratorium; Providing for Conflicts; Providing for Severability; Further, Providing for an Effective Date. This Ordinance is a Result of Application #09-10-TC (First Reading)(Staff: Development Services Director) (See Backup) CAD #002/10

The Planning and Zoning Board Recommended Approval of this Item with a Majority Vote of 7/0 on April 28, 2010.

Deputy City Manager Rafols provided background information on the item.

City Attorney Jove provided an overview of the legislation adopted by the State of Florida during the last legislative session.

Richard Cannone, Director, Development Services Department, provided a technical overview of the provisions included within the proposed Ordinance.

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, Amending the City of Hallandale Beach Code of Ordinances, “The Zoning and Land Development Code” to Prohibit On-Site Dispensing of Controlled Substances By Pain Management Clinics, to the Extent Permitted by Law; Providing for Amortization of Existing Pain Management Clinics Which Provide On-Site Dispensing of Controlled Substances; Providing Definitions; Providing for a Zoning Relief Procedure; Providing for Repeal of Moratorium; Providing for Conflicts; Providing for Severability; Further, Providing for an Effective Date AND TO SET SECOND READING FOR JUNE 2, 2010. The motion carried on a roll call vote as follows:

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

NAYS:None

  1. An Ordinance of the City of Hallandale Beach, Florida, Amending the City of Hallandale Beach, Florida Code of Ordinances, “The Zoning and Land Development Code” to Provide for Regulation of Massage Services Establishments Consistent with Florida Law; Providing for Amortization of Nonconforming Massage Establishments; Providing for Repeal of Moratorium; Providing for Severability, Conflicts, and Providing for an Effective Date. This Ordinance is a result of Application # 11-10-TC (First Reading) (Staff: Development Services Director) (See Backup) CAD #005/10

The Planning and Zoning Board Recommended Approval of this Item with a Majority Vote of 7/0 on April 28, 2010.

Deputy City Manager Rafols provided background information on the item.

Richard Cannone, Director, Development Services Department, provided a technical overview of the provisions included within the proposed Ordinance.

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

MOTION BY COMMISSIONER ROSS, SECONDED BY VICE MAYOR JULIAN TO APPROVE ON FIRST READING An Ordinance of the City of Hallandale Beach, Florida, Amending the City of Hallandale Beach, Florida Code of Ordinances, “The Zoning and Land Development Code” to Provide for Regulation of Massage Services Establishments Consistent with Florida Law; Providing for Amortization of Nonconforming Massage Establishments; Providing for Repeal of Moratorium; Providing for Severability, Conflicts, and Providing for an Effective Date AND TO SET SECOND READING FOR JUNE 2, 2010.The motion carried on a 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 ("CITY"), Florida to Take the First Step to Remove and to Terminate the Employment of City Manager D. Mike Good; to Provide Mr. Good with the Opportunity to Request a Public Hearing; and to Suspend Mr. Good with Pay for a Period not to Exceed Forty-Five (45) Days Pending Further Commission Action (City Attorney)(see backup)

Mayor Cooper provided background information on the item.

City Attorney Jove read an e-mail into the record sent from City Manager Good.

City Attorney Jove provided an overview of the procedures to terminate or enter into a voluntary severance with City Manager Good.

Vice Mayor Julian made a motion to approve a Resolution of the City of Hallandale Beach ("CITY"), Florida to Take the First Step to Remove and to Terminate the Employment of City Manager D. Mike Good; to Provide Mr. Good with the Opportunity to Request a Public Hearing; and to Suspend Mr. Good with Pay for a Period not to Exceed Forty-Five (45) Days Pending Further Commission Action, Commissioner Sanders seconded the motion.

Mayor Cooper opened the Public Hearing.

Judith Selz, 717 Layne Blvd., spoke about the termination of City Manager Good and asked questions about his employment contract.

Ray Harahan, 500 NE 14th Avenue, Apt. 202, spoke in support of City Manager Good and noted that future contracts for the City Manager position should be scrutinized.

Anna Wells, 1004 SW 7th Terrace, spoke in support of the service of City Manager Mike Good.

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

motion by vice mayor julian, seconded by commissioner sanders, to approve a Resolution of the City of Hallandale Beach ("CITY"), Florida to Take the First Step to Remove and to Terminate the Employment of City Manager D. Mike Good; to Provide Mr. Good with the Opportunity to Request a Public Hearing; and to Suspend Mr. Good with Pay for a Period not to Exceed Forty-Five (45) Days Pending Further Commission Action. The motion carried on a roll call vote as follows:

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

NAYS:Commissioner Ross

Mayor Cooper recessed the meeting at 9:42 PM.

Mayor Cooper reconvened the meeting at 9:46 PM.

The City Commission discussed the voluntary severance agreement prepared for D. Mike Good’s consideration.

Commissioner London made a motion to require that the City Commission call a meeting to discuss and agree by majority vote of the City Commission the voluntary severance agreement being offered to D. Mike Good and for the votes of each City Commissioner to appear on the signature page of the agreement.

After further discussion Commissioner London withdrew the motion.

MOTION BY COMMISSIONER LONDON, SECONDED BY VICE MAYOR JULIAN, TO INCLUDE ON THE SIGNATURE PAGE OF THE SEVERANCE AGREEMENT, IF ADOPTED, THE VOTE OF EACH CITY COMMISSIONER.The motion carried on a 5/0 voice vote.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SANDERS, TO AMEND THE DRAFT SEVERANCE AGREEMENT TO PROVIDE FOR FIVE (5) MONTHS OF SEVERANCE PAY TO D. MIKE GOOD.The motion carried on a 3/2 voice vote. (Commissioners Ross and London voted no).

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SANDERS, TO AMEND THE DRAFT SEVERANCE AGREEMENT RELATED TO THE HEALTH INSURANCE COVERAGE PROVISION TO INCLUDE THE FOLLOWING: THAT THE SPOUSE THAT WILL BE COVERED IS CHARITY GOOD AND ONLY CHARITY GOOD AND THAT IN THE EVENT OF D. MIKE GOOD’S DIVORCE FROM CHARITY GOOD, HIS NEW SPOUSE IS NOT ELIGIBLE FOR THIS HEALTH INSURANCE BENEFIT, AND IN THE EVENT THAT HE FINDS NEW EMPLOYMENT THAT OFFERS HEALTH INSURANCE AND THE HEALTH INSURANCE IS AVAILABLE TO D. MIKE GOOD THAT D. MIKE GOOD WOULD BE REQUIRED TO ENROLL IN THAT HEALTH INSURANCE PLAN AND THAT THIS OBLIGATION TO FUND HEALTH INSURANCE FOR D. MIKE GOOD, CHARITY GOOD, IF NOT DIVORCED, AND ANY ELIGIBLE CHILDREN WILL NO LONGER BE AVAILABLE.The motion carried on a 3/2 voice vote. (Commissioners Ross and London voted no).