MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, OCTOBER 17, 2012 AT 6:00 P.M., CITY COMMISSION CHAMBERS, 400 SOUTH FEDERAL HIGHWAY, HALLANDALE BEACH, FL 33009
1. CALL TO ORDER
Mayor Cooper called the Meeting to order at 6:03 P.M.
2. ROLL CALL
Commissioners Lewy and London, Vice Mayor Sanders and Mayor Cooper, City Manager Crichton and City Attorney Whitfield - All Present.
Commissioner Ross was absent from the meeting due to illness.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC PARTICIPATION - Items not on the Agenda (To be heard at 6:15 P.M.)
Thomas Sands, 630 NW 9th Court, Hallandale Beach, introduced his brother William H. Sands, II, a Hallandale Beach native, and proclaimed him a “home-grown hero” and an expert from the Kennedy Space Shuttle Program.
Mr. William H. Sands, 630 NW 9th Court, Hallandale Beach, spoke on the importance of encouraging students to excel in the subject areas of Mathematics and Science.
Michelle Lazarow, 2621 NE 10th Street, Hallandale Beach, thanked the Village at Gulfstream Park, City Commission, animal advocates, and other non-profit organizations for not hosting the Circus event which was - planned for October 6 & 7, 2012. She further questioned the process for application for Special Use Permits and why the City Commission was not aware of this application.
City Manager Crichton and Mayor Cooper explained the Special Use Permits application process.
Kelly Connor, 201 East Riverbend Dr., Sunrise, expressed her concerns regarding animal rights. She further requested that the City Commission ban this type of Circus in the City.
Don Anthony, 1431 N. Federal Highway, commended the City for rejecting the application by Cole Brothers to host the Circus within the City of Hallandale Beach, and informed the Commission the same Circus was banned in the City of Margate.
Commissioner London thanked the speakers, and requested the staff to work with the City Attorney’s Office to research the feasibility of adopting an ordinance banning these types of events within the City of Hallandale Beach.
Joe Gibbons, District 105 State Representative, Florida House of Representatives, spoke regarding recent redistricting within the City. He stated he now only represents half of the City. Representative Gibbons requested the City Commission to schedule its Legislative Luncheon for an earlier date in 2013 in order to be more effective. Additionally, he stated he is working with the Hallandale Beach Police Department to setup a training session for Police Departments across Broward County on how to detect Condominium Association fraud.
Commissioner London requested Representative Gibbons advocate the termination of the State’s current Term Limits for elected officials.
Commissioner Lewy thanked Representative Gibbons for attending the City Commission meeting and stated that he looks forward to working with him in the ensuing year.
Mayor Cooper stated the City has vested interest in issues such as salt-water intrusion, drainage of storm water, and treatment of wastewater, and that staff will be working with Representative Gibbons to appropriate funds for the City.
5. PRESENTATIONS
A. PROCLAMATION PROCLAIMING OCTOBER 18, 2012 AS AZERBAIJAN'S INDEPENDENCE DAY (STAFF: CITY CLERK) (SEE BACKUP)
Mayor Cooper read the Proclamation and the City Commission presented the Proclamation to Tohfa Eminova, President, Azerbaijan-American Cultural Association of Florida, and to Furat Ornali, Vice President, Azerbaijan-American Cultural Association of Florida.
Ms. Eminova, expressed gratitude to the City Commission for the Proclamation.
B. PRESENTATION OF THE CITY'S NEW LIFEGUARDS (STAFF: FIRE CHIEF AND DIRECTOR OF PARKS AND RECREATION)
Daniel P. Sullivan, Fire Chief, introduced the item and turned the presentation over to staff. Jeff Ryan, Life Safety Division Chief, introduced the new Hallandale Beach Lifeguards.
Bob Williams, Assistant Director of Parks and Recreation, introduced the Aquatic Lifeguard Supervisor, Eddie Garcia. Mr. Garcia introduced his new staff of Municipal Pool Lifeguards.
City Manager Crichton thanked the Fire, Parks and Recreation, Human Resources, and Procurement Departments for moving swiftly to hire new Lifeguard Division staff.
Mayor Cooper welcomed the new lifeguards.
Commissioner London asked when new lifeguard stations would be purchased.
City Manager Crichton stated that this is not in the budget at this time; however, staff is negotiating with the developer for the Beachwalk project, the purchase for as many stations as possible. She added that the estimated cost of each lifeguard station is approximately $40,000.00.
Mayor Cooper stated the City will make sure the lifeguard stations are provided in a timely manner.
MOTION BY COMMISSIONER LEWY, SECONDED BY COMMISSIONER LONDON, TO APPROVE THE SUPPLEMENTAL AGENDA. The motion carried on a 5/0 Voice Vote.
6. COMMISSIONER COMMUNICATIONS - Items not on the Agenda
A. COMMISSIONER LEWY
Commissioner Lewy thanked the Public Participants for expressing their concerns regarding the Cole Brothers Circus. He further requested the City Manager and City Attorney research an Ordinance to ban circuses and the use of painful techniques against animals within the City.
Commissioner Lewy noted the importance of recognizing Commissioner Ross in honor of her retirement and for her years of service to the City, as well as recognizing Commissioner London for his years of service at an upcoming City Commission meeting in November.
City Manager Crichton advised that these plans are already in progress.
B. COMMISSIONER LONDON
Commissioner London thanked the City Manager for the Agenda follow-ups.
MOTION BY COMMISSIONER LONDON TO REMOVE ALL RED LIGHT TRAFFIC CAMERAS THROUGHOUT THE CITY.
The Motion failed to due to lack of a Second.
MOTION BY COMMISSIONER LONDON, SECONDED BY MAYOR COOPER, TO REMOVE COMMISSIONERS FROM THE DEFINED CONTRIBUTION BENEFIT 401K PLAN. The Motion failed on a 2/2 Voice Vote (Commissioner Lewy and Vice Mayor Sanders voted No).
C. COMMISSIONER ROSS
Commissioner Ross was absent from the Meeting.
D. VICE MAYOR SANDERS
Vice Mayor Sanders had no Communications.
E. MAYOR COOPER
Mayor Cooper spoke on the Cole Brothers Circus coming to the Village at Gulfstream Park, and thanked staff for their proactive approach.
City Manager Crichton explained that due to the background of this particular circus, the Village at Gulfstream Park advised that they would pull the contract and cancel the event.
Mayor Cooper expressed concerns regarding maintenance of the City’s vacant lots.
City Manager Crichton stated that currently staff is maintaining these lots: however, staff is researching issuance of a request for Proposals (RFP) or Bid for Lot Clearing and Board-Up Services to allow the hiring of local businesses to maintain these properties.
Mayor Cooper expressed the need for a Lot Clearing RFP or Bid to include language providing preference to local businesses.
Mayor Cooper clarified that it was the City Manager who hired an Internal Auditor to audit the purchasing procedures followed for the purchase of the property located at 416 NE 8th Avenue, Hallandale Beach, and not the City Commission.
Answering a question posed by Mayor Cooper, City Attorney Whitfield stated that Florida Statute, Chapter 100, restricts the use of public funds to lobby for ballot issues. She further noted there is no restriction for using the title of Commissioner to investigate campaign or election issues.
Mayor Cooper requested a status update on repainting the Intracoastal Bridge.
City Manager Crichton stated the estimated cost to repaint the entire bridge is $200,000.00 and $30,000.00 to repaint the portion of the bridge that is in the undesired color.
MOTION BY MAYOR COOPER, SECONDED BY VICE MAYOR SANDERS, TO EXPEND $30,000.00 FROM THE TRANSPORTATION FUND TO REPAINT THE UNDESIRED COLOR OF THE INTRACOLASTAL BRIDGE AND TO BLEND IT WITH THE ACTUAL BASE COLOR. The Motion failed on a Voice vote of 2/2 (Commissioners Lewy and London voted No.)
Commissioner London spoke in opposition of expensing funds for repainting of the bridge at this time.
7. CITY ATTORNEY COMMUNICATIONS - Items not on the Agenda
City Attorney Whitfield stated that pursuant to Commission Directive, the City settled a lawsuit against the City filed by plaintiff Johane Lafreniere, Case No. 10-43831 (08), regarding a slip and fall incident on a City sidewalk.
City Attorney Whitfield briefed the City Commission on the Quarterly Litigation Report and other activities by the City Attorney’s Office.
City Attorney Whitfield an Executive Session to discuss matters regarding the Old City Hall Property located at 308 S. Dixie Highway, Hallandale Beach, Florida 33009.
Consensus:
- To direct staff to schedule an Executive Session to discuss the Manhattan Realty v. City of Hallandale Beach Litigation for Wednesday, October 24, 2012 at 5:00 PM and to publicly Notice the Meeting.
8. CITY MANAGER COMMUNICATIONS - Items not on the Agenda
City Manager Crichton had no Communications.
9. APPROVAL OF MINUTES
A. SEPTEMBER 12, 2012 SPECIAL CITY COMMISSION MEETING
B. OCTOBER 3, 2012 CITY COMMISSION MEETING
MOTION BY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TO APPROVE THE DRAFT MINUTES OF THE SEPTEMBER 12, 2012 SPECIAL CITY COMMISSION MEETING AND OCTOBER 3, 2012 REGULAR CITY COMMISSION MEETING. The Motion carried on a 3/1 Voice vote (Commissioner London voted No).
10. CONSENT AGENDA
MOTION BY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TO APPROVE THE CONSENT AGENDA. The Motion carried on a 3/1 Voice vote (Commissioner London voted No).
A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, RATIFYING THE CREATION AND ESTABLISHMENT OF THE CITY'S COMMUNITY PARTNERSHIP GRANTS COMMITTEE, COMMUNITTY POLICE ADVISORY COMMITTEE EDUCATION ADVISORY COMMITTEE, MARINE ADVISORY COMMITTEE AND THE PARKING COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. (STAFF: CITY CLERK) (SEE BACKUP)
B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE FIRE AND EMS MEDICAL SUPPLIES AND EQUIPMENT FROM BROWARD SHERIFF'S OFFICE (BSO) IN THE TOTAL AMOUNT OF $ 108,473.00; AND PROVIDING AN EFFECTIVE DATE. (STAFF: FIRE CHIEF) (SEE BACKUP)
C. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO AWARD BID #FY2011-2012-022, 37TH YEAR CDBG PUBLIC WORKS IMPROVEMENT BLOCK GRANT PROJECT, TO THE LOWEST RESPONSIBLE, RESPONSIVE BIDDER, SPEARHEAD DEVELOPMENT GROUP IN THE AMOUNT NOT-TO-EXCEED $215,074.70; AUTHORIZING THE ClTY MANAGER TO EXECUTE THE AGREEMENT WITH SPEARHEAD DEVELOPMENT GROUP; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS/UTILITIES & ENGINEERING) (SEE BACKUP) CAD#011/11
D. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE REAPPROPRIATION OF SIXTY THOUSAND ($60,000) DOLLARS FROM THE 2011-2012 FISCAL YEAR BUDGET TO THE 2012-2013 ADOPTED FISCAL YEAR BUDGET FOR A TOTAL OF ONE HUNDRED AND TEN THOUSAND ($110,000) DOLLARS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT FOR SUPPLEMENTAL BUILDING SERVICES PROVIDED BY BROWARD COUNTY IN SUBSTANTIALLY THE SAME FORM AS ATTACHED IN EXHIBIT "2"; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF DEVELOPMENT SERVICES) (SEE BACKUP) BP# 014/08 & BP# 017/12
11. RESOLUTIONS/CITY BUSINESS
A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, SUPPORTING THE ADOPTION OF A PLAN FOR COOPERATIVE COUNTYWIDE CONSOLIDATION OF E-911 COMMUNICATIONS AND DISPATCH WHOLLY FUNDED THROUGH COUNTY AD VALOREM TAXES; AND PROVIDING AN EFFECTIVE DATE. (STAFF: FIRE CHIEF) (SEE BACKUP)
Daniel Sullivan, Fire Chief, gave a presentation and answered questions posed by the City Commission.
Mayor Cooper spoke in support of the Item and encouraged the Commission to adopt the Resolution.
MOTION BY MAYOR COOPER, SECONDED BY COMMISSIONER LEWY, TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, SUPPORTING THE ADOPTION OF A PLAN FOR COOPERATIVE COUNTYWIDE CONSOLIDATION OF E-911 COMMUNICATIONS AND DISPATCH WHOLLY FUNDED THROUGH COUNTY AD VALOREM TAXES; AND PROVIDING AN EFFECTIVE DATE. The Motion carried on a 4/0 Roll Call vote as follows:
AYES: Commissioners Lewy and London, Vice Mayor Sanders and Mayor Cooper
NAYS: None
Answering questions posed by Commissioner Lewy, City Attorney Whitfield stated the Protocol Manual allows for Roll Call votes on a Resolution, at the pleasure of the Chair.
B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXPLORE THE ISSUANCE OF REVENUE BONDS IN THE AMOUNT OF TWELVE MILLION AND SEVEN HUNDRED THOUSAND ($12,700,000) DOLLARS TO FINANCE THE CAPITAL IMPROVEMENT PROJECTS INCLUDING THE ACQUISITION OF THE POST OFFICE PROPERTY LOCATED AT 500 SOUTH FEDERAL HIGHWAY FOR PARK LAND, AND THE CONSTRUCTION OF A NEW MAIN FIRE STATION; PROVIDING AN EFFECTIVE DATE. (STAFF: CITY MANAGER) (SEE BACKUP)
City Manager Crichton introduced the item and explained the item needed to be brought back to gain consensus on the transaction related to the purchase of the Hallandale Beach Post Office and building of the City’s new Fire Station.
Mayor Cooper stated she was in favor of undertaking a revenue bond to redevelop the fire station.
City Manager Crichton stated the purchase of the Post Office property is time sensitive as the anticipated closing date is February 2013. .
Mayor Cooper recommended the City conduct a stand-alone General Obligation Bond for the Park Land improvements. She further spoke in support of approving the resolution in order to move forward with the process.
Commissioner Lewy agreed with City Manager Crichton on the timeliness of the Post Office purchase is a one-time opportunity for the City. He stated however, he is not certain that construction of a new Fire Station is a budgetary priority at this time.
Commissioner Lewy requested staff to provide information and strategy regarding options to build the Fire Station, purchase the Post Office Facility and complete the Parks Master Plan, including the issuance of General Obligation Bonds, proposed referendum questions and education strategy.
City Manager Crichton suggested the Commission move forward with the Post Office purchase while the Commission decides how to handle Phases 2 and 3 of the parks improvement and fire station plans.
Mayor Cooper opened the floor to public comments.
Csaba Kulin, 600 NE 14th Avenue, Hallandale Beach, asked how many other bids were received on the Post Office and asked for clarification regarding the zoning and land use of the property, and if the offer to purchase the property was open to private developers.
Commissioner Lewy noted the City Commission is able to change the zoning requirements within the City.