MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, SEPTEMBER 19, 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 6:04 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.  PRESENTATIONS

A.  PRESENTATION BY DR. BRENDA SNIPES, SUPERVISOR OF ELECTIONS, BROWARD COUNTY - 2012 ELECTIONS UPDATE.

To be heard at 6:00 P.M.

Fred S. Bellis, Election OperationsCoordinator/Executive Assistant to Dr. Brenda Snipes, and Charles Vasquez, Information Technology Director, Broward County Supervisor of Elections Office (SOE), attended the meeting on behalf of Dr. Snipes, made a presentation and answered questions posed by the City Commission.

Commissioner London questioned why voters previously assigned to St. Mathews Catholic Church Precinct were relocated to the Gulfstream Middle School Precinct when there are locations in closer proximity to their residences. Additionally, he stated that voters previously assigned to the Meadowbrook Towers Precinct were reassigned to Olympus Condominiums Auditorium Precinct (Y006 & Y014), which requires voters to utilize paid Valet Parking. Furthermore, Commissioner London suggested the Supervisor of Elections look into a more convenient precinct location.

Mr. Bellis stated that he would research the concerns and provide the City Commission with follow-up information within the next two weeks.

At the request of Commissioner London, Mr. Bellis provided an overview of the requirements to become a Poll Watcher.

5.  PUBLIC PARTICIPATION - Items not on the Agenda (To be heard at 6:15 P.M.)

Bill Julian, 1102 NE 2nd Court, Hallandale Beach, Chair, Historic Preservation Board, spoke regarding the Foster Road Community Center and advised that the Historic Preservation Board recommends renaming the building to the ‘Melvin Wright Building’ in honor of the late Melvin Wright and designating one of the meeting rooms within the facility in memorial of the late John Hardwick, both long standing members of the community and volunteers on several City Advisory Boards and Committees.

Robert Selz, 717 Layne Blvd., Hallandale Beach, spoke in support of advancing green initiatives throughout the City to reduce Carbon Monoxide emissions and as a cost-saving measure. He encouraged the City Commission to consider alternative fuel options for City vehicles.

Etty Simms, 1000 NE 5th Street, Hallandale Beach, spoke concerning recent public safety incidents in her neighborhood. She further requested increased Police patrols of the area, primarily in marked vehicles.

Jerry Biller, 900 S. Federal Highway, Hallandale Beach, spoke concerning the need for the City to resolve concerns with the Franchise Agreement with Comcast for cable service as the service is unacceptable. He further addressed the need for updating the City Code requirements for Equivalent Residential Unit assessments to Motels. Finally, he spoke concerning inoperable street lights in the area..

At the request of City Manager Crichton, Ken Cowley, Acting Police Chief, Hallandale Beach Police Department, announced the City’s upcoming ‘Evening on the Front Porch” event which will be held at the 1000 Block of NE 3rd Street, on Thursday, September 20th, 2012 from 6:30 P.M. to 8:00 P.M. Additionally, he advised that there are increased police patrols within the northeast section of the City, mainly by unmarked vehicles, as a result of the recent incidents.

Mayor Cooper spoke in support of increasing patrols in the area using marked police cruisers.

Consensus:

-  To direct staff to increase patrols by marked police cars and bike patrols in the Northeast Quadrant as a crime deterrent.

6.  COMMISSIONER COMMUNICATIONS - Items not on the Agenda

A.  COMMISSIONER LEWY

Commissioner Lewy commended staff for the prompt response in resolving the Fire Assessment Fee discrepancies at the Anchor Bay Condominiums Boat Slips.

At the request of Commissioner Lewy, City Attorney Whitfield stated that the Ordinance regarding amendments to the Parking Code –will be presented to the City Commission for consideration during the first meeting in October.

Answering questions posed by Commissioner Lewy, Jennifer Frastai, Acting Assistant City Manager, advised that the Request for Proposals (RFP) for the Construction Manager at Risk (CMAR) will be released on September 28th, 2012.

Commissioner Lewy suggested that the need for the City Commission to formalize the City’s opposition to investments in Iran.

City Manager Crichton noted that this provision is outlined in the City’s investment policy.

Mayor Cooper recommended staff draft a letter on behalf of the Mayor and City Commission indicating the City’s position regarding investments in Iranian-related assets.

Consensus:

-  To direct staff to prepare a letter on behalf of the Mayor and City Commission to the Greater Miami Jewish Federation Jewish Community Relations Council and the Jewish Federation of Broward County Jewish Community Relations Council stating the City’s position regarding investments in Iranian-related assets and to direct staff to transmit the letter to the appropriate agencies.

At the request of Commissioner Lewy, City Manager Crichton gave an update regarding the installation of planters at Golden Isles Drive and landscaping improvements to the medians located at Three Islands stating that the preliminary designs for both sites will be presented for City Commission consideration during the first meeting in October.

B.  COMMISSIONER LONDON

Commissioner London requested a copy of the Memorandum from former City Manager Mark Antonio and Hallandale Beach Community Redevelopment Agency (HBCRA) Executive Director Jackson requesting the wire transfer for the purchase of the Ben Gamla Property. He further commended staff for hiring an Independent Auditor to review the property’s files and purchasing process.

City Manager Crichton stated that she was not aware of a Memorandum regarding the approval of funds for purchase of the property from City funds. However, she added that a Wire Transfer Request is on file and will be provided.

Mayor Cooper stated that she had requested this information, and was provided with a Memorandum from Alvin Jackson, HBCRA Executive Director. She further stated that she was of the impression that there was no documentation and spoke concerning.

Answering questions posed by Commissioner London, City Manager Crichton explained her philosophy regarding insubordination. She added that if it is a chronic problem, disciplinary action will be taken against the employee.

At the request of Commissioner London, City Manager Crichton indicated that the Auditor has not advised her of any requested information which has not been provided.

C.  COMMISSIONER ROSS

Commissioner Ross was absent from the meeting.

D.  VICE MAYOR SANDERS

Vice Mayor Sanders spoke regarding the transition of O.B. Johnson Park into a Teen Center and asked for clarification on the age range of participants that will be permitted in the facility. He stated his concerns that the City is displacing groups from recreation facilities without providing alternatives.

Cathie Schanz, Director of Parks and Recreation, stated that O.B. Johnson Park will be utilized as a teen-only facility (ages 13 years to 17 years), 7 days a week, by providing structured programing for teens only. Furthermore, Ms. Schanz added that only half of the basketball court will be utilized during renovations; however, during this time, the outdoor courts will be designated to be utilized by adults.

E.  MAYOR COOPER

Mayor Cooper recommended that the City submit a request to the HBCRA for reimbursement of funds used to purchase the Ben Gamla property since the intent and directive from the HBCRA Board of Directors and City Commission was to purchase the property utilizing HBCRA funds.

City Manager Crichton suggested waiting until receipt of the auditor’s Final Report. She added that the City Commission will be presented with the Report for consideration during the October 3, 2012 meeting and can take any formal action at that time.

Mayor Cooper noted she was in receipt of a letter from Broward County requesting the return of any unspent funds from the Community Development Block Grant.

Cora Daise, Assistant Director of Human Services, stated that staff has requested an extension and all funding received through the CDBG will be fully utilized as of December 31st, 2012.

Answering questions posed by Mayor Cooper, Cathie Schanz, Director of Parks and Recreation, stated that she is working with a representative from Florida Virtual School of Broward to schedule a beach cleanup day, and is awaiting execution of the liability waivers.

Mayor Cooper suggested staff look into the feasibility of hiring outside counsel to draft independent agreements between the City and the two (2) pari-mutuel facilities located within the City guaranteeing gross receipts from slot revenues are adequately paid to the City.

City Attorney Whitfield noted the need to review the agreement in place with Broward County to ensure it permits for individual agreements between the City and the.

Answering questions posed by Commissioner London, City Manager Crichton gave an overview of state versus. municipality agreements with pari-mutuel facilities and noted that presently, the City collects the revenue through Broward County.

Commissioner London stated that the base tax revenue does not reflect the overall impact being borne by the pari-mutuel facilities and agreed that research is necessary.

Commissioner Lewy requested further information in the form of a strategy memorandum indicating how other Broward County cities are structuring their agreements.

Consensus:

-  To direct the City Manager and City Attorney to research best practices of surrounding municipalities that house pari-mutuel facilities with specific contracts; and to provide background information regarding what other cities are doing, and to provide recommendations on how the City should structure their independent agreement if permitted; and to direct staff to prepare a strategy memorandum for City Commission consideration during the next Commission meeting.

City Manager Crichton provided an update regarding maintenance of the Florida East Coast (FEC) Railroad Corridor within City limits.

Mayor Cooper asked for staff to research Local Government Access programing through alternate Cable Companies such as AT&T U-Verse. She added that this would provide greater flexibility and convenience to City residents.

Consensus:

-  To direct staff to research alternative cable companies, including AT&T U-Verse, which offer Local Government Access Programing, including the feasibility and process for engaging these companies to provide this service, and to provide a report to the City Commission during the next City Commission meeting.

MOTION BY MAYOR COOPER, SECONDED BY COMMISSIONER LEWY, TO APPOINT SCOTT SHECKMAN TO THE PARKS AND RECREATION ADVISORY BOARD. The Motion carried on a 4/0 Voice vote.

7.  CITY ATTORNEY COMMUNICATIONS - Items not on the Agenda

City Attorney Whitfield had no Communications.

8.  CITY MANAGER COMMUNICATIONS - Items not on the Agenda

City Manager Crichton provided an update on the bridge re-painting project noting that only a portion of the bridge had originally been painted. She recommended the City Commission consider repainting the bridge in its entirety.

City Manager Crichton stated that the project cost is estimated at $100,000.00, and up lighting would be an additional $70,000.00.

Rick Labinsky, City Engineer, stated that a portion of the bridge was painted for $33,000.00, including the costs of pressure-washing the area. City Engineer Labinsky stated that if the same portion was to be repainted, the cost is estimated at $30,000, since there will be no need for pressure washing.

City Manager Crichton recommended utilizing funds from the Transportation Fund for this project as this is considered a one-time expenditure and an investment in the City.

Answering questions posed by Commissioner London, City Manager Crichton indicated that report on the bridge Color recommendations was prepared by ACAI Associates, Inc., for the City at a cost of $5,000.00.

Commissioner Lewy suggested discussing the matter as an Agenda Item.

Consensus:

-  To direct staff to bring back the Item with all backup documentation as and Agenda Item for discussion during a City Commission/City Manager Workshop; and to provide recommendations for consideration.

9.  APPROVAL OF MINUTES

A.  APPROVAL OF MINUTES - REGULAR COMMISSION MEETING OF SEPTEMBER 5, 2012

MOTION BY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TO APPROVE THE DRAFT MINUTES OF THE REGULAR COMMISSION MEETING OF SEPTEMBER 5, 2012. 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 PULL ITEMS NO. 10.D. AND NO. 10.G. FROM THE CONSENT AGENDA. The Motion carried on a 4/0 Voice vote.

MOTION BY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TO APPROVE ITEMS NO. 10.A, 10.B., 10.C., 10.E, AND 10.F., ON THE CONSENT AGENDA. The Motion carried on a 4/0 Voice vote.

A.  A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE RENEWAL OF THE CITY'S PROPERTY INSURANCE WITH FLORIDA MUNICIPAL TRUST FUND IN THE AMOUNT OF FOUR HUNDRED AND FIFTEEN THOUSAND FIVE HUNDRED SIXTY-FIVE ($415,565.00) DOLLARS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS TO EFFECTUATE THE INSURANCE FOR FISCAL YEAR 2012-2013; AND PROVIDING AN EFFECTIVE DATE. (STAFF: RISK MANAGER) (SEE BACKUP)

B.  A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE MUTUAL AID AGREEMENT FOR THE SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE; AND PROVIDING AN EFFECTIVE DATE. (STAFF: POLICE CHIEF) (SEE BACKUP)

C.  A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, ADOPTING AND APPROVING THE COMMUNITY PARTNERSHIP GRANTS GUIDELINES AND AMENDING THE COMMUNITY PARTNERSHIP GRANTS COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF HUMAN SERVICES) (SEE BACKUP)

D.  A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE COMMUNITY PARTNERSHIP GRANTS FOR FISCAL YEAR 2013; AUTHORIZING CITY MANAGER TO EXECUTE COMMUNITY PARTNERSHIP GRANT AGREEMENTS; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF HUMAN SERVICES) (SEE BACKUP)

Vice Mayor Sanders stated that he will recuse himself from voting on the Consent Agenda due to the appearance of a conflict of interest as until recently, his wife, Jessica Sanders, was the Executive Director for the Palms Community Action Coalition (PCAC), which is a party to the agreement being considered under Consent Agenda Item 10.D.