MINUTES OF THE REGULAR MEETING OF THE HALLANDALE BEACH CITY COMMISSION AND SPECIAL MEETINGS OF THE GOLDEN ISLES SAFE NEIGHBORHOOD DISTRICT BOARD OF DIRECTORS AND THREE ISLANDS SAFE NEIGHBORHOOD DIRSTRICT BOARD OF DIRECTORS, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, JUNE 18, AT 6:30 P.M., 6:45 P.M. AND 7:00 P.M. RESPECTIVELY, COMMISSION CHAMBERS, 400 S. FEDERAL HIGHWAY, HALLANDALE BEACH, FLORIDA 33009.

  1. CALL TO ORDER

Mayor Cooper called the meeting to Order at 6:35 P.M.

  1. ROLL CALL

Commissioners Grachow and Sanders, Vice Mayor Julian and Mayor Cooper, City Manager Miller and City Attorney Whitfield – All Present.

Commissioner Lazarow arrived at 6:38 P.M.

  1. PLEDGE OF ALLEGIANCE
  1. PRESENTATIONS
  1. PRESENTATION OF A CERTIFICATE OF RECOGNITION TO HALLANDALE BEACH SENIOR OLYMPIAN MS. JOANN SAMPSON (SPONSORED BY: MAYOR JOY F. COOPER)

Mayor Cooper and the City Commission presented a Certificate of Recognition to Hallandale Beach Senior Olympian, Ms. Joann Sampson.

Ms. Sampson shared some of her accomplishmentsduringthe 2013 and 2014 Olympic seasons and thanked the City Commission for their continued support.

Vice Mayor Julian suggested the City send a letter to the American Association for Retired Persons (AARP) requesting recognition for Ms. Sampson’s accomplishments. Additionally, he recommended submitting a nomination on behalf of Ms. Sampson as a 2014Hallandale Beach Pioneer.

Consensus:

-To direct staff to transmit a letter to the American Association for Retired Persons (AARP) requesting they highlight and recognize Hallandale Beach Senior Olympian Ms. Joann Sampson for her accomplishments.

-To direct staff to nominate Ms. Joann Sampson as a 2014 Hallandale Beach Pioneer.

The City Commission heard Item #14.A. during this portion of the Meeting.

Refer to Action taken under Item #14.A.

  1. PRESENTATION BY FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING THE ADVANCED TRANSPORTATION MANAGEMENT SYSTEM (ATMS) INSTALLATION IN SOUTH BROWARD COUNTY (STAFF: DIRECTOR OF PUBLIC WORKS) (SEE BACKUP)

Vladimir Velasco, Transportation System Management and Arterial Systems Coordinator, Florida Department of Transportation (FDOT); Carlton Urban, Director of Engineering, World Fiber Technologies; and Julio Orozco, Regional Vice President, South Florida Region, World Fiber Technologies, gave a presentation and answered questions posed by the City Commission.

Mayor Cooper recommended staff work with FDOT to provide an estimated budget to extend the upgrades to the Hallandale Beach Bridge portion of the project.

  1. PUBLIC PARTICIPATION - (To be heard at 6:45 P.M.)(Speakers must sign-in with the City Clerk prior to the start of the meeting)

Keith London, 613 Oleander Drive, Hallandale Beach, spoke concerning inoperablestreet lights along Oleander Drive, Hibiscus Drive, Layne Blvd. and Sunset Bridge, eastbound. Additionally, he spoke concerning the need for drainage improvements at Golden Isles and Sunset Drives.

Answering the public comment, City Manager Miller noted that street lights are maintained by Florida Power and Light (FP&L) and staff will advise them of the inoperable lights. Additionally, City manager Miller stateduplighting fixtures are currently being replaced at the GISND medians, and staff is evaluating the drainage situation at Golden Isles and Sunset Drives.

At the request of City Manager Miller, Steven Parkinson, Director of Public Works, advised thatthe contractor responsible for the uplighting project in the GISND will be supplying the fixture replacements, which will be installed by July 2014.

Howard Garson, 2214 NE 11th Street, Hallandale Beach, spoke concerning the need for energy-efficient development throughout the City noting that these measures will result in cost-savings and increased property values which are beneficial to the City.

Diane Lyon Wead, 1755 E. Hallandale Beach Blvd, #603E, Hallandale Beach, spoke concerning the NE 14th Avenue Drainage project and the need for plans to be posted online. Ms. Wead made further recommendations for landscaping plans along NE 14th Avenue and noted that she would forward her suggestions to the City Commission via email.

Csaba Kulin, 600 NE 14th Avenue, Hallandale Beach, spoke in opposition of the City Commission’s previous decision to mitigate the code compliance fines and liens for the property located at 801, 805, 811 and 821 North Federal Highway, Hallandale Beach, Florida,which has set a precedent for similar requests for mitigation. Mr. Kulin suggested the City Commission consider revising the City’s lien mitigation policy making it more stringent; and only allowing full mitigation in the case of financial hardship.

Answering questions posed by Commissioner Julian regarding the line mitigation at the above-referenced property, City Attorney Whitfield clarified that since removal of the foundation was not a contractual requirement for the mitigation of fines, there are no grounds for the City Commission to file litigation alleging the applicant is in breach of a contract.

  1. COMMISSIONER COMMUNICATIONS - Items not on the Agenda
  1. COMMISSIONER GRACHOW

Commissioner Grachow recognized Dr. Joseph Amunategui and his staff for their service to the Community during the recent Police Athletic League (PAL) Physical Fitness Camp.

Commissioner Grachow provided a progress report since his appointment to City Commission Seat #2 and thanked the City Commission for the appointment. He announced that he would be running for reelection in the November 2014 Municipal General Election.

MOTIONBY COMMISSIONER GRACHOW, SECONDED BY VICE MAYOR JULIAN, TO APPOINT TAMARA TRETYAKOVA, TO THE CODE & PERMITTINGCOMMITTEE. The Motion carried on a 5/0 Voice vote.

  1. COMMISSIONER LAZAROW

Commissioner Lazarow spoke concerning the recent ruling by the Florida Supreme Courton the Red Light Camera litigation case. City Attorney Whitfield noted the City’s counsel on the case is evaluating the ruling’s implications and a white paper will be provided to the City Commission once the evaluation is complete.

Commissioner Lazarow stated that she was contacted by a resident noting her concernwith the removal of Australian Pinesat Three Islands Blvd. City Manager Miller noted that staff has been in contact with the resident, and confirmed that the trees will be replacedwithout disturbing the natural habitatof the native birds.

Commissioner Lazarow requested an Agenda Item be brought forward to discuss revisions to the City’s Leadership in Energy & Environmental Design (LEED) requirements for construction projects.

Mayor Cooper suggestedthe workshop also include a discussion regarding the feasibility of establishing a Property Assessed Clean Energy (PACE) Zone within the City for residential and commercial projects in order to leverage tax credits.

After further discussion by the City Commission, the following consensus was reached:

Consensus:

-To direct staff to coordinate a workshop on best practices for LEED requirements for residential and commercial construction/retrofitting, including the opportunity of utilizing PACE Programs.

-To direct staff to coordinate a workshop on Affordable/Workforce Housing.

Commissioner Lazarow spoke concerning the need for a workshop discussion on the City’s procurement process and the award of Requests for Proposal (RFP), Invitations to Bid (Bid) and Requests for Qualifications (RFQ), questioning whether or not it is feasible for the City Commission to hear presentations from the top three (3) firms instead of solely considering the firm(s) recommended by staff.

Answering questions posed by Commissioner Lazarow, City Manager Miller explained the considerations for the award of an Invitation to Bid noting that for a Bid process, the City is required to award the contract to the lowest responsive responsible bidder. Additionally, City Attorney Whitfield explained the difference with an Invitation to Bid (BID) vs. Request for Proposal (RFP) and the method for evaluation and selection for award of the contract. Additionally, she advised that pursuant to the Broward County Ethics Code, Elected Officials cannot be involved in the procurement process.

Commissioner Lazarow asked staff to provide information outlining the last time an RFP was rejected and reissued.

After further discussion by the City Commission, the following consensus was reached:

Consensus:

-To direct staff to provide information regarding the last time the City Commission rejected responses to a solicitation and re-advertised the project: information to include type of solicitation – including project -, date, number of responses, reason for rejection, and when the solicitation was re-advertised.

  1. COMMISSIONER SANDERS

Commissioner Sanders recognized Ms. Briani Henderson, Student,Hallandale Beach Magnet High School,and announced that she has been selected to represent the State of Florida at the National Academy of Future Physicians and Commerce Conference in Washington, DC,over the Summer.Commissioner Sanders encouraged his colleagues to consider sponsoring Ms. Henderson’s trip for a total of $1600.

Mayor Cooper commended Ms. Henderson and pledged to personally fund a third of the trip, or$500. Additionally, Mayor Cooper pledged another $500 on behalf of the Future Foundation, Inc.

Commissioner Grachow pledged $250 on behalf of the Hallandale Beach Kiwanis Club; Daniel P. Sullivan, Fire Chief, pledged $250 on behalf of the Hallandale Beach Rotary Club. Mr. Dennis Porter, Vice President of Operations, The Stronach Group, was also present at the meeting and made an individual pledge of $250.

Consensus:

-To direct staff to coordinate a presentation by Briani Henderson on her summer experience attending the National Academy of Future Physicians and Commerce Conference in Washington DC.

  1. VICE MAYOR JULIAN

Vice Mayor Julian issued a call for nominations for native Hallandale Beach residents for the 2014 City of Hallandale Beach Pioneer.

Vice Mayor Julian announced the need for Community volunteers to fill vacancies on the City’s Advisory Boards and Committees.

Vice Mayor Julian spoke in support of the City’s programming and noted his pride for the City of Hallandale Beach government and the Community.

  1. MAYOR COOPER

Mayor Cooper requested a status update on the activities and accomplishments of the City’s Cemetery Committee.

Consensus:

-To direct staff to coordinate a presentation of theCemetery Committee’s Annual Report to the City Commission; and to forward the Committee’s Minutes to the City Commission.

Mayor Cooper announced the FDOT District VI Meeting – Elected Officials/Agency Kick-Off Meeting regarding NE 203rd Street and 215th Street Intersection Improvements, between US-1 and West Dixie Highway, will be held on a Thursday, June 26th, 2014 at the City of Aventura Government Center, 19200 W. Country Club Drive from 3:00 p.m. to 5:00 p.m.

Mayor Cooper announced that St. Anne’s Episcopal Church will be celebrating their centennial this year and has extended invitations to their Gala Celebration on Saturday, July 26th, 2014 at 6:00pm. Mayor Cooper stated that she will be out of town during this time and will not be able to attend. She encouraged her colleagues to attend to present a Proclamation on behalf of the City of Hallandale Beach. Commissioner Grachow advised that he will be in attendance at the Gala Celebration.

Answering questions posed by Mayor Cooper, City Clerk James advised that in accordance with the City’s Policy, the Historical Marker in honor of the Church Centennial will be unveiled after church services on Sunday, July 27, 2014 at 9:00 am. Commissioner Sanders stated that he will be attendance at the unveiling ceremony.

Mayor Cooper spoke concerning the need for an evaluation of the continued flooding problem at Sunset Drive.

Consensus:

- To direct staff to evaluate the flooding problem at Sunset Drive and provide recommendations for consideration. Staff is to follow-up with the resident and the subject and staff’s actions.

  1. CITY ATTORNEY COMMUNICATIONS - Items not on the Agenda

City Attorney Whitfield had no Communications.

  1. CITY MANAGER COMMUNICATIONS - Items not on the Agenda

City Manager Miller had no Communications.

  1. APPROVAL OF DRAFT MINUTES
  1. JUNE 4, 2014 REGULAR CITY COMMISSION MEETING

MOTIONBY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER GRACHOW, TO APPROVE THE DRAFT MINNUTES OF THE JUNE 4, 2014 REGULAR CITY COMMISSION MEETING. The Motion carried on a 5/0 Voice vote.

Commissioner Lazarow requested to pull Item #10.B. from the Consent Agenda.

  1. CONSENT AGENDA

MOTONBY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER GRACHOW, TO APPROVE ITEM #10.A. ON THE CONSENT AGENDA. The Motion carried on a 5/0 Voice vote.

  1. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED PURSUANT TO THE TERMS OF THE MEMORANDUM OF UNDERSTANDING BETWEEN SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE AND MACMILLAN OIL CO. OF FLORIDA, INC., FOR THE PURCHASE OF DIESEL FUEL AND UNLEADED GASOLINE FOR AN AMOUNT NOT-TO-EXCEED THE BUDGETED AMOUNT FOR FUEL PURCHASES FOR THE FISCAL YEAR AND FOR THE TERM OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS) (SEE BACKUP)
  1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AWARDING BID #FY2012-2013-010, MISCELLANEOUS DRAINAGE IMPROVEMENT PROJECT TO THE LOWEST, RESPONSIVE BIDDER, SUN UP ENTERPRISES; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH SUN UP ENTERPRISES IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FORTY FOUR THOUSAND TWO HUNDRED TWENTY SIX ($244,226.00) DOLLARS; AND AUTHORIZING THE CITY MANAGER TO ESTABLISH A TEN PERCENT (10%) CONTINGENCY FUND FOR UNFORESEEN CIRCUMSTANCES; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS) (SEE BACKUP)

Answering questions posed by Commissioner Lazarow, City Manager Miller stated that per Florida Statutes, the City is required to accept the lowest bidder unless there was specific information in their bid proposal which proves they are irresponsible and/or unresponsive.

City Attorney Whitfield provided an overview of the requirements of the Broward County Ethics Code as it relates to the procurement selection process.

MOTIONBY COMMISSIONER LAZAROW, SECONDED BY COMMISSIONER GRACHOW, TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AWARDING BID #FY2012-2013-010, MISCELLANEOUS DRAINAGE IMPROVEMENT PROJECT TO THE LOWEST, RESPONSIVE BIDDER, SUN UP ENTERPRISES; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH SUN UP ENTERPRISES IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FORTY FOUR THOUSAND TWO HUNDRED TWENTY SIX ($244,226.00) DOLLARS; AND AUTHORIZING THE CITY MANAGER TO ESTABLISH A TEN PERCENT (10%) CONTINGENCY FUND FOR UNFORESEEN CIRCUMSTANCES; AND PROVIDING AN EFFECTIVE DATE. The Motion carried on a 5/0 Voice vote.

  1. ORDINANCES ON FIRST READING

NONE

  1. ORDINANCES ON SECOND READING/PUBLIC HEARING

NONE

  1. RESOLUTIONS/PUBLIC HEARING
  1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING MAJOR DEVELOPMENT APPLICATION #75-14-DB FOR GULFSTREAM PARK TOWER (GULFSTREAM) AS RECOMMENDED BY THE CITY ADMINISTRATION; PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF DEVELOPMENT SERVICES) (SEE BACKUP)

ITEM #13.A. IS QUASI JUDICIAL

Mayor Cooper introduced the Item.

City Clerk James administered the Oath of Truthful Testimony.

City Clerk James polled the City Commission concerning ex-parte communications.

Commissioners Grachow, Lazarow and Sanders answered in the negative and noted that their decisions will be based solely on the testimonies heard this evening.

Vice Mayor Julian and Mayor Cooper answered in the affirmative and indicated the date and time of their communications; additionally they stated their decisions will be based solely on the testimony heard this evening.

Keven Klopp, Director of Development Services, provided background information concerning the Item and turned the presentation over to staff. Althea Jefferson, Planning and Zoning Manager, gave a presentation and answered questions posed by the City Commission.

Answering questions posed by Mayor Cooper regarding the Housing Restrictive CovenantsMs. Jefferson stated that Constant Quality Price Housing Index has not increased in excess of 5% for the Affordable Housing, therefore that base was used for calculation of the amount due for the development.

Answering questions posed by Vice Mayor Julian concerning the development’s impact fees required by the Broward County School Board, City Manager Miller explained that these fees are negotiatedas a three-party agreement with the developer and the Broward County School Board.

City Manager Miller further noted that staff has indicated that the City is supportive of some relief being given to the developer for school concurrency. Additionally, she spoke concerning the timeline for City Commission consideration of the amended Development Order, and advised that staff anticipates presenting the item during the August 20, 2014 City Commission meeting.

Answering questions posed by Commissioner Sanders regarding utilization of funds remitted by the developer for school concurrency, Director Klopp explained that the City has requested that Hallandale Beach School projects be given first priority; however,a plan for these expenditures must be established simultaneously with the City, Broward County and the Broward County School Board.

Dennis Porter, Senior Vice President, Real Estate Development, The Stronach Group, and Cris Vigil,Vice President, BRPH Architects Engineers, Inc., gave a presentation and answered questions posed by the City Commission.

Mayor Cooper opened the Public Hearing.

Keith London, 613 Oleander Drive, Hallandale Beach, spoke in support of the proposed development and encouraged the City Commission to approve the Item. Furthermore, Mr. London questioned how the General Obligation Bond, if approved, will affect the property.

Mayor Cooper closed the Public Hearing.

MOTIONBY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER GRACHOW, TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING MAJOR DEVELOPMENT APPLICATION #75-14-DB FOR GULFSTREAM PARK TOWER (GULFSTREAM) AS RECOMMENDED BY THE CITY ADMINISTRATION; PROVIDING AN EFFECTIVE DATE.The Motion carried on a 5/0 Roll Call vote as follows:

AYES:Commissioners Grachow, Lazarow and Sanders and Vice Mayor Julian and Mayor Cooper

NAYS:None

At the request of Mayor Cooper, Mr. Porter provided an update regarding activities at the Village at Gulfstream Park.

  1. RESOLUTIONS/CITY BUSINESS
  1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, ADOPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ATTACHED AS EXHBIBIT "1" AND COMPLIANCE REPORT FOR FISCAL YEAR ENDED SEPTEMBER 30, 2013 ATTACHED AS EXHIBIT "2"; AUTHORIZING THE TRANSMITTAL TO STATE AND FEDERAL AGENCIES AND ALL OTHER RECIPIENTS NAMED IN THE DISTRIBUTION LIST; AND PROVIDING AN EFFECTIVE DATE. (STAFF: ACTING DIRECTOR OF FINANCE) (SEE BACKUP)

MelissaCruz, Controller, introduced Ms. Laura Thezine as the City’s Senior Accountant.