MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, HELD ON WEDNESDAY, AUGUST 19, 2015 AT 6:30 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 6:40 P.M.
2. ROLL CALL
Commissioners Lazarow and London, Vice Mayor Julian, Mayor Cooper, City Manager Miller and City Attorney Whitfield – All Present.
Commissioner Sanders arrived at 9:44 P.M.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC PARTICIPATION - (Speakers must sign-in with the City Clerk prior to the start of the meeting)
Brian Stewart, 646 NW 4th Court, Hallandale Beach, FL 33009, congratulated the City Commission for passing legislation during their last City Commission meeting which addresses mass incarceration and police use of force. However, he did speak in opposition of the City Commission approval authorizing the purchase of the Taser Axon Flex Body Worn Cameras as part of the City’s body cameras pilot program during the prior City Commission.
Robert Selz, 717 Layne Boulevard, Hallandale Beach, FL 33009, spoke on the deplorable condition and code enforcement issues of the property located on 519 Layne Boulevard and urged the Commission to act accordingly on this property in order to maintain the cleanliness of the neighboring community.
Keven Klopp, Development Services Director, provide a status update on the property located on 519 Layne Boulevard where a foreclosure hearing (3rd attempt) will be set to take place in September 2015 and a secondary option to bring this property before the Unsafe Structure Board during the October 2015 meeting to see if it meets the threshold limits for a demolition order.
City Attorney Whitfield indicated she would work with staff with researching any other available remedies to resolve the issues concerning the aforementioned property.
Ira Liebowitz, 116 NW 9th Terrace, Hallandale Beach, FL 33009, provided mangos and mango seeds to the City for incorporation into the City’s Community Garden.
5. PRESENTATIONS
A. PRESENTATION ON ALZHEIMER AWARENESS MONTH AND WALK BY SURFSIDE TOWN COMMISSIONER MICHAEL KARUKIN AND JOSE PINERA OF ALZHEIMER'S ASSOCIATION. (SPONSORED BY COMMISSIONER KEITH LONDON)
Surfside Town Commissioner Michael Karukin, Jose Pinera, and Jennifer Braisted of Alzheimer’s’ Association appeared before the City Commission and provided a presentation on Alzheimer’s disease and the Alzheimer Awareness Month and Walk to take place on November 7, 2015 (Miami-Dade County) and November 24, 2015 (Broward County). Additionally, they invited the City to take part and paint the City purple as part of the Broward County Alzheimer Awareness Month and Walk.
Commissioner London thanked Michael Karukin, Jose Pinera, and Jennifer Braisted for providing information on Alzheimer’s disease.
Mayor Cooper suggested staff to assist with the promotion of the Broward County Alzheimer Awareness Month and Walk through the City’s Public Information Office.
6. COMMISSIONER COMMUNICATIONS - Items not on the Agenda
A. COMMISSIONER LAZAROW
Answering a questioned posed by Commissioner Lazarow, City Attorney Whitfield indicated the City has filed for foreclosure on the Schwartz Property as the City Commission directed. As a result, City staff will have a meeting with the property owner’s attorney on March 5, 2015.
Commissioner Lazarow requested the City Manager to look into the vendor/product SmartProcure.
B. COMMISSIONER LONDON
Commissioner London congratulated Deputy City Manager Rosemond on his International City/County Management Association Certification.
Commissioner London shared his appreciation of staff continued work in addressing the issues regarding the property located on 519 Layne Boulevard and requested to remained informed as staff mitigates the issue.
Commissioner London thanked Ira Liebowitz for the mango seeds.
Commissioner London requested staff to research a construction ordinances adopted by the Cities of Bal Harbor and Surfside requiring construction vehicles to be hosed down before leaving the construction site and provide recommendations regarding adoption of a similar requirements by the City.
Answering a questioned posed by Commissioner London, City Manager Miller stated the City has practiced a local hiring preference as an directive she has given the Human Resources Department which would be included in the City’s administrative policy and procedure manual.
Commissioner London requested staff to research and bring back for consideration a draft Unsolicited Proposal Ordinance.
Consensus:
- Direct staff to research and bring back for consideration a draft Unsolicited Proposal Ordinance to be considered by both the City Commission and Hallandale Beach Community Redevelopment Board of Directors.
Answering a questioned posed by Commissioner London, Deputy City Manager Rosemond provide a brief update on the reconsideration of the RAC Ordinance with it scheduled to be brought before the City Commissioner during the November 14, 2015 Workshop.
C. COMMISSIONER SANDERS
No Communication
D. VICE MAYOR JULIAN
Vice Mayor Julian congratulated Deputy City Manager Rosemond on his International City/County Management Association Certification.
Vice Mayor Julian announced he was voted in as Second Vice Commander of the American Legion Post 310 and invited the public to become a member of the American Legion Post 310.
Vice Mayor Julian requested staff to look into cleaning up the Hallandale Beach Boulevard Bridge.
Following up on a question posed by Vice Mayor Julian, City Manager Miller inquired whether the City Commission wanted to sponsor a table and ad for $1750 for the upcoming Mayor’s Gala to be held on Saturday, October 24, 2015; where Vice Mayor Julian has been nominated for an award for his service as a veteran. Additionally, she made it known the Gala serves as a fundraising event for United Way of Broward County.
Consensus:
- To authorize a Sponsorship of $1750 for the 2015 Mayor’s Gala, which will serve as a fundraising event for the United Way of Broward County.
E. MAYOR COOPER
Answering questions posed by Mayor Cooper, Public Works Director Steve Parkinson provided an explanation on procedure and purpose of barring seaweed on the beach.
Mayor Cooper provided information from the Federal Government on Fluoride guidelines.
Mayor Cooper requested data on the issuance of red light traffic tickets that have been issued by patrol officers since the program was repealed and how many rear-end collisions have occurred.
Answering questions posed by Mayor Cooper, City Manager Miller provided a brief status update on the Regency Spa building demolition where the case will be brought before the Code Enforcement Special Magistrate on September 3, 2015.
Mayor Cooper requested the Regency Spa building demolition be brought back as part of the development agreement should the issue continue.
Consensus:
- If demolition does not occur by developer by September 3, 2015 Magistrate Hearing, bring item back to City Commission to reconsider the Development Agreement.
Mayor Cooper spoke on illegal dumping and requested for a timeline of actions that take place from the issuance of the Notice of Violation through the Magistrate Hearing.
7. CITY ATTORNEY COMMUNICATIONS - Items not on the Agenda
No Communications
8. CITY MANAGER COMMUNICATIONS - Items not on the Agenda
City Manager Miller congratulated Deputy City Manager Rosemond on his International City/County Management Association Certification. Additionally, the City now has three credential manager who are City Manager Miller and Deputy City Managers Daniel Rosemond and Nydia Rafols.
9. APPROVAL OF DRAFT MINUTES
A. AUGUST 5, 2015 REGULAR CITY COMMISSION MEETING MINUTES
MOTION BY VICE MAYOR JULIAN TO APPROVE THE DRAFT MINUTES.
The Motion was Seconded by Commissioner Sanders.
Commissioner London requested the City Clerk clarify the minutes to reflect his recommendation to Vice Mayor Julian as to the Vice Mayor’s recommendation on the Diplomat Golf Course to be held in perpetuity to remain as an open space.
MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SANDERS, TO APPROVE THE DRAFT MINUTES. The Motion passed on a 5-0 Voice Vote.
10. CONSENT AGENDA
MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LAZAROW, TO PULL ITEMS 10.A, 10.C, AND 10.D FROM THE CONSENT AGENDA. The Motion passed on 4/1 Voice Vote. Mayor Cooper cast the dissenting vote.
MOTION BY COMMISSIONER LAZAROW SECONDED BY COMMISSIONER LONDON TO APPROVE THE CONSENT AGENDA AS AMENDED. The Motion passed on a 5/0 Voice Vote.
A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE 4TH AMENDMENT TO THE AGREEMENT WITH PLANTE MORAN IN SUBSTANTIALLY THE SAME FORM AS ATTACHED AS EXHIBIT "A", FOR ADDITIONAL SERVICES DURING THE IMPLEMENTATION AND CLOSE OUT OF THE ENTERPRISE RESOURCE PLANNING (ERP) PROJECT IN AN AMOUNT NOT TO EXCEED FIFTY FOUR THOUSAND ($54,000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. (STAFF: CITY MANAGER)
Mayor Cooper introduced the item.
Answering a question posed by Commissioner London, City Manager Miller indicated Plante Moran will assist the City with the Implementation of the Tyler Munis Enterprise Resource Planning Project.
Answering a questioned posed by Commissioner London with regards to Item 10.C and 10.D, Project Manager Manga Ebbe indicated the County has not made the City remove signage temporarily and the City would be liable should someone drive into the proposed monument signs being recommended.
Answering a question posed by Mayor Cooper, Commissioner London indicated he would have announce and reported accordingly if he had any conflict of interest for Items 10.C and 10.D.
MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LAZAROW, TO APPROVE ITEMS 10.A, 10.C, AND 10.D. The Motion passed by a 5/0 Voice Vote.
B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH DEBBIE ABENMOHA FOR PROFESSIONAL SERVICES DURING THE IMPLEMENTATION OF THE ENTERPRISE RESOURCE PLANNING (ERP) PROJECT IN AN AMOUNT NOT TO EXCEED TEN THOUSAND ($10,000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. (STAFF: CHIEF INFORMATION OFFICER)
Item 10.B. passed on Consent.
C. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT WITH BROWARD COUNTY IN SUBSTANTIALLY THE SAME FORM AS ATTACHED AS EXHIBIT "6" FOR THE SIGNS FROM THE ENTRY MONUMENT AND VEHICULAR DIRECTIONAL PROGRAM THAT ARE LOCATED WITHIN THE BROWARD COUNTY RIGHT-OF-WAY; AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: PUBLIC WORKS DIRECTOR)
Item 10.C was considered and approved with Item 10.A.
D. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE WAYFINDING SIGNAGE PROJECT AND AFFIRMING THE CITY'S INTENT TO FUND ALL COSTS FOR THE DESIGN, INSTALLATION AND MAINTENANCE OF THE PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE COMMUNITY AESTHETIC FEATURE AGREEMENT IN SUBSTANTIALLY THE SAME FORM AS ATTACHED AS EXHIBIT "6" WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE SIGNS THAT ARE LOCATED IN AN FDOT RIGHT OF WAY; AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: PUBLIC WORKS DIRECTOR)
Item 10.D was considered and approved with Item 10.D.
11. ORDINANCES ON FIRST READING
A. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA; CREATING CHAPTER 16 ENTITLED PARKS AND RECREATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. (STAFF: PARKS AND RECREATION DIRECTOR)
Mayor Cooper introduced the item.
Cathie Schanz, Parks and Recreation Director, provided a presentation and answered questions posed by the City Commission.
MOTION BY COMMISSIONER LONDON TO APPROVE ON FIRST READING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA; CREATING CHAPTER 16 ENTITLED PARKS AND RECREATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
The Motion was Seconded by Commissioner Lazarow.
Commissioner London suggested the following amendments to the Ordinance:
- The inclusion of abandoning cats specifically as part of the code.
- The inclusion of grass clippings as part of the code or as a cross reference.
- The inclusion of the definition of water ways, and dunes.
- The inclusion of turtle nest as a cross reference.
MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LAZAROW, TO EXTEND COMMISSIONER LONDON’S DISCUSSION TIME ON THIS ITEM BY FIVE MINUTES. The Motion passed by a 4/1 voice vote. Mayor Cooper cast the dissenting vote.
Commissioner London shared his concerns with regards to beach chairs on the beach.
City Manager Miller requested the City Commission to approve the Ordinance as is while staff works on a future proposed permit program as a Resolution which should address the concerns of the Commission with regards to beach chairs being placed on the beach.
Mayor Cooper shared her concerns regarding the continued beach chairs issue and spoke in support of Commissioner London’s suggested amendments.
Mayor Cooper opened the floor for public comments.
Richard Moore, 1880 S. Ocean Drive, #206, Hallandale Beach, FL, spoke in support of the Ordinance and proposed more trash receptacles on the beach, additional police patrol, and a designated area for grilling on the beach. Additionally, Mr. Moore indicated the palm trees on the beach are dying.
There being no further public comments, Mayor Cooper closed the floor for public comments.
Mayor Cooper suggested an amendment on allowing only beach umbrellas and not allowing the 10x10 canopy tents.
Vice Mayor Julian spoke in opposition on restricting the 10x10 canopy tents and allowing generators.
Commissioner London concurred with Vice Mayor Julian.
MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LAZAROW, TO AMEND THE ORDINANCE AS DICUSSED WITH STRIKEOUT AND UNDERLINE ON THE PROPOSED SECOND READING DRAFT. The Motion passed by a 5/0 voice vote.
MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LAZAROW TO APPROVE ON FIRST READING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA; CREATING CHAPTER 16 ENTITLED PARKS AND RECREATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. The Motion passed by a 5-0 Roll Call Vote.
AYES: Commissioners Lazarow, London, and Sanders, Vice Mayor Julian, and Mayor Cooper
NAYES: None
12. ORDINANCES ON SECOND READING/PUBLIC HEARING
A. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 12 ELECTIONS BY CREATING SECTION 12-06 PROHIBITION ON CERTAIN CITY EMPLOYEES' CAMPAIGN CONTRIBUTIONS IN CITY ELECTIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COMMISSIONER MICHELE LAZAROW)