Mayor Cooper Called the Meeting to Order at 7:12 P.M

MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, MARCH 19, 2008 AT 7:00 PM

1. CALL TO ORDER

Mayor Cooper called the meeting to order at 7:12 P.M.

There were 57 persons in the audience.

1. ROLL CALL

Commissioners London, Ross and Schiller, Vice Mayor Julian, Mayor Cooper, City Manager Good, City Attorney Jove, City Clerk McGough – All present

1. PLEDGE OF ALLEGIANCE

1. PRESENTATIONS AND REPORTS

1. Presentation to Aventura Hospital in Recognition of Participation in Hallandale Beach Firefighters and Hallandale Beach - Aventura Rotary Club Pancake Breakfast Hosted by Mayor Cooper

Mayor Cooper thanked AventuraHospital for their contributions to the successful breakfast fund raising event to benefit the programs of the HallandaleBeach – Aventura Rotary Club. Lori German, Hallandale Beach Fire Department, presented the Certificate of Appreciation to Alex Chang, Chief Operations Officer for the hospital. Others recognized for their contributions were Penn Dutch Meats of Hollywood, Memorial Hospital South, Cosco and Star Bucks Coffee of Hallandale Beach. Dennis Mikes, President and Joe Kessell, Incoming President, HallandaleBeach – Aventura Rotary Club were also recognized.

Mayor Cooper announced that Patricia Genetti is the new Executive Director of the Hallandale Beach Area Chamber of Commerce. Ms. Genetti was formerly with the Hollywood, FL Chamber of Commerce.

Jennifer Frastai, City Manager’s Administrator, the City Police Department and the City, in general, were recognized for participation in MemorialHospital’s Health Intervention Targeted Areas (HITS) Program.

1. Parks and Recreation Summary Report

Rebecca Munden Correa, Parks and Recreation Director, made presentation.

The reorganization of the department was discussed. The objective is to ensure the quality and quantity of services are meeting the community’s needs. The community and the Parks and Recreation Advisory Board will be involved in the development of a Plan to reach the objective, with the Plan to be presented as part of the Fiscal Year 2008 – 09 budget process. The Plan must tie into the Community For a Lifetime Program and the City’s Comprehensive Master Plan.

Commissioner London inquired about the status of installation of the Lightning Detection System. City Manager Good noted the systems in Johnson and Bluesten Parks should be in place in the next 30 days. Park patrons will be advised through signage that the system is a warning device and the City is not liable for the systems.

Commissioner Ross noted it is turtle egg laying season and requested a program for children be developed regarding the turtle habitat and hatching of the eggs.

1. PUBLIC PARTICIPATION

Commissioner London requested that item # 8. H. pertaining to the time of the second City Commission meeting of the month be taken out of order.

Mayor Cooper stated the item will be heard after Public Participation.

Mayor Cooper opened the Public Participation portion of the meeting.

Ed Napolitano, 100 Golden Isles Drive, thanked staff for the landscaping plans for Golden Isles Drive. He also discussed the timeframe for the paving of Golden Isles Drive and was advised the paving will begin the day after the utility “tie ins” are completed. He spoke in support of keeping an evening meeting.

City Manager Good provided an update on the components of the Golden Isles Drive project.

Mayor Cooper asked about the status of additional parking on Golden Isles Drive and City Manager Good stated additional parking spaces will be provided.

Fernando Vazquez, 2500 Parkview Drive, President, Olympus Condo Association, spoke in support of evening meetings.

Claudia Kadera, 100 Golden Isles Drive, noted her concerns about the paving project not being complete with the upcoming hurricane season. She spoke in support of evening meetings.

Andrew Markoff, 705 SW 2 Ct., spoke in support of evening meetings but noted that items which do not involve the public do not need to be heard during the evening. Hearing all items at night can extend the meeting too late into the evening.

1. CONSENT AGENDA

1. Request Authorization to Award a Contract in the Amount of $812,552.60 to the Lowest Responsive, Responsible Bidder, Giannetti Contracting Corporation for Pump Station 8 Diversion Force Main to SW 2 Avenue – Rebid No.FY2006-2007-001-01,CIP#03-35-01.

City Manager Good discussed why City employees completed a portion of the overall project based on the bids received, and the cost savings involved. He recommended award of this portion of the project to Giannetti Contracting Corporation.

City Manager Good commended Gordon Dobbins, Assistant to the Director of DPW/Utilities & Engineering, for producing a design for the project that will save the City about $1.5 million dollars. Moreover, Mr. Dobbins has been instrumental in saving the City about $2 million dollars with the Golden Isles Project.

Commissioner London suggested that City contracts be performance based with an incentive for early completion and penalties for late completion. City Manager Good stated he does not recommend an incentive for early completion as the quality of the work could suffer. Mayor Cooper stated the City should impose penalties based on industry standards.

Bill Brant, Director, Public Works/Utilities & Engineering, noted there are penalties in the contract for untimely performance but high penalties can result in higher bids and contested claims. This contractor has a good performance record and payments are not made until the work has been inspected and approved.

1. Pursuant to Chapter 23, Section 23-108, Hallandale Beach Code of Ordinances, Cooperative Purchasing, Authorize Public Works Department Vehicle Purchases per 2007 Florida Sheriff’s Association Bid No. 07-15-0827 in the amount of $694,181.

Mayor Cooper was advised this purchase will provide a vehicle needed for beach cleaning.

City Manager Good advised why a limited number of hybrid vehicles are recommended for purchase. The City requires heavy-duty vehicles to perform the required services and hybrids are not offered for this type of vehicles.

In regard to sanitation vehicles and privatizing of the Sanitation Division, the City Manager will provide a comprehensive report, as requested by Commissioner London, during the budget workshops.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO APPROVE THE CONSENT AGENDA. The motion was carried by a voice vote, 5/0.

1. PUBLIC HEARINGS

1. An Ordinance of the City of Hallandale Beach, Florida, Providing for Imposition of a Moratorium on Issuance of Major Development Orders and Permits and on the Processing of Development Applications and Land Use Plan and Zoning Amendments within the City; Exempting Specified Development; Providing for Vested Rights; Waivers; Appeals; and Exhaustion of Administrative Remedies; Providing for a Six (6) Month Term, to be Extended if Necessary by the City Commission; Providing for Severability, Conflicts, and Providing for an Effective Date.

City Manager Good provided background and noted the Moratorium was for a six month period.

Mayor Cooper opened the Public Hearing; seeing no speakers, the Public Hearing was closed.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO APPROVE ON SECOND READING THE ORDINANCE FOR AN IMPOSITION OF A MORATORIUM. The motion was carried by a roll call vote as follows:

AYES:Commissioners London, Ross, and Schiller; Vice Mayor Julian; Mayor Cooper

NAYS:None

B.Application# 64-07DB by 600 Hallandale, LLC for Major Development Review Approval Pursuant to Section 32-782 of the Zoning and Land Development Code for Construction of Hallandale Square, a Five Story Commercial Building Containing Retail, Restaurants and a Cinema with a total of 380,000 sq. ft. in area, located at 600 East Hallandale Beach Boulevard.

City Manager Good read the applicant’s letter requesting a deferral to the April 16, 2008 Commission meeting. City Manager Good requested a deferral until the application is ready.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SCHILLER TO DEFER ITEM 7B AND BRING BACK WHEN READY. The motion was carried by a voice vote, 5/0.

1. CITY BUSINESS

1. Report from the Code Enforcement Advisory Committee

Hinda Smith, Chair, presented the report and noted legal and administrative review of the City Code was better done in house. She noted Commissioner Ross and Vice Mayor Julian have vacancies on the Committee.

The reasons for changing the name of the committee were discussed. Mayor Cooper suggested “Neighborhood Improvement Advisory Committee” and Commissioner Ross suggested “Code Advocacy Advisory Committee”. The name change is to be further discussed following input from staff.

Commissioner London suggested there be a way to link to the work of the committee via e-mail. He suggested that the names and contact information for each member of the City’s Boards and Committees be included on the City’s website. City Manager Good suggested an e-mail address be provided through the City’s website for the different Boards and Committees so staff can respond to the e-mails with correct information.

1. Report from the Education Advisory Committee

Mark Neckes, Vice Chair, made the presentation.

City Manager Good stated the City will finish the fields at the HallandaleAdultCommunity Center if the School Board does not do it in a timely manner. The playground must be safe for the children.

City Manager Good stated that maintenance work is being done on the gymnasium at GulfstreamMiddle School and once completed, the gym will be ready for use.

Mr. Neckes advised the Broward County School Board had adopted a Resolution not to relocate GulfstreamMiddle School and the HallandaleAdultCommunity Center. City Manager Good clarified that the School Board did not send out a notification for the Task Force’s last meeting. Therefore, only the Education Committee’s Vice Chair (Mr. Neckes) attended the meeting, making him a minority. The vote was to take no action. Mayor Cooper thanked the Committee for their perseverance toward trying to address the issues and promote the relocation of the HallandaleAdultCommunity Center and GulfstreamMiddle School.

Mayor Cooper asked the Education Committee to evaluate the State Budget and Taxation Commission’s proposal for placement on the November, 2008 referendum regarding funding for schools. The City needs to take a position on this matter.

NOTE:EDUCATION COMMITTEE TO PROVIDE REPORT

Mayor Cooper noted the Hallandale Beach Area Chamber of Commerce has an Education Committee and both committees should meet and work together.

In regard to revenue from slots, City Manager Good stated there is no direct accountability from the School Board on where these funds are spent.

In regard to the four vacancies on the Committee, Commissioner Ross advised she intended to write each Principal and ask for a recommendation for an appointment to serve on the Committee. City Manager Good stated a letter would be sent to each of the educational facilities in the City advising them of the vacancies on the Committee and requesting that this information be provided to the parents and others at the schools.

1. Report from Public Transportation/Flood Mitigation Advisory Board

Joe Sher, Vice Chair, made presentation.

Vice Mayor Julian noted BrowardCounty is ending its financial support of the Hallandale Beach Minibus as part of cost saving measures although County Commissioner Gunzburger has commended the program.

Mayor Cooper noted the allocation of the penny tax for transportation needs to be reviewed.

Commissioner London asked if it would be a concern if the names and contact information of members of the Board were included on the City’s website. Mr. Sher noted he would not have a concern but he would have to ask the other Board members.

Earl King, Deputy Director, Public Works/Utilities & Engineering, noted that one bus has been wrapped and staff will wrap a second bus and is recommending that the older bus not be wrapped as it will be replaced. The new, replacement bus will be wrapped.

Flood mitigation topics were discussed.

1. Presentation of Florida Department of Environmental Protection's Proposed Ocean Outfall Regulation

City Manager Good and Bill Brant, Director, Public Works/Utilities & Engineering discussed the regulations and their impact on local governments. A power point presentation was reviewed.

Mayor Cooper asked if HallandaleBeach was phasing in a rate structure to pay for anticipated planning and capital costs. City Manager Good advised the City of Hollywood is already including planning costs in their rates for sewerage processing. HallandaleBeach has and will take appropriate action in regard to this matter.

1. Presentation by PFM Asset Management, LLC of the Investment Results for Surplus Funds for the Period October 1, 2007 through December 31, 2007

Steven Alexander, PFM Asset Management, LLC, made presentation. The City’s current long term investments in the SBA are good quality. The long term investment portion of the SBA is performing well at an annual return of over 9%.

There continue to be concerns with the short term investments in the SBA. There are issues with both Pool A and Pool B. Continuing to pull investments out without incurring a penalty is recommended.

Mr. Alexander advised to be conservative in projecting interest rates for investments and to pull $5,000,000 from Pool A and put into money market or certificates of deposit. Diversification is the key.

It was clarified that investment policy precludes owning foreign investments.

NOTE:COMMISSION CONCURRED TO PULL $5,000,000 FROM SBA POOL A AND RE-INVEST IN SHORT TERM, LIQUID INVESTMENTS

1. Presentation of Community Redevelopment Agency Annual Report for Fiscal Year 2006/2007.

Richard Cannone, Director, Development Services, presented the annual report. This report does not include the audited financial numbers which are in preparation.

Mayor Cooper discussed the State’s audit of the CRA and how the Hallandale Beach CRA is a model for the State. The Florida Redevelopment Association will be contacted about programs of the Hallandale Beach CRA as best practices.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO APPROVE THE ANNUAL REPORT FOR THE FISCAL YEAR 2006-07 AND TO AUTHORIZE ITS DISTRIBUTION PER REQUIREMENTS. The motion was carried by a voice vote, 5/0.

NOTE:COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS ALSO APPROVED THE REPORT. REFER TO THIS PORTION OF THE MEETING

1. Discussion of Amending the Zoning Ordinance and Licensing Ordinance Regarding “Adult Entertainment Businesses”.

City Manager Good noted there have been three requests for three different locations for this type of facility. It is prudent to review the ordinance to ensure the quality of life in the City is not negatively impacted.

There was consensus to strengthen the ordinance.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO DIRECT STAFF TO DRAFT AN ORDINANCE AND BRING BACK WHEN READY. The motion was carried by a voice vote, 5/0.

1. Consideration of the Scheduled Time for the SecondCity Commission Meeting of the Month

1. Discussion of the Six Month Trial Period for Night Commission Meetings

1. Consideration of Alternatives for NightCity Commission Meetings

City Manager Good provided summary information and indicated, in general, the number of persons attending day and evening meetings.

Mayor Cooper discussed an alternative #1, as follows:

1. The second meeting of the month would start at 1:30 P.M. and City Business items would be heard. Pubic Participation would give the opportunity for the public to make comments. The Commission would discuss the items, there would be a call for motion and second but the vote would be deferred to the evening portion of the meeting. Public Hearing items would be scheduled during the evening portion of the meeting.

2. Individual Commissioners could request that items be placed on the evening portion of the agenda.

3.The Commission meeting would reconvene at 7:00 PM and the items moved and seconded during the day would be considered for a vote, following a second opportunity for the public to make comment. Each Commissioner would have the opportunity for a short summary discussion of the item, if desired. Following the public participation and comments from the Commission, if any, a vote would be taken on all the previous items.

This would be tried on a trial basis.

Mayor Cooper also spoke about moving to the ability to webcast the meetings.

Gail Schneider, 600 Three Islands Blvd., spoke in support of evening meetings.

Rick Levinson, 537 Golden Isles Drive, spoke in support of evening meetings.

Robert Selz, 717 Layne Blvd, spoke in support of evening meetings.

Carlos Simmons, 120 Golden Isles Drive, spoke in support of evening meetings.

Hinda Smith, 300 Three Islands Blvd., spoke in support of the Mayor’s suggestion but stated it was important to hear the Commission’s discussion of items.