Mayor Cooper Called to Order at 10:10 A.M

MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, JUNE 4, 2008 AT 10:00 AM

1. CALL TO ORDER

Mayor Cooper called to order at 10:10 A.M.

1. ROLL CALL

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

NOTE:COMMISSIONER SCHILLER PRESENT VIATELEPHONE CONNECTION

1. PLEDGE OF ALLEGIANCE

The pledge was led by Charity Rivera, HallandaleElementary School.

1. PRESENTATIONS AND REPORTS

1. Presentation of Certificates to the Student Citizens of the Month

Charity Rivera, HallandaleBeachElementary School, received a Certificate of Recognition as Student of the Month for May, 2008.

1. Presentation of Trophies to Gulfstream Middle School, Hallandale Elementary School and Hallandale Adult Community Center for Participation in a Food Drive to Benefit the Hallandale Food Pantry (Vice Mayor Julian)

Trophies were presented to HallandaleAdultCommunity Center, HallandaleElementary School, and GulfstreamMiddle School, for 3rd, 2nd and 1st place, respectively, in the food drive.

Mayor Cooper recognized Vice Mayor Julian for his tireless service to the needs of the community.

Paul Snow, Hallandale Beach Food Pantry, thanked everyone and noted the Food Pantry received about 20,000 pounds of food through a Food Drive with the U.S. Post Office. Currently, about 200 families are receiving benefits through the Food Pantry.

Mayor Cooper noted the School Board is considering a contribution of $48,000 per year per School Resource Officer. Mayor Cooper is compiling a list of school related issues and will continue to work with the School Board.

Mayor Cooper noted the City of Lauderdale Lakes has similar demographics to HallandaleBeach and has done a study of School Board appropriations to demonstrate the level of support for the schools in Lauderdale Lakes compared to BrowardCounty as a whole. She recommends HallandaleBeach complete the same type of study.

1. Recognition of the Step by Step Foundation for Contributions to the HallandaleBeach Police Athletic League

Kathy Winkler and Iliana Levy from the Step by Step Foundation were recognized for making a $5,000 contribution to the Police Athletic League.

1. Recognition of Commissioner Ross by the National Association of Professional Women (NAPW)

Commissioner Ross’ educational and community achievements were noted. She noted she was pleased to be recognized by her peers at the NAPW.

1. Discussion of Public Works Construction Projects

Report presented by Bill Brant, Director of the Department of Public Works/Utilities and Engineering.

Mayor Cooper noted concerns with speeding in Golden Isles and also requested an update of the roadway modifications near the Three Islands Guardhouse. City Manager Good provided an update.

In response to a question from Commissioner London, City Manager Good advised he will review the status of stand-by generator capability at the two Safe Neighborhood District guardhouses.

In response to a question from Commissioner London, the force main installation project will use the design–build procurement method and the City is discussing costs with Hazen and Sawyer to assist with this project.

1. PUBLIC PARTICIPATION

Ido Shimony, Eisman & Russo, Consulting Engineers, 3070 County Club Lane, PembrokePark, Project Manager for the West Hallandale Beach Blvd FDOT project, provided an update on the improvements.

NOTE:CITY WEBSITE TO CONTAIN LINK TO FDOT INFORMATION REGARDING THE STATUS OF THE WEST HALLANDALE BEACH BLVD. IMPROVEMENT PROJECT

The FDOT contact number for project information is 954-967-9909.

In response to a question from Commissioner London, Mr. Shimony advised the City cannot supplement the landscaping earmarked for the project as the supplemental material would not be provided under a project agreement and therefore not subject to required replacement if the plant or tree material died. The agreement requires a one year bond on landscaping and inspections are performed monthly and quarterly in order to better ensure quality condition of the landscaping.

It was noted that during night paving and replacement of traffic signals, and at other times when police presence was needed, the Hallandale Beach Police Department would be the best jurisdiction to perform needed duties. Mr. Shimony advised he will contact the Police Department to assist with these duties.

It was concluded that the City would receive monthly inspection reports and that signs would be installed that specifically advise the project is by FDOT and questions and issues are to be addressed to the FDOT at a FDOT contact number.

In response to a question from Vice Mayor Julian, Mr. Shimony advised the median cuts will remain as they are currently except at Dixie Highway and in PembrokePark.

In response to a concern by Commissioner Ross, Mr. Shimony advised the type and amount of plant material will be reviewed. City Manager Good noted that consistency between landscaping on East and West Hallandale Beach Blvd. must be maintained.

Mayor Cooper noted her concern with the large electrical boxes along the right-of-way of East Hallandale Beach Blvd. and stated this type of installation should not occur on West Hallandale Beach Blvd. City Manager Good noted this concern will be addressed.

1. CONSENT AGENDA

1. Approval of Minutes - RegularCity Commission Meetings of February 20, 2008 and March 5, 2008

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

1. PUBLIC HEARINGS

1. An Ordinance of the City of Hallandale Beach, Florida, Creating Article VII, Inclusive of Sections 28-226 Through 28-230, of Chapter 28, Traffic and Motor Vehicles, and Boats, Article VII Automated Enforcement of Certain Traffic Violations of the Code of Ordinances of the City of Hallandale Beach, Requiring Adherence to Red Light Traffic Control Signals; Requiring a Motor Vehicle Owner to Pay a Civil Fee for a Motor Vehicle that Runs a Red Light; Allowing Traffic Enforcement Photographic Systems to Record Violations of Red Light Traffic Control Signals; Providing for Issuance of Civil Notices of Code Violation for Such Violations; Providing for a Method for the Motor Vehicle Owner to Appeal a Notion of Code Violation; Providing for Severability; Providing for Repeal of Conflicting Ordinances; Providing an Effective Date.

Mayor Cooper noted the Florida League of Cities endorses this effort and she supports the ordinance.

Police Chief Magill and Mayor Flournoy provided details regarding the proposed program and both supported its implementation.

Vice Mayor Julian spoke in support of the ordinance as the program will protect residents.

Commissioner Ross noted her research shows the program will increase the number of rear end collisions at intersections and the cons out weigh the pros.

Major Flournoy stated FDOT controls the length of the yellow light and the City cannot control the length of this timing. A violation would not be issued unless the vehicle is behind the stop bar on a red light and continues through the intersection. He stated the program changes driver behavior, over time, and in every program researched the violations decrease over time. Chief Magill noted a certified officer must review the video before a violation is sent out.

City Attorney Jove discussed the program procedures through the City’s Special Magistrate and the appeal process and noted case law supports the ordinance and the ordinance is not unconstitutional.

Commissioner London noted rear end accidents increase with implementation of the program and he viewed the program as unconstitutional. He recommended FDOT increase the period of time traffic signals are yellow.

Commissioner London noted the Ordinance discusses withholding City privileges and City Manager Good noted City services pertaining to health and life safety would not be withheld.

Mayor Cooper recommended line 209 in the ordinance be amended to state “regular first-class and certified mail” rather than “regular first-class or certified mail”.

In response to a question from Commissioner London, City Manager Good stated the contract with a company for implementation of the program will be brought to the Commission for approval.

Mayor Cooper recommended revenues received through the program be allocated for law enforcement activities.

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

Mayor Flournoy described in detail how the proposed program would operate. Chief Magill advised the program can facilitate synchronization of traffic signals. It was further noted that the State is likely to consider legislation pertaining to these programs at next year’s session and it would be in the City’s interest to already have a program in place.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SCHILLER TO APPROVE THE ORDINANCE ON FIRST READING WITH THE AMENDMENT TO LINE 209 AS RECOMMENDED BY MAYOR COOPER AND SET SECOND READING FOR JUNE 18, 2008. The motion was carried by a roll call vote as follows:

AYES:Commissioner Schiller; Vice Mayor Julian; Mayor Cooper

NAYS:Commissioners London and Ross

NOTE:COMMISSION TO RECEIVE PROGRAM ADMINISTRATIVE POLICY

1. An Ordinance of the City of Hallandale Beach, Florida, Establishing Surveillance Security Cameras in Late-Night Businesses; Providing Purpose; Providing Definitions; Requiring Specified Late-Night Businesses to Have Digital Video Security Camera Systems; Providing Requirements for Such Systems; Providing for Enforcement; Providing for Civil Fines; Providing for Incentives; Providing Exceptions; Providing for Severability; Providing for an Effective Date.

Vice Mayor Julian explained why this item is timely and beneficial.

City Manager Good noted there are about 45 local businesses which could be impacted by the requirements of this Ordinance. He further discussed the results of a survey of businesses in the City with and without cameras and noted the installations are beneficial to both the businesses and the Police Department.

NOTE:SURVEY INFORMATION REGARDING LOCAL BUSINESSES PERTAINING TO SURVEILLANCE CAMERAS TO BE PROVIDED TO THE CITY COMMISSION

City Manager Good recommended the Police Chief be authorized to evaluate businesses taking into consideration the number and types of criminal incidents and calls for service and determine if cameras are warranted. A Loan Program could be considered to assist in the cost of installations. An Administrative Policy should be prepared to implement the Ordinance requirements and include a provision for financial assistance for applicable businesses. The Administrative Policy must be flexible to ensure the program is effective.

Mayor Cooper noted that State Statutes require use of cameras for the interiors of convenience stores. Police Chief Magill stated that compliance with the State requirements is monitored by State inspectors and the Ordinance would enable local monitoring. City Manager Good stated that the City can have more stringent requirements that the State.

Mayor Cooper supports including convenience stores in the evaluation and Commissioner Ross recommended including banks and gas stations.

Commissioner Ross also recommended the quality of the images needs to be also evaluated.

City Manager Good noted one option would be for the businesses to pay a fee to link into the City’s camera system to fulfill their responsibilities under the Ordinance. The important point is that criminal activities would be documented to help stop crime and increase community safety.

NOTE:BUSINESSES PAYING A FEE TO THE CITY FOR INSTALLATION OF

SURVEILLANCE CAMERA SYSTEMS TO BE CONSIDERED DURING THE SPECIAL MEETING ON THE BUDGET IN AUGUST. ITEM TO INCLUDE ESTIMATED COSTS AND REVENUES

Mayor Cooper asked if vulnerable businesses could voluntarily participate in a program and Chief Magill noted a number of businesses are interested in participating in a loan program for installation of surveillance cameras. Chief Magill further stated that the Police Department has three crime prevention professionals on staff to assist businesses.

Mayor Cooper asked if a vendor list of companies who provide surveillance camera systems can be provided to businesses.

Vice Mayor Julian noted he would like to see the following:

1.The cameras should meet certain minimum standards (digital images) so as to capture actions in “real time”;

2.Tapes from the cameras should be able to be placed on a police laptop for real time feed;

3.Businesses should be required to provide recordings to the City without need for a subpoena; (City Attorney Jove spoke about limits on subpoena power)

4.Administrative Policy to be prepared, as discussed, and include the above three

provisions.

Mayor Cooper requested there be an annual review of implementation and operating costs of the program. (Add to Administrative Policy)

NOTE:ADMINISTRATIVE POLICY TO INCLUDE ABOVE CONSIDERATIONS AND TO BE INCLUDED IN THE BACKUPMATERIALFORCITY COMMISSION REVIEW WHEN ORDINANCE IS PLACED ON THE AGENDA FOR SECOND READING

City Manager Good noted camera specifications are not included in the Ordinance but would be part of the Administrative Policy. He further stated that Line 54 of the Ordinance should state that the data captured by the camera must be stored a minimum of 30 days.

NOTE:LINE 54 TO BE CHANGED FOR SECOND READING OF THE ORDINANCE

NOTE:POLICE TO SPEAK TO BUSINESSES REGARDING THESE REQUIREMENTS AND HAVE THE RESPONSES FROM THE BUSINESSES AVAILABLE WHEN THE ORDINANCE IS PRESENTED FOR SECOND READING

Commissioner London noted it is important to obtain the viewpoint from businesses and that he supported including a loan program.

In response to a question from Commissioner London, Chief Magill stated the cameras would not “project” into infinity but focus on the business premises.

Mayor Cooper opened the Public Hearing.

Alex Lewy, 401 N.E. 14th Avenue, and President of Hallandale Beach Crime Watch, supported this item.

Seeing no other speakers, the Public Hearing was closed.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO ADOPT THE ORDINANCE ON FIRST READING SUBJECTTO THE DISCUSSION ABOVE, AND BRING BACK WHEN READY. The motion carried by a roll call vote as follows:

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

NAYS:None

1. An Ordinance of the City of Hallandale Beach, Florida, Repealing City of Hallandale Beach Ordinance 2008-03; Enacting Section 2-40 of the City of Hallandale Beach Code of Ordinances to Provide for the Appointment of Two City Commissioners to the City of Hallandale Beach Police Officers' and Firefighters' Board of Trustees; Providing for Conflicts; and Severability; Providing for an Effective Date.

City Manager Good stated that the attorney representing the Police Union and the attorney representing the Fire Union both did not have an objection to the Ordinance. He recommended no changes be made in the Ordinance, as presented, at this time.

In response to a question from Commissioner London, the new language of the Ordinance was discussed.

In response to a question from Commissioner London, City Manager Good noted Administrative Policies can be amended at any time.

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 THE ORDINANCE ON FIRST READING AND SET SECOND READING FOR JUNE 18, 2008. The motion carried by a roll call vote as follows:

AYES:Commissioners Rossand Schiller; Vice Mayor Julian; Mayor Cooper

NAYS:Commissioner London

8. CITY BUSINESS

A. Consideration to Accept and Place on File the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended September 30, 2007.

Mayor Cooper reconvened the meeting at 3:11 P.M.

Patricia Ladolcetta, Finance Director, provided an overview of the CAFR and introduced Brett Friedman and Chantelle Knowles from the City’s audit firm, McGladrey & Pullen. Mr. Friedman provided an overview of the report.

Commissioner London stated he received the CAFR on Friday, May 30, 2008, and this did not afford enough time to adequately review it before the Commission meeting. Therefore, he made a motion to defer the item given its extensive nature.

MOTIONTO DEFER THE ITEM TO PROVIDE ADDITIONAL TIME FOR REVIEW

(MOTION DIED FOR LACK OF A SECOND)

City Manager Good noted the auditor has given the City the highest rating possible and he recommended that the item move forward. The report is required to be submitted to the State of Florida by June 14, 2008.

Mr. Friedman stated the audit found no material weaknesses.

In response to a question from Mayor Cooper, Mr. Friedman defined “material” and “nonmaterial” weaknesses.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO ACCEPT AND PLACE ON FILE THE CAFR FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007. The motion carried by a voice vote, 4/1. (Commissioner London voted no.)

NOTE: COMMISSIONER LONDON STATED HIS NO VOTE WAS BASED ON

INADEQUATE TIME TO REVIEW THE CAFR

NOTE: CONSENSUS REACHED THAT FUTURE CAFRS SHOULD BE PROVIDED IN DISC FORMAT TWO WEEKS IN ADVANCE OF THE COMMISSION MEETING AT WHICH THE CAFR WILL BE CONSIDERED

B. Presentation by Lawrence Smith Regarding the 2008 Legislative Session

Lawrence Smith, State Lobbyist for the City, made the presentation.

He noted a number of bills were “defeated” that would have “damaged” local governments.

He discussed the bills that were passed by the legislature which have an impact on the City.

It was noted that the Florida For Ever Program was reauthorized and other grant opportunities were discussed. City Manager Good noted Frank Hileman, Manager of Intergovernmental Relations, will be following up on specific grant opportunities and will evaluate whether the City should make applications.

It was noted that $90,000 for the City’s SeniorMini-Center at the HepburnCenter was funded but it was removed from the State’s “base budget” which means continued funding is not automatic.

In response to a question from Vice Mayor Julian, Mr. Smith stated that for the most part the Broward delegation was opposed to unfunded mandates on local governments and stated their positions in the Legislature.

C. Discussion of State of Florida Grant Appropriations