Hallandale Beach, Florida



MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, HELD ON WEDNESDAY, JANUARY 8, 2014 AT 6:00 P.M., CITY COMMISSION CHAMBERS, 400 SOUTH FEDERAL HIGHWAY, HALLANDALE BEACH, FL 33009

CALL TO ORDER FOR THE PLANNING & SCHEDULING SESSION

Mayor Cooper called the Planning and Scheduling Session to Order at 5:42 P.M. in the Commission Chambers.

Commissioners Julian and Sanders, Vice Mayor Lewy and Mayor Cooper, City Manager Miller and Assistant City Attorney McKenney – All Present.

Commissioner Lazarow was absent from the Planning and Scheduling Session.

Mayor Cooper announced that Mr. Franklin Deese, Mayor of Marshville, North Carolina, and author of the book “From Inmate to Mayor,” will be the guest speaker during the Dr. Martin Luther King Jr. Day Parade and Festival, which will be held on Monday, January 20, 2014 from 10:00 a.m. to 6:00 p.m. at the OB Johnson Park.

The City Commission discussed the Calendar of Events scheduled for January 8th, 2014 through February 5th, 2014.

Mayor Cooper adjourned the Planning & Scheduling Session at 5:59 P.M.

1. CALL TO ORDER

Mayor Cooper called the Meeting to Order at 6:00 P.M.

2. ROLL CALL

Commissioners Julian and Sanders, Mayor Cooper, City Manager Miller and Assistant City Attorney McKenney– All Present.

Commissioner Lazarow arrived at 6:01 P.M.

3. PLEDGE OF ALLEGIANCE

4. PRESENTATIONS

ITEM #4.A. ILL BE HEARD AT 6:00 P.M.

A. PRESENTATION OF THE 2013 HOLIDAY LIGHTS AWARDS (BEAUTIFICATION ADVISORY BOARD) (STAFF: DIRECTOR OF PUBLIC WORKS) (SEE BACKUP).

Mayor Cooper introduced the Item and turned the presentation over to Staff and the City of Hallandale Beach Beautification Advisory Board.

Phyllis Broccone, Chair, Beautification Advisory Board, recognized the Board members also in attendance at the meeting: Henry Hahn, Rochelle Blum, Ann Henigson and Emily Scavo.

Mary Francis Jeannot, Administrative Analyst II, and Thomas Operle, Public Service Supervisor, both staff liaisons to the Beautification Advisory Board, presented the following awards:

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Mayor Cooper recessed the meeting at 6:25 P.M.

Mayor Cooper reconvened the meeting at 6:32 PM

ITEM #4.B. WILL BE HEARD AT 6:30 P.M.

B. PRESENTATION OF THE 2014 DR. MARTIN LUTHER KING, JR. HUMANITARIAN AWARD TO MR. LORRAINE JOHNSON (STAFF: DIRECTOR OF HUMAN SERVICES) (SEE BACKUP)

Cora Daise, Acting Human Services Director, presented the 2014 Dr. Martin Luther King, Jr. Humanitarian Award to Mr. Lorraine Johnson.

Mr. Johnson thanked the City Commission for the award.

Commissioner Sanders and Reverend Joe Johnson, Pastor, Ebenezer Missionary Baptist Church, 816 NW 1st Ave, Hallandale Beach, spoke highly of Mr. Johnson and thanked him for his service to the Hallandale Beach Community.

Acting Director Daise presented Ms. Carmen Davis with a Certificate of Appreciation as a nominee for the 2014 Dr. Martin Luther King, Jr. Humanitarian Award.

Ms. Davis thanked the City Commission for the honor.

ITEM#4.C. WILL BE HEARD AT 6:45 P.M.

C. A PROCLAMATION PROCLAIMING THE MONTH OF JANUARY 2014 AS BROWARD COUNTY DIVERSITY COMMUNITY MONTH (STAFF: CITY CLERK) (SEE BACKUP)

The City Commission presented the Proclamation to Mr. Rafael Lopez, Board Member, Broward County Diversity Council. Mr. Lopez thanked the City Commission for their continued partnership and announced the Kiwanis Club of Hallandale Beach’s 1st Annual Hispanic Festival, which will be held on February 1st, 2014 at the Cultural Community Center, located at 410 SE 3rd Street, Hallandale Beach, the event will begin at 4:00 p.m.

ITEM #4.D. WILL BE HEARD AT 7:00 P.M.

D. PRESENTATION BY THE BROWARD METROPOLITAN PLANNING ORGANIZATION (MPO) AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) REGARDING THE COUNTY LINE ROAD/FLORIDA EAST COAST RAILWAY (FEC) PROJECT. (STAFF: DIRECTOR OF PUBLIC WORKS) (SEE BACKUP).

Gregory Stuart, AICP, Executive Director, Broward Metropolitan Planning Organization (MPO), provided background information regarding the project for roadway improvements at the intersections of NE 203rd Street, Ives Dairy Road, and State Road 5/US 1/Biscayne Boulevard, NE 215th Street/County Line Road and Dixie Highway, noting that the project is in its beginning phases and the City Commission will be provided the opportunity for input throughout the process.

Aileen Bouclé, AICP, District Planning & Environmental Management Administrator, Florida Department of Transportation, District VI and Jose E. Clavell, PE, Director of Planning & Project Development, Gannett Fleming, gave a presentation outlining the Project Location, Purpose and Need, Transportation Development Process, Schedule, the Efficient Transportation Decision Making (ETDM) process and Alternatives Screened, and answered questions posed by the City Commission.

Answering questions posed by City Manager Miller, Ms. Bouclé stated that an analysis of the economic and social impacts that each of the alternatives may have on the surrounding communities is inherent in the process of the Preliminary Environmental Discussion (PED Study) and will be taken into consideration. Ms. Bouclé confirmed that the City of Hallandale Beach will be included in all communications regarding the project.

Mayor Cooper spoke in opposition of implementing a ramp extending westbound on SR 5 US 1, noting that this would negatively impact Hallandale Beach Boulevard. Mayor Cooper recommended the Florida Department of Transportation partner with the City to look at improvements for Hallandale Beach Boulevard. Additionally, Mayor Cooper requested the MPO partner with FDOT, District 4 and 6, to expand the parameters of the PED Study to include improvements to Hallandale Beach Boulevard.

Vice Mayor Lewy spoke in support of installing a ramp extending westbound on SR 5 US 1. Answering questions posed by Vice Mayor Lewy, Ms. Bouclé spoke concerning funding options for the project noting that the project will be completely funded by FDOT.

Commissioner Julian spoke concerning the need for an n-depth evaluation of the impacts that the proposed improvements will have on surrounding streets.

Ms. Bouclé stated that all the comments and questions raised this evening will be taken into consideration and will be addressed and/or answered during the PED Study.

Mayor Cooper opened the floor to public comments.

Dave Smith, 22 Coconut Ave., Hallandale Beach, spoke concerning the need for improved community/stakeholder outreach from the Florida Department of Transportation and Metropolitan Planning Organizations to ensure the public is properly educated regarding upcoming projects.

Mayor Cooper closed the floor to public comments.

Providing an answer to the public comment, Mr. Stuart stated that improved community outreach is a priority for both FDOT and the MPO.

Answering questions posed by Mayor Cooper, Ms. Bouclé provided a status update of the I-95 Expressway construction project; additionally, she noted that all stakeholders are included in the planning process.

There was no further action taken by the City Commission regarding this Item.

5. PUBLIC PARTICIPATION - (To be heard at after 6:30 P.M.)(Speakers must sign-in with the City Clerk prior to the start of the meeting.)

Robert Fisher and Julie Fisher, 2030 S. Ocean Drive, Hallandale Beach (Parker Plaza Condominium), thanked the City Commission and the Hallandale Beach Police Department for their successful investigations of fraud-related activities by the Parker Plaza Condominium Association.

Csaba Kulin, 600 NE 14th Avenue, Hallandale Beach, spoke concerning Item #10.D. and whether or not there would be need for additional construction along NE 14th Avenue.

Allan Wasser, Wassers Furniture, 19 NE 1st Avenue, Hallandale Beach, spoke in support of improvements along NE 1st Avenue/Fashion Row and thanked the City Commission for this initiative.

Mayor Cooper noted that Item #10.D. would be pulled from the Consent Agenda for discussion.

6. COMMISSIONER COMMUNICATIONS - Items not on the Agenda

A. COMMISSIONER JULIAN

Commissioner Julian announced that the Curci House, located at 324 SW 2nd Avenue, Hallandale Beach, (built in 1924) has been recognized in the National Historic Registry as a Historic Site.

B. COMMISSIONER LAZAROW

Commissioner Lazarow stated that she was contacted by Daniel Dietch, Mayor, Town of Surfside, requesting the Hallandale Beach City Commission join in their efforts to reduce gun violence and illegal firearms trafficking through more responsible gun sales and marketing practices. Additionally, Commissioner Lazarow distributed copies of resolutions drafted by the Town of Surfside and the City of Miami for consideration.

Answering questions posed by Commissioner Lazarow, Chief Flournoy provided the current requirements for purchase of firearms.

MOTION BY COMMISSIONER LAZAROW, SECONDED BY VICE MAYOR LEWY, TO DIRECT STAFF TO DRAFT A RESOLUTION SUPPORTING EFFORTS TO REDUCE GUN VIOLENCE AND ILLEGAL FIREARM TRAFFICKING THROUGH MORE RESPONSIBLE GUN SALES AND MARKETING PRACTICES AND TO BRING BACK THE RESOLUTION FOR CONSIDERATION AT THE JANUARY 22, 2014 MEETING. The Motion carried on a 5/0 Voice vote.

Commissioner Lazarow urged the public to volunteer with their local Humane Societies and

the need for timely rabies vaccinations for pets.

At the request of Mayor Cooper, Dwayne Flournoy, Police Chief, provided an overview of the

regulations for barking dogs for lengthy periods of time.

Assistant City Attorney McKenney Andre clarified Section 6-66(b) and (e) of the City’s Code of

Ordinances.

Answering questions posed by Commissioner Lazarow regarding the December 4, 2013 City

Commission Meeting Follow-Up, City Manager Miller and Steven Parkinson, Director of Public

Works, provided a breakdown of the costs associated with Decorated Electrical Boxes.

Consensus:

- To direct staff to bring back an item for discussion regarding the implementation of

Decorated Electrical Boxes during the FY14/15 Budget; and to include a map showing the

location of each electrical box.

C. COMMISSIONER SANDERS

Commissioner Sanders had no communications.

D. VICE MAYOR LEWY

Vice Mayor Lewy had no communications.

E. MAYOR COOPER

Mayor Cooper suggested staff research the feasibility to amend the City’s Tree Canopy Ordinance to provide credit for fruit trees. Additionally, Mayor Cooper suggested a maintenance plan for replacement of grave markers.

Consensus:

- To direct staff to research and bring back an Ordinance amendment to provide

credit for fruit trees. 

- To direct staff to investigate the possibility of being able to include maintenance of grave

markers during their regular grounds maintenance and proactively have a plan for their

replacement, as opposed to waiting until family members of the deceased call to request

such repairs. 

Answering questions posed by Mayor Cooper, Carlos Acosta, City Engineer, indicated the estimated time for completion of the pipeline rehabilitation project along South Ocean Drive/AIA is anticipated for March 2014.

Mayor Cooper suggested staff research the feasibility for funding complete renovations of the Old School House/Police Benevolent Association (PBA) Hall during the current Fiscal Year (FY13/14). Additionally, City Manager Miller provided a brief update on the status of the renovation project.

7. CITY ATTORNEY COMMUNICATIONS - Items not on the Agenda

Assistant City Attorney McKenney had no Communications.

8. CITY MANAGER COMMUNICATIONS - Items not on the Agenda

City Manager Miller provided an update regarding the process for issuance of a General Obligation Bond for funding the implementation of the Citywide Parks Master Plan and the importance of community outreach educating the public about the upcoming ballot questions. Additionally, City Manager Miller informed the City Commission that staff has hired a consultant to assist in the community outreach study and analysis.

City Manager Miller thanked the City Commission and staff for their participation in the Adopt-A-Family program during the 2013 Holiday Season.

City Manager Miller advised the City Commission of meeting conflict with the City Commission/City Manager Workshop/Special Meeting scheduled for February 17, 2014 which is President’s Day (Federal Holiday).

9. APPROVAL OF DRAFT MINUTES

A. DECEMBER 4, 2013 REGULAR CITY COMMISSION MEETING

MOTION BY VICE MAYOR LEWY, SECONDED BY COMMISSIONER JULIAN, TO APPROVE THE DRAFT MINUTES OF THE DECEMBER 4, 2013 REGULAR CITY COMMISSION MEETING. The Motion carried on a 5/0 Voice vote.

Mayor Cooper pulled Item #10.D. from the Consent Agenda.

10. CONSENT AGENDA

MOTION BY VICE MALYOR LEWY, SECONDED BY COMMISSIONER LAZAROW, TO APPROVE ITEMS #10.A, #10.B & #10.C. ON THE CONSENT AGENDA. The Motion carried on a 5/0 Voice vote.

ITEMS #10A, #10.B. & #10.C. WILL BE HEARD IN CONJUNCTION

A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT AND NECESSARY DOCUMENTS FOR STATE ROAD A1A, FIN. NO 428727-1-52-01/02, IN THE AMOUNT OF TWO MILLION ONE HUNDRED TWENTY THOUSAND AND TWENTY SEVEN DOLLARS ($2,120,027.00); AUTHORIZING THE CITY MANAGER TO ESTABLISH ACCOUNTS TO IMPLEMENT THE PROJECT; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS) (SEE BACKUP & BACKUP FOR ITEM #10.B & #10.C.)

B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A MAST ARMS AND UPRIGHT POLES MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR STATE ROAD A1A (SOUTH OCEAN DRIVE) FROM COUNTY LINE TO STATE ROAD 858; AND PROVIDING AN EFFECTIVE DATE.

(STAFF: DIRECTOR OF PUBLIC WORKS) (SEE BACKUP & BACKUP FOR ITEM #10.A. & #10.C.)

C. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO A DISTRICT FOUR (4) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LANDSCAPE INCLUSIVE MEMORANDUM OF AGREEMENT FOR STATE ROAD A1A (SOUTH OCEAN DRIVE) FROM COUNTY LINE ROAD TO STATE ROAD 858; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS) (SEE BACKUP & BACKUP FOR ITEM #10.A. & #10.B.)

D. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE WORK AUTHORIZATION TO MONTGOMERY WATSON HARZA AMERICAS, INC., TO PERFORM HYDROSTATIC SALINITY BARRIER FOR WELLFIELD PROTECTION, PHASE II IN ACCORDANCE WITH RFP #FY2007-2008-004, CONTINUING SERVICES, FOR AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY NINE THOUSAND NINE HUNDRED SEVENTY SIX ($159,976.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS) (SEE BACKUP)

Answering questions posed during Public Participation, City Manager Miller advised that this Work Order would not necessitate any further construction along NE 14th Avenue.

At the request of Mayor Cooper, Harold Aiken, Consultant, Montgomery Watson Harza Americas, Inc., provided an overview on Phase II of the research study for the Hydrostatic Salinity Barrier for the Wellfield Relocation project and answered questions posed by the City Commission.

Answering questions posed by Commissioner Lazarow, City Manager Miller explained that the request for funding the Project’s Phase II will include documenting the science and modeling necessary to prove to Broward County that the City will have the ability to deal with the contamination concern.

Commissioner Lazarow spoke concerning Section 2-11 of the Preliminary Assessment of a Hydrostatic Salinity Barrier for Wellfield Protection – April 2013 and the need to ensure the availability for land to accommodate the project.

MOTION BY COMMISSIONER LAZAROW, SECONDED BY VICE MAYOR LEWY, TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE WORK AUTHORIZATION TO MONTGOMERY WATSON HARZA AMERICAS, INC., TO PERFORM HYDROSTATIC SALINITY BARRIER FOR WELLFIELD PROTECTION, PHASE II IN ACCORDANCE WITH RFP #FY2007-2008-004, CONTINUING SERVICES, FOR AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY NINE THOUSAND NINE HUNDRED SEVENTY SIX ($159,976.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. The Motion carried on a 5/0 Voice vote.

11. ORDINANCES ON FIRST READING READING/PUBLIC HEARING

A. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 32 OF THE CODE OF ORDINANCES OF THE CITY OF HALLANDALE BEACH ENTITLED ZONING AND LAND DEVELOPMENT CODE BY AMENDING ARTICLE III ENTITLED ZONING, DIVISION 2 ENTITLED ZONING DISTRICTS, SPECIFICALLY AT SECTION 32-171 ENTITLED FASHION ROW OVERLAY DISTRICT TO RENAME IT THE FASHION ROW ART OVERLAY DISTRICT AND TO INCLUDE ADDITIONAL USES TO THE RM-18 RESIDENTIAL MULTIFAMILY, B-L BUSINESS LIMITED AND B-I BUSINESS INDUSTRIAL, LIST OF PERMITTED USES IN ACCORDANCE WITH THE FUTURE LAND USE ELEMENT OF THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) (STAFF: PLANNING & ZONING MANAGER) (SEE BACKUP)

Althea Jefferson, Planning and Zoning Manager, gave a presentation regarding the proposed amendments and answered questions posed by the City Commission.

Mayor Cooper suggested adding the word ‘Design’ to the name of the Overlay District.

MOTION BY VICE MAYOR LEWY, SECONDED BY COMMISSIONER JULIAN TO AMEND THE ORDINANCE TO ADD THE WORD ‘DESIGN’ TO THE NAME OF THE OVERLAY DISTRICT. The Motion carried on a 5/0 Voice vote.

Answering questions posed by Mayor Cooper, City Manager Miller stated that the Ordinance is not prohibitive and will remain sensitive to genres of various artistic expressions without having to go through the variance process. Additionally, City Manager Miller stated that staff carefully handles these type of applications and they will be accommodated based on the aesthetic presentation within the area.

Commissioner Lazarow suggested removal of the word “Row” and “Overlay” from the name of the District.

City Manager Miller noted the word ‘Overlay’ is a technical term that will be included in the Ordinance only, but not on the signage throughout the District.

MOTION BY COMMISSIONER JULIAN, SECONDED BY VICE MAYOR LEWY, TO AMEND THE ORDINANCE TO REMOVE THE WORD ‘ROW’ FROM THE NAME OF THE OVERLAY DISTRICT. The Motion carried on a 5/0 Voice vote.

Ms. Jefferson read the following amendment to be included in line #588 of the Ordinance:

“…Items for sale shall be contained within a merchandise display, as defined within this section.  A merchandise display shall be brought indoors during non-operating…”

Mayor Cooper opened the floor to public comments.

Stephen Reimer, 217 East Hallandale Beach Boulevard, Hallandale Beach, spoke in support of extending the boundaries of the Overlay District eastward to NE 2nd Ave. and/or the end of the lot. Additionally, Mr. Reimer spoke concerning the effects of either proposal on parking and future development for the area, and suggested the City include residential properties within the Overlay District.

Mayor Cooper closed the floor to public comments.

The City Commission discussed the recommendations made during public comment and reached the following consensus.

Consensus:

- To direct staff to include a Location Map on Second Reading of the Ordinance outlining the existing boundaries of the Overlay District; and to direct staff to research if there are any properties that lie partially within, and partially outside, of the Overlay District, as well as he process for amending the boundaries of the overlay District.

City Manager Miller advised that any zoning changes to the area must be properly noticed and all property owners must be made aware of the proposed changes.

Ms. Jefferson and Assistant City Attorney McKenney provided an overview of the process for amending the boundaries of the Overlay District noting that the Ordinance must be reconsidered by the Planning and Zoning Board/Local Planning Agency.

MOTION BY COMMISSIONER JULIAN, SECONDED BY VICE MAYOR LEWY, TO APPROVE FIRST READING OF AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AS AMENDED, AMENDING CHAPTER 32 OF THE CODE OF ORDINANCES OF THE CITY OF HALLANDALE BEACH ENTITLED ZONING AND LAND DEVELOPMENT CODE BY AMENDING ARTICLE III ENTITLED ZONING, DIVISION 2 ENTITLED ZONING DISTRICTS, SPECIFICALLY AT SECTION 32-171 ENTITLED FASHION ROW OVERLAY DISTRICT TO RENAME IT THE FASHION ROW ART OVERLAY DISTRICT AND TO INCLUDE ADDITIONAL USES TO THE RM-18 RESIDENTIAL MULTIFAMILY, B-L BUSINESS LIMITED AND B-I BUSINESS INDUSTRIAL, LIST OF PERMITTED USES IN ACCORDANCE WITH THE FUTURE LAND USE ELEMENT OF THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE; AND TO SCHEDULE SECOND READING FOR JANUARY 22, 2014. The Motion carried on a 5/0 Roll Call vote as follows:

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

NAYS: None

B. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 32 OF THE CODE OF ORDINANCES OF THE CITY OF HALLANDALE BEACH ENTITLED ZONING AND LAND DEVELOPMENT CODE BY AMENDING ARTICLE IV ENTITLED DEVELOPMENT STANDARDS, DIVISION 14 ENTITLED RESIDENTIAL CARE FACILITIES, SPECIFICALLY AT SECTION 32-525 ENTITLED DEVELOPMENT STANDARDS IN ORDER TO COMBINE LIVING AND DINING SQUARE FOOTAGE ALLOCATION FOR GROUP HOMES TO CONFORM WITH THE FLORIDA BUILDING CODE; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.(FIRST READING) (STAFF: PLANNING & ZONING MANAGER) (SEE BACKUP)

Mayor Cooper introduced the Item and opened the floor to public comment.

Seeing no speakers, Mayor Cooper closed the floor to public comment.

MOTION BY COMMISSIONER JULIAN, SECONDED BY VICE MAYOR LEWY, TO APPROVE FIRST READING OF AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 32 OF THE CODE OF ORDINANCES OF THE CITY OF HALLANDALE BEACH ENTITLED ZONING AND LAND DEVELOPMENT CODE BY AMENDING ARTICLE IV ENTITLED DEVELOPMENT STANDARDS, DIVISION 14 ENTITLED RESIDENTIAL CARE FACILITIES, SPECIFICALLY AT SECTION 32-525 ENTITLED DEVELOPMENT STANDARDS IN ORDER TO COMBINE LIVING AND DINING SQUARE FOOTAGE ALLOCATION FOR GROUP HOMES TO CONFORM WITH THE FLORIDA BUILDING CODE; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE; AND TO SCHEDULE SECOND READING FOR JANUARY 22, 2014. The Motion carried on a 5/0 Roll Call vote as follows:

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

NAYS: None

C. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 32 OF THE CODE OF ORDINANCES OF THE CITY OF HALLANDALE BEACH ENTITLED ZONING AND LAND DEVELOPMENT CODE BY AMENDING ARTICLE VIII ENTITLED REZONING, CONDITIONAL USES, VARIANCES, ZONING RELIEF PROCEDURES, SPECIFICALLY AT SECTION 32-965 ENTITLED VARIANCES TO PROVIDE AUTHORITY OF FINAL APPROVAL TO THE PLANNING AND ZONING BOARD FOR NON ADMINISTRATIVE VARIANCES THAT PERTAIN TO MINOR DEVELOPMENT IN ACCORDANCE WITH THEIR RESPONSIBILITIES UNDER CHAPTER 2 OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) (STAFF: PLANNING & ZONING MANAGER) (SEE BACKUP)

Mayor Cooper introduced the Item.

MOTION BY COMMISSIONER LAZAROW, SECONDED BY COMMISSIONER JULIAN, TO APPROVE FIRST READING OF AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 32 OF THE CODE OF ORDINANCES OF THE CITY OF HALLANDALE BEACH ENTITLED ZONING AND LAND DEVELOPMENT CODE BY AMENDING ARTICLE VIII ENTITLED REZONING, CONDITIONAL USES, VARIANCES, ZONING RELIEF PROCEDURES, SPECIFICALLY AT SECTION 32-965 ENTITLED VARIANCES TO PROVIDE AUTHORITY OF FINAL APPROVAL TO THE PLANNING AND ZONING BOARD FOR NON ADMINISTRATIVE VARIANCES THAT PERTAIN TO MINOR DEVELOPMENT IN ACCORDANCE WITH THEIR RESPONSIBILITIES UNDER CHAPTER 2 OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE; AND TO SCHEDULE SECOND READING FOR JANUARY 22, 2014.

Mayor Cooper opened the floor to public comment.

Seeing no speakers, Mayor Cooper closed the floor to public comment.

There being no further discussion by the City Commission, Mayor Cooper called the Question.

MOTION BY COMMISSIONER LAZAROW, SECONDED BY COMMISSIONER JULIAN, TO APPROVE FIRST READING OF AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 32 OF THE CODE OF ORDINANCES OF THE CITY OF HALLANDALE BEACH ENTITLED ZONING AND LAND DEVELOPMENT CODE BY AMENDING ARTICLE VIII ENTITLED REZONING, CONDITIONAL USES, VARIANCES, ZONING RELIEF PROCEDURES, SPECIFICALLY AT SECTION 32-965 ENTITLED VARIANCES TO PROVIDE AUTHORITY OF FINAL APPROVAL TO THE PLANNING AND ZONING BOARD FOR NON ADMINISTRATIVE VARIANCES THAT PERTAIN TO MINOR DEVELOPMENT IN ACCORDANCE WITH THEIR RESPONSIBILITIES UNDER CHAPTER 2 OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE; AND TO SCHEDULE SECOND READING FOR JANUARY 22, 2014. The Motion carried on a 5/0 Roll Call vote as follows:

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

NAYS: None

12. ORDINANCES ON SECOND READING/PUBLIC HEARING

NONE

13. RESOLUTIONS/PUBLIC HEARING

A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF HALLANDALE BEACH, FLORIDA, ACCEPTING A PLAT NOTE AMENDMENT TO THE D&F PERRONE PLAT FOR CERTAIN PROPERTIES WITHIN THE CITY OF HALLANDALE BEACH LOCATED AT 980 EAST HALLANDALE BEACH BOULEVARD IN ACCORDANCE WITH ARTICLE II, DIVISION 2 OF THE CITY OF HALLANDALE BEACH CODE OF ORDINANCES, ZONING AND LAND DEVELOPMENT CODE, AND AUTHORIZING THE TRANSMITTAL OF SAME TO BROWARD COUNTY FOR APPROVAL IN ACCORDANCE WITH ARTICLE VIII, DIVISION 2, SEC. 5-184 OF THE BROWARD COUNTY CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. (STAFF: PLANNING & ZONING MANAGER) (SEE BACKUP)

Mayor Cooper introduced the Item.

MOTION BY COMMISSIONER LAZAROW, SECONDED BY VICE MAYOR LEWY, TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF HALLANDALE BEACH, FLORIDA, ACCEPTING A PLAT NOTE AMENDMENT TO THE D&F PERRONE PLAT FOR CERTAIN PROPERTIES WITHIN THE CITY OF HALLANDALE BEACH LOCATED AT 980 EAST HALLANDALE BEACH BOULEVARD IN ACCORDANCE WITH ARTICLE II, DIVISION 2 OF THE CITY OF HALLANDALE BEACH CODE OF ORDINANCES, ZONING AND LAND DEVELOPMENT CODE, AND AUTHORIZING THE TRANSMITTAL OF SAME TO BROWARD COUNTY FOR APPROVAL IN ACCORDANCE WITH ARTICLE VIII, DIVISION 2, SEC. 5-184 OF THE BROWARD COUNTY CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE.

Mayor Cooper opened the Public Hearing.

Seeing no speakers, Mayor Cooper closed the Public Hearing.

There being no further discussion by the City Commission, Mayor Cooper called the Question.

MOTION BY COMMISSIONER LAZAROW, SECONDED BY VICE MAYOR LEWY, TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF HALLANDALE BEACH, FLORIDA, ACCEPTING A PLAT NOTE AMENDMENT TO THE D&F PERRONE PLAT FOR CERTAIN PROPERTIES WITHIN THE CITY OF HALLANDALE BEACH LOCATED AT 980 EAST HALLANDALE BEACH BOULEVARD IN ACCORDANCE WITH ARTICLE II, DIVISION 2 OF THE CITY OF HALLANDALE BEACH CODE OF ORDINANCES, ZONING AND LAND DEVELOPMENT CODE, AND AUTHORIZING THE TRANSMITTAL OF SAME TO BROWARD COUNTY FOR APPROVAL IN ACCORDANCE WITH ARTICLE VIII, DIVISION 2, SEC. 5-184 OF THE BROWARD COUNTY CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. The Motion carried on a 5/0 Roll Call vote as follows:

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

NAYS: None

14. RESOLUTIONS/CITY BUSINESS

ITEM#14.A. WILL BE HEARD AT 7:15 P.M.

A. ANNUAL REVIEW OF THE EXTENDED HOURS OF OPERATION FOR THE CHEETAH LOCATED AT 100 ANSIN BOULEVARD, PURSUANT TO THE MODIFICATION OF SETTLEMENT AGREEMENT. (STAFF: PLANNING & ZONING MANAGER) (SEE BACKUP)

Mayor Cooper introduced the Item.

MOTION BY VICE MAYOR LEWY, SECONDED BY COMMISSIONER LAZAROW, TO APPROVE THE ANNUAL REVIEW OF THE EXTENDED HOURS OF OPERATION FOR THE CHEETAH LOCATED AT 100 ANSIN BOULEVARD, PURSUANT TO THE MODIFICATION OF SETTLEMENT AGREEMENT.

After further discussion by the City Commission, Mayor Cooper called the Question.

MOTION BY VICE MAYOR LEWY, SECONDED BY COMMISSIONER LAZAROW, TO APPROVE THE ANNUAL REVIEW OF THE EXTENDED HOURS OF OPERATION FOR THE CHEETAH LOCATED AT 100 ANSIN BOULEVARD, PURSUANT TO THE MODIFICATION OF SETTLEMENT AGREEMENT. The Motion carried on a 5/0 Roll Call vote as follows:

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

NAYS: None

B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE 2ND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF HALLANDALE BEACH AND PROGRESSIVE WASTE SOLUTIONS OF FLORIDA, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2ND AMENDMENT TO AGREEMENT IN SUBSTANTIALLY THE SAME FORM AS ATTACHED IN EXHIBIT "A", FOR AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($1,125,000.00); AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS) (SEE BACKUP)

Mayor Cooper introduced the Item.

MOTION BY COMMISSIONER LAZAROW, SECONDED BY VICE MAYOR LEWY, TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE 2ND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF HALLANDALE BEACH AND PROGRESSIVE WASTE SOLUTIONS OF FLORIDA, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2ND AMENDMENT TO AGREEMENT IN SUBSTANTIALLY THE SAME FORM AS ATTACHED IN EXHIBIT "A", FOR AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($1,125,000.00); AND PROVIDING AN EFFECTIVE DATE. The Motion carried on a 5/0 Roll Call vote as follows:

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

NAYS: None

Mayor Cooper spoke concerning the level of contamination of recyclables, and suggested researching a benefit program or education program to discourage contamination.

Director Parkinson, indicated that staff will begin issuing Public Service Announcements (PSAs), flyers and other public education initiatives to reduce contamination; additionally, Director Parkinson noted that the City recyclables are now considered acceptable for sale.

Consensus:

- To direct staff to strategize and create a plan on how to reduce the contamination rate of the recycling products throughout the City.  Research to include marketing outreach (PSAs, PR, etc.) as well as a possible incentive program; recommendations are to be brought back during FY14/15 Budget discussion.  

C. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ADOPT, AND GOVERNOR RICK SCOTT TO SUPPORT SENATE BILL 356, SPONSORED BY SENATOR THRASHER, WHICH HAS LEGISLATIVE CHANGES FULLY RESTORING THE ABILITY OF LOCAL GOVERNMENTS TO REGULATE VACATION RENTALS; PROVIDING DIRECTIONS TO CITY CLERK; AND PROVIDING AN EFFECTIVE DATE (SPONSORED BY MAYOR JOY F. COOPER) (STAFF: CITY CLERK) (SEE BACKUP)

Mayor Cooper introduced the Item and urged her colleagues to support the resolution.

Commissioner Lazarow noted her concerns with enforcement or regulation of vacation rentals such as how this process will work, the costs associated with enforcement and those being impacted negatively.

City Manager Miller noted that the City Commission would craft language to regulate vacation rentals.

MOTION BY VICE MAYOR LEWY, SECONDED BY COMMISSIONER JULIAN, TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ADOPT, AND GOVERNOR RICK SCOTT TO SUPPORT SENATE BILL 356, SPONSORED BY SENATOR THRASHER, WHICH HAS LEGISLATIVE CHANGES FULLY RESTORING THE ABILITY OF LOCAL GOVERNMENTS TO REGULATE VACATION RENTALS; PROVIDING DIRECTIONS TO CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. The Motion carried on a 4/1 Roll Call vote as follows:

AYES: Commissioners Julian and Sanders, Vice Mayor Lewy and Mayor Cooper

NAYS: Commissioner Lazarow

15. ADJOURN

There being no further business before the City Commission, Mayor Cooper adjourned the Meeting at 9:47 P.M.

SUBMITTED BY: Mayor Joy F. Cooper

RECORDING SECRETARY: Sheena D. James, City Clerk

APPROVED BY COMMISSION: January 22, 2014

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