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MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, FEBRUARY 20, 2008 AT 7:00 PM

1. CALL TO ORDER

Mayor Cooper called the meeting to order at 7:10 P.M.

2. ROLL CALL

Commissioners London, Ross and Schiller, Vice Mayor Julian, Mayor Cooper, City Manager Good and City Attorney Jove.

It is noted that about 35 persons were in the audience at the beginning of the meeting.

3. PLEDGE OF ALLEGIANCE

4. PRESENTATIONS AND REPORTS

A. Proclamation Proclaiming 2-1-1 Broward Day

Mayor Cooper presented the Proclamation to Police Chief Magill. Police Chief Magill noted the importance of the 2-1-1 Broward County 24 hour Comprehensive Helpline.

Mayor Cooper presented a Proclamation proclaiming Rotary International Day to Fire Chief Sullivan, President of the Hallandale Beach – Aventura Rotary Club, Rotarian Edward Faircloth and other Rotarians in the audience.

B. Parks and Recreation Summary Report

Parks and Recreation Director Rebecca Munden-Correa presented the report.

Mayor Cooper noted the Love and Jazz festival held on Saturday, February 16, 2008 was a successful event, raising funds for the Future Foundation.

5. PUBLIC PARTICIPATION

David Messinger, 401 NW 10 Terrace, asked about the proposed use of the City owned property on Ansin Blvd. no longer intended for a solid waste transfer station. He also stated his preference for evening Commission meetings.

City Manager Good stated the site was always intended to be a dual site with transfer station and public works uses. A recommendation will be forthcoming which could include a use that would generate revenue to the City.

Sonny Rosenberg, 466 Holiday Drive, spoke about the City’s tree ordinance. He recommended the City support planting of shade trees to enhance the City’s tree canopy and suggested revisiting the ordinance.

Further, the recycling of newspapers should be better enforced.

He also noted that landscaping companies do not all have the company’s name on their vehicles and Occupational License requirements should be enforced.

Ed Napolitano, 100 Golden Isles Drive, inquired about the full depth reclamation paving project on Golden Isles Drive and further noted he favored planting palm trees over shade trees. City Manager Good stated the full depth reclamation project was anticipated to begin on March 10, 2008 and take about one week.

Andrew Markoff, 705 SW 2 Court, stated he did not understand the reason for Item # 7.B. pertaining to the Police and Fire Pension Board of Trustees.

6. CONSENT AGENDA

A. Approval of Minutes - Regular Meetings of August 14, 2007, September 5, 2007, September 19, 2007, October 3, 2007 and October 17, 2007

Commission London requested to pull items 6.A and 6.B from the Consent Agenda.

Commissioner London asked if there was a policy pertaining to the time period for completing the official meeting minutes from City Commission meetings. City Manager Good stated the City Clerk’s Office endeavors to complete the minutes within 60 days following the Commission meeting.

Commissioner London noted a correction for the minutes of October 3, 2007, page 7. The Design Institute training program is a 2 day program.

NOTE: CITY CLERK OFFICE TO AMEND THE MINUTES TO REFLECT THE

CORRECTION

Commissioner London requested that the number of persons in attendance at City Commission meetings be noted and included in the meeting minutes. This information is particularly needed since the 6 month evening meeting trial period was started.

B. Pursuant to Chapter 23, Section 23-105, Hallandale Beach Code of Ordinances, Authorize Bid # FY 2006-2007-005, Northwest/Southwest 8th Avenue Improvements to Tenex Enterprises, Inc. in the amount of $545,365.

Commissioner London asked about traffic signal synchronization. City Manager Good noted the improvements to West Hallandale Beach Blvd. should include the installation of a traffic signal synchronization system; however, said installation by FDOT is not anticipated until 2014 for both East and West Hallandale Beach Blvd. Accordingly, if the City and FDOT are able to enter into an Agreement for the City to install the synchronization system (with future reimbursement from FDOT and Development Agreements), the installation could be completed in 2010.

Commissioner Schiller noted there is an inadequate amount of time on the crossing light for pedestrians to safely cross State Road A1A at the Hemispheres Condo. City Manager Good noted this would be discussed with FDOT.

In response to inquires from Commissioner London, City Manager Good described the unsafe conditions at the 7-11 Food Store on S.W. 8th Ave. and West Hallandale Beach Blvd. and measures to enhance the safety.

Further, safety concerns were expressed regarding traffic making a left hand turn onto the westbound lanes of West Hallandale Blvd. from S.W. 7th Avenue.

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

7. PUBLIC HEARINGS

A. An Ordinance of the City of Hallandale Beach, Florida, Amending Chapter 32, Article V, of the City of Hallandale Beach Code of Ordinances, the “Land Development and Zoning Code”; Amending Section 32-790, “Time Limits and Revisions”; Providing for Conflicts, Providing for Severability; Providing for an Effective Date

City Manager Good noted 12 months is not a sufficient period of time for issuance of a building permit following site plan approval and related requirements. Modification of the 12 month requirement is recommended, as further discussed in the staff report and proposed ordinance amendment. Further, the proposed amendment clarifies time limits related to above-ground principal use. In regard to Flex Units, they are reverted to the City and do not run with the land should a project not proceed as approved. The City Attorney will review ordinance pertaining to retroactivity.

In response to questions from Commissioner London, City Manager Good clarified the meaning of line 96 pertaining to “good cause” and line 83 pertaining to 7 years.

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

Mayor Cooper stated that the timelines within Development Agreements would govern the development project if in conflict with the Ordinance.

City Manager Good indicated the following changes:

Line 15: add “include” after the word “permits”

Line 17: add “Board” after the word “Zoning”

Line 61: remove section 4.

Line 82: add “above ground” before “principal use”.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SCHILLER TO APPROVE ON FIRST READING An Ordinance, AS AMENDED per discussion above, of the City of Hallandale Beach, Florida, Amending Chapter 32, Article V, of the City of Hallandale Beach Code of Ordinances, the “Land Development and Zoning Code”; Amending Section 32-790, “Time Limits and Revisions” AND SETTING SECOND READING DATE FOR MARCH 5, 2008. The motion carried by a roll call vote as follows:

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

NAYS: None

B. An Ordinance of the City of Hallandale Beach, Florida, Amending Ordinance 2004-09, The Hallandale Beach Police and Fire Pension Plan to Provide for the Authority for Two Commissioners to Serve as Members on the Police and Fire Pension Board of Trustees; Providing for Conflicts; and Severability

Mayor Cooper noted that Special Counsel David Tolces is present to represent the City.

City Manager Good noted the proposed ordinance has been redrafted and is presented for First Reading.

Special Counsel Tolces explained the difference between the first and second versions of the proposed ordinance. The two commissioners are assigned specific ex-officio duties so dual office holding cannot be a question and there is consistency with Florida Law. Attorney Tolces noted the letter from Attorney Braverman pertaining to the item affecting employee benefits is not applicable to this action. Attorney Tolces stated this ordinance is wholly consistent with the Florida Constitution, Florida Statutes, and City Charter.

Mayor Cooper opened the Public Hearing.

Judy Selz, 717 Layne Blvd, noted the proposed ordinance will not permit two residents to serve as members of the Board of Trustees and expressed a conflict of interest concern about the Commissioners adopting the City budget which provides for funding of the pension plans and serving on the Pension Board. She stated a referendum is needed to make this change and questioned why an outside attorney was needed.

Mayor Cooper responded to Ms. Selz comments. Mayor Cooper stated that the issues leading up to placing this item on the agenda were not brought forward by the union but were brought forward by a member of the City Commission.

Charlie Cowie, 241 SW 9 Avenue, noted the Commission has a fiduciary responsibility to the community and it makes logical sense for members of the City Commission to serve on the Pension Board.

Michael Braverman, 2650 West State Road 84, Attorney, Broward County Police Benevolent Association, stated the Police Benevolent Association was not asked about this issue and that this is a bargaining issue which cannot be unilaterally changed. Attorney Tolces requested that attorney Braverman provide legal information supporting his position and Mr. Tolces would review it.

Jeff Murano, 2650 West State Road 84, asked if an impact statement was going to be provided. He stated the Florida Division of Retirement must approve any Ordinance change.

Arturo O’Neill, 502 Holiday Drive, stated that the Commission should not be on the Board. The Commission should trust residents to be on the Pension Board since the Commission has the final say on funding the Pension Plan.

Andrew Markoff, 705 S.W. 2nd Court, questioned why the City Commission would prohibit other residents from serving on the Board.

Mayor Cooper noted the City was not aware that Alan Miller is no longer a resident of the City of Hallandale Beach.

Enrique Betancourt, 401 S.W. 4th Avenue, stated that residents, not City Commissioners, should be on the Board.

Alex Vera, PBA representative, noted a legal battle is coming and Officer Gary McVey, PBA representative, spoke against the ordinance.

Alex Lewy, 401 NE 14 Ave, noted the Ordinance language is inflexible and does not enable residents to serve on the Board.

Carlos Simmons, 120 Golden Isles Drive, noted Commissioners serving on the Board seems unethical.

Scott McClosky, Fire Employee, spoke against the ordinance and stated the matter could only be changed by referendum.

Attorney Tolces noted the City Charter is not being amended and therefore Section 9.01(c) of the Charter does not apply.

Jim Bunce, Fire Union Representative, spoke against the ordinance.

Seeing no other speakers, Mayor Cooper closed the Public Hearing.

Mayor Cooper noted the Board oversees the fund investments and is not involved in negotiation of the pension benefits.

Commissioner London stated he brought this issue forward following attendance at a State Division of Management workshop regarding pension boards. Of the 220 Pension Plans in the State, 8 Plans have elected officials serving on the Board.

Commissioner London inquired about the penalty for dual office holding. Attorney Tolces stated there are no penalties; however, a penalty would involve a declaratory action by a court.

City Manager Good noted a majority of cities in Florida participate in the State Retirement System. The State Retirement Plan is different from the City’s Police & Fire Pension Plan, where the City guarantees the pension and therefore has a fiduciary responsibility, not only to the retirees, but to the public. That is why there are not many Mayors or Commissioners serving on pension boards which are part of the State Retirement System. Further, the City Commission as a body did not bring this matter forward; there was no intent to change the Ordinance precluding residents from serving on the Board. However, now that this issue has been brought forward, this is a matter of the City and unions working together, as done in the past. The City guarantees the pension. There was an impact statement prepared and approval of the Ordinance is recommended.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO APPROVE ON FIRST READING An Ordinance of the City of Hallandale Beach, Florida, Amending Ordinance 2004-09, The Hallandale Beach Police and Fire Pension Plan to Provide for the Authority for Two Commissioners to Serve as Members on the Police and Fire Pension Board of Trustees AND SET THE SECOND READING FOR MARCH 5, 2008. The motion carried by a roll call vote as follows:

AYES: Commissioner Ross; Vice Mayor Julian; Mayor Cooper

NAYS: Commissioners London and Schiller

C. An Ordinance of the City of Hallandale Beach, Florida, Proposing to the Electors of the City an Amendment to the City Charter Section 3.08(1) to Eliminate the One (1) Year Post Employment Restriction that Provides that no Former Commissioner shall Hold any Compensated Hallandale Beach City Office or Hallandale Beach City Employment Until One (1) Year After the Expiration of the Term for Which he was Elected to the Commission; Placing the Question on the Ballot on November 4, 2008; Providing a Ballot Title and Ballot Language; Providing for Conflict; Providing for Severability; Providing for an Effective Date

City Manager Good provided background on the item.

Mayor Cooper stated she does not support elimination of the restriction as it serves a purpose.

Mayor Cooper opened the Public Hearing.

Charlie Cowie, 241 SW 9 Ave, supported the ordinance.

Seeing no other speakers, Mayor Cooper closed the Public Hearing.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS MADE TO APPROVE ON FIRST READING An Ordinance Proposing to the Electors of the City an Amendment to the City Charter Section 3.08(1) to Eliminate the One (1) Year Post Employment Restriction that Provides that no Former Commissioner shall Hold any Compensated Hallandale Beach City Office or Hallandale Beach City Employment Until One (1) Year After the Expiration of the Term for Which he was Elected to the Commission; Placing the Question on the Ballot on November 4, 2008; Providing a Ballot Title and Ballot Language AND SETTING SECOND READING FOR MARCH 5, 2008. The motion carried by a roll call vote as follows:

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

NAYS: Mayor Cooper

Mayor Cooper recessed the meeting at 9:56 P.M.

8. CITY BUSINESS

A. Discussion of Zoning Code Section 32-453(d) entitled, "Wheel stops."

City Manager Good provided background on the item and noted staff would review requirements on a case-by-case basis and advise the City Manager. The recommendation is to make no modifications to the Code regarding “wheel stops” and alternatives be addressed on a case-by-case basis through either an administrative variance, as provided in Article VIII, Section 32-965 of the Code of Ordinances, or during the development review process.

In response to an inquiry by Commissioner London, Richard Cannone, Director, Development Services, advised that 9 ft. X19 ft. is the interior measurement of a parking space.

Commissioner London noted there are parking safety issues at the Publix Shopping Center across from RK Diplomat. Parking islands need to be addressed. Furthermore, he inquired if neighboring property owners were notified of the variance request.

Director Cannone stated the parking lot application has just been received and is being evaluated. Then, applicable property owners would be notified.

Commissioner London inquired if the administrative variance procedure contained in Article VIII of Section 32-965 of the City Code was followed in regard to removal of the wheelstops at the RK Diplomat Center. City Manager Good discussed the process.

Commissioner Schiller discussed ensuring handicap parking requirements are in compliance and Vice Mayor Julian stated reviewing the applications on a case by case basis is appropriate.

City Manager Good stated the parking space issues at the RK Diplomat are being addressed.

Mayor Cooper noted Publix Super Market was to have a place for storing shopping carts when the liquor store was approved. City Manager Good noted the store will be installing the storage areas.

NOTE: NO ACTION WAS TAKEN ON THIS ITEM. CITY MANAGER TO PROCEED AS RECOMMENDED IN STAFF REPORT, IN ACCORDANCE WITH CODE REQUIREMENTS

B. Pursuant to Chapter 23, Section 23-107(6), Bids and Contracts from Other Entities, Hallandale Beach Code of Ordinances, Request Authorization to Award a Contract to Florida Highway Products, Inc., in the amount of $540,290.00 for the Full Depth Reclamation of Golden Isles Drive, CIP # 82-20-03.

City Manager Good discussed the item and recommended approval.

Commissioner London received clarification on the budget for the entire project.

In regard to parking on Golden Isles Drive, there are 78 parking spaces now; how much landscaping and how many total parking spaces to be determined following community input.

A community meeting will be held in advance of initiating the paving project.

NOTE: COMMISSION TO BE INVITED TO ATTEND THE COMMUNITY MEETING REGARDING THE FULL DEPTH RECLAMATION PROJECT

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SCHILLER TO AWARD A CONTRACT TO FLORIDA HIGHWAY PRODUCTS, INC., in the amount of $540,290.00 for the Full Depth Reclamation of Golden Isles Drive. The motion carried by a voice vote, 5/0.

C. Discussion of Placing Candidate Campaign Finance Reports on the City's Website

Commissioner London explained the reason for the agenda item.

Mayor Cooper supported this item and requested that the Candidate Campaign Finance Reports from the two most recent elections be placed on the City’s website. Vice Mayor Julian concurred. A disclaimer will accompany the reports that the City is not responsible for the accuracy of the information as submitted by the candidates.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSSIONER ROSS TO APPROVE PLACEMENT OF THE CANDIDATE CAMPAIGN FINANCE REPORTS FROM THE LAST TWO ELECTIONS ON THE CITY’S WEBSITE. The motion carried by a voice vote, 5/0.

NOTE: CANDIDATE CAMPAIGN FINANCE REPORTS FROM THE MARCH, 2003 AND MARCH, 2005 LOCAL ELECTIONS TO BE PLACED ON THE WEBSITE. INFORMATION WILL BE POSTED ON A QUARTERLY BASIS.

D. Discussion of the City's Building Moratorium

Mayor Cooper noted the Building Moratorium should be reinstated as the City’s Master Plan has not been finalized and an Affordable Housing Ordinance and a Green Building Ordinance have not been completed. She recommended the moratorium be implemented for six months.

The new Moratorium Ordinance will be in substantially the same form as the prior Moratorium Ordinance.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SCHILLER TO APPROVE THE PLACEMENT OF A SECOND MORATORIUM ORDINANCE ON THE AGENDA AND BRING BACK FOR FIRST READING ON MARCH 5, 2008. The motion carried by a voice vote, 5/0.

9. MONTHLY REPORTS

Commissioner London asked if there is a policy about how quickly public record requests are processed. City Manager Good responded, noting the time for filling the request depends upon the type and amount of information requested. Some of the requests require volumes of records. City Clerk McGough outlined the administrative policy for processing the requests. Commissioner London stated that the State Statutes do not include a requirement for review of the requested records by the City Attorney and the City Manager’s Office. City Manager Good explained why a review by the City Attorney and the City Manager is in the best interest of the City. City Attorney advised that the existing procedure helps ensure the appropriate information is provided to the public. Mayor Cooper stated that the administration of public records requests by the City Manager in accordance with policy and State Statutes is appropriate.

Commissioner London requested the status of the issuance of the City Code Supplement and City Clerk McGough noted it is a priority and is anticipated to be completed within about six weeks.

Commissioner London inquired about receiving the minutes from the Boards and Committees. It was noted that the minutes are being distributed once approved.

Commissioner Ross noted that in the Police monthly report a city vehicle was stolen from a City facility. She inquired if surveillance cameras will be added to the area. City Manager Good stated the cameras are being installed in various City facilities and in other public areas around the City.

There was a discussion regarding the extent of the minutes submitted from Advisory Boards and Committees. Mayor Cooper stated the important information would be motions and recommendations for City Commission consideration.

MOTION BY VICE MAYOR JULIAN SECONDED BY COMMISSIONER SCHILLER FOR BOARDS AND COMMITTEES TO PROVIDE ACTION MINUTES INSTEAD OF VERBATIM MINUTES. The motion carried by a voice vote, 5/0.

NOTE: BOARD AND COMMITTEE ADMINISTRATIVE POLICY WAS PREVIOUSLY AMENDED TO INCLUDE BOARDS AND COMMITTEES ARE TO PROVIDE ACTION MINUTES

10. COMMISSIONER REPORTS

Mayor Cooper noted that the Broward County School Board Interlocal Agreement pertaining to concurrency was found insufficient by the State Department of Community Affairs. City Manager Good is to review.

Commissioner London noted about 20 residents attended his second Commissioner Workshop.

There was discussion regarding the periodic community meetings held by Commissioner London. These meetings should not be referred to as “workshops” as a workshop is a specific type of Commission meeting as described in Section 2-34 of the City Code. Rather, the meetings should be called an “open office” session or a “discussion” session. City Attorney Jove agreed with the name change and commented about the importance of not violating the Sunshine Law.

MOTION BY VICE MAYOR JULIAN, SECONDED BY SCHILLER TO CHANGE THE NAME OF COMMISSIONER LONDON’S COMMUNITY WORKSHOP TO COMMUNITY “DISCUSSION” SESSION OR SIMILAR NAME. The motion carried by a voice vote, 5/0.

NOTE: COMMISSIONER LONDON TO CONFER WITH THE CITY ATTORNEY ONCE A NAME FOR THE COMMUNITY SESSIONS HAS BEEN DETERMINED

It is noted that 4 persons were in the audience at approximately 11:35 P.M.

11. OTHER

Mayor Cooper provided an update on a productive meeting with Senator Garcia regarding beach renourishment. The Parker Dorado Condo has a petition regarding the need for taking action to preserve the beach.

Vice Mayor Julian stated the Love and Jazz Festival was a success. More than 3,000 people attended. Mayor Cooper noted the event supports the Future Foundation.

Commissioner London noted the Supervisor of Elections Office followed up on his question from the last meeting and there are 17,955 registered voters in Hallandale Beach.

The Parking Garage at North Beach will begin charging $1.00 an hour effective next week. City Manager Good is to provide the cost of an Annual Parking Pass.

Commissioner London commented about street lights which are out. City Manager Good noted FPL is to be contacted at 1-800-OUTAGE.

Commissioner London stated that the amber flashing lights associated with Hallandale Elementary School Zone on S.W. 3rd Street and S.W. 6th Avenue are not working. City Manager Good will handle this concern.

Commissioner London inquired about the installation of cameras ongoing at City facilities. The entire Commission is to be provided the list of locations and costs and the procedural manual associated with the camera system before the system is operational.

City Attorney Jove requested Special Meetings/Executive Sessions regarding the USA Express cases, as follows: USA Express vs. the City and Domus (four cases) and Micky Biss vs. the City (one case). Outside counsel to attend, as needed. The Special Meetings/Executive Sessions will be scheduled.

City Manager Good noted that FDOT would like Forest City to place a traffic signal on West Hallandale Beach Blvd. at I-95 which would impact the flow of traffic on the northbound ramp to I-95. City Manager Good stated this would worsen the existing traffic conditions. Mayor Cooper stated the MPO does not support this measure and will not fund it.

MOTION BY COMMISSIONER SCHILLER, SECONDED BY VICE MAYOR JULIAN TO OPPOSE THE INSTALLATION OF A TRAFFIC SIGNAL GOVERNING THE MOVEMENT OF TRAFFIC NORTHBOUND ONTO I-95 FROM WEST HALLANDALE BEACH BOULEVARD. The motion carried by a voice vote, 5/0.

City Manager Good noted the Broward County Property Appraiser’s Office has increased by 300% the charge for processing non-ad valorem assessments to be included on TRIM notices. An increase for ad valorem assessments is also anticipated.

City Manager Good clarified that the Hallandale Beach PAL is not making telephone solicitations.

City Manager Good stated the Special Workshop Meeting held on February 19, 2008 regarding generators and also the CRA was beneficial.

Commissioner London noted the dedication of the new Water Membrane Plant was scheduled for Monday, February 25, 2008.

City Manager Good noted a Special Workshop Meeting of the Commission is scheduled for Wednesday, February 27, 2008 to discuss the City Comprehensive Master Plan, Lower East Coast Water Plan, and Comprehensive City Traffic Study.

Commissioner London noted there were 4 people in the audience at 12:06 A.M.

Commissioner Schiller noted a Fashion Show is scheduled for March 11, 2008 at noon at Tatiana’s with proceeds to the benefit the Hallandale Beach Symphonic Pops Orchestra.

Mayor Cooper announced an Antique Show and Sale is scheduled for this Saturday and Sunday at the Cultural Center to benefit PAL programs.

Mayor Cooper adjourned the meeting at 12:07 A.M.

RESPECTFULLY SUBMITTED,

_______________________

Mayor

ATTEST:

________________________

City Clerk

RECORDING SECRETARY: Shari Canada

APPROVED BY COMMISSION: ________________________

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