MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, HELD ON WEDNESDAY, MAY 1, 2013 AT 6:30 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 6:09 P.M. in the Commission Chambers.
The City Commission discussed the Calendar of Events scheduled for May 1st, 2013 through June 5th, 2013.
Mayor Cooper advised that she will be out of town on May 22 - 27, 2013, as she will be attending the Mayor’s Innovation Summit in Philadelphia, PA.
There being no further discussion by the City Commission, Mayor Cooper adjourned the Planning & Scheduling Session at 6:38 P.M.
1. CALL TO ORDER
Mayor Cooper called the meeting to Order at 6:40 PM
2. ROLL CALL
Commissioners Julian, Lazarow and Sanders, Vice Mayor Lewy and Mayor Cooper, City Attorney Whitfield and City Manager Miller – All Present.
3. PLEDGE OF ALLEGIANCE
4. PRESENTATIONS
A. PROCLAMATION PROCLAIMING THE MONTH OF MAY 2013 AS "JUST DRIVE" MONTH (STAFF: CITY CLERK) (SEE BACKUP)
The City Commission presented the Proclamation to Ms. Anna Cedeño, CEO, Big Brothers Big Sisters (BBBS) of Broward County, and to Mr. Ronnie Medina, Representative, Class XXXI of Leadership Broward.
Ms. Cedeño and Mr. Medina thanked the City Commission for the Proclamation.
B. PROCLAMATION PROCLAIMING MAY 5 - 11, 2013 AS "MUNICIPAL CLERKS WEEK" (STAFF: CITY CLERK) (SEE BACKUP)
The City Commission presented the Proclamation to Sheena D. James, City Clerk, Leigh-Ann Dawes, Deputy City Clerk and Christopher Talmadge, Administrative Office Assistant I.
C. PROCLAMATION PROCLAIMING MAY 18, 2013 AS "NATIONAL KIDS TO PARK DAY." (STAFF: DIRECTOR OF PARKS & RECREATION) (SEE BACKUP)
The City Commission presented the proclamation to Barbara Southwick, Chair, Ronald Libby, Board Member, and Scott Sheckman, Board Member, Parks and Recreation Advisory Board, and to Cathie Schanz, Director of Parks and Recreation, Melanie Reneau, Recreation Supervisor/Foster Park, Rebecca Munden-Correa, Recreation Programmer and Essie Morgan, Area Coordinator.
Chair Southwick and Director Schanz thanked the City Commission for the Proclamation and highlighted the activities planned for the National Kids to Park Day.
D. PRESENTATION REGARDING ACTIVITIES AT THE VILLAGE AT GULFSTREAM PARK (REPRESENTATIVE, VILLAGE AT GULFSTREAM PARK) CAD#029/04
There was no representative from the Village at Gulfstream Park present.
5. PUBLIC PARTICIPATION - (To be heard at 6:45 P.M.)(Speakers must sign-in with the City Clerk prior to the start of the Meeting.)
Jerry Biller, 900 S Federal Highway, Hallandale Beach, spoke concerning a recent water main break on SE 10th Street and the need to secure the dumpster enclosure at his this property.
Debon Campbell, District Assistant to Representative Shevrin Jones, District 101, invited the
public to attend a Town Hall Meeting hosted by Representative Jones scheduled for Thursday,
May 9th, 6:30-7:30 P.M. at Foster Park, 609 NW 6th Avenue. He further provided information on
House Bill 52, Use of Communications Devices While Driving,
Csaba Kulin, 600 NE 14th Avenue, Hallandale Beach, spoke in support of the procedures for Public Participation and Consent Agenda utilized by the Broward County Board of County Commission. Further, he spoke in support of providing additional opportunities for public participation.
6. COMMISSIONER COMMUNICATIONS - Items not on the Agenda
A. COMMISSIONER JULIAN
Commissioner Julian spoke on the rain event during Saturday, April 27, 2013, and recommended the City’s water pumps located in the area be reprogrammed to an automatic cycle to quickly mitigate flooding in the area.
City Manager Miller noted that the pumps were switched to manual operation due to the frequency of the pumps’ automatic activation and the noise levels emitted from the equipment.
Earl King, Acting Director of Public Works/Utilities & Engineering, provided a status update on FEMA Flood Mitigation Project, which includes the installation of an upgraded water pump system more suitable for the needs of the community.
Mayor Cooper spoke in support of reprogramming the water pump system to be turned on and off automatically.
City Manager Miller noted that staff currently has a process in place to have the water pumps turned on manually in the event of flooding as the Police and Fire Departments monitors the area and notifies the Water Plant Personnel as necessary.
Commissioner Julian advised the City Commission and the public of upcoming events; further, he requested to review the complete file pertaining to the Fire Code Violation Case for the Golden Horn Condomiums, 437 Golden Isles Drive.
Commissioner Julian announced the upcoming 6th Annual Food Drive, which will be held during the Month of May and June 2013.
Commissioner Julian suggested staff coordinate a food drive for Broward County Animal Care during the Month of May 2013.
Consensus:
- To direct staff to coordinate a food drive for Broward County Animal Care until May 15, 2013; and to place a collection box at the Cultural Center and advertise as necessary.
B. COMMISSIONER LAZAROW
Commissioner Lazarow spoke on the need for additional compliance options for Mobile homes that are found in violation of the City’s code.
City Manager Miller advised that staff is researching the feasibility of implementing an amnesty program r to assist residents, and will provide a report to the City Commission when ready.
Commissioner Lazarow spoke on the increase in the number of massage parlors operating within the City and suggested the City establish a moratorium on issuing Business Tax Receipts for these kinds of businesses.
City Attorney Whitfield advised of the process for establishing a moratorium.
Charles Wu, Director of Development Services, advised that the City’s code is stringent regarding regulations for massage parlors; further, the Code Compliance Division conducts monthly verifications of the list of licensed employees within each establishment.
Dwayne Flournoy, Police Chief, spoke on the need for ongoing investigations of massage parlors as a result of Human Trafficking allegations.
Consensus:
- To direct staff to reevaluate the City’s code relating to the establishment and regulation of Massage Parlors; and to bring back recommendations regarding the possible regulation of hours of operations for massage parlors for discussion by the City Commission.
Commissioner Lazarow spoke in support of aiding animal shelters and suggested holding an event for low-cost rabies vaccination and tags for pet owners within the Community.
Consensus:
- To direct staff to research the feasibility of holding an event for low-cost rabies vaccination and tags for pet owners.
C. COMMISSIONER SANDERS
Commissioner Sanders invited the public to attend the Inter-Faith Gathering in honor of the National Day of Prayer, which will be held on May 2nd, 2013, at the City Hall Breezeway at 9:00 A.M., and a Worship Service to be held at the Foster Park, 609 NW 6th Avenue at 5:00 P.M.
At the request of Commissioner Sanders, Cathie Schanz, Director of Parks & Recreation, provided a status update on the reconfiguration of the Teen Center at OB Johnson Park. Ms. Schanz noted that the project is on schedule to be completed by the end of May 2013.
D. VICE MAYOR LEWY
Vice Mayor Lewy spoke in support of upgrading the City’s infrastructure to mitigate flooding in the NE/SE Quadrants.
Vice Mayor Lewy spoke on the need for effective regulation of parking of commercial vehicles on City rights-of-way.
Chief Flournoy advised that the Police actively issue citations for vehicles that are improperly parked; he further advised that some violators have opted to pay the fine and continue to park improperly.
The City Commission discussed the need to reevaluate the City Code regarding towing of vehicles that are repeatedly improperly parked.
City Attorney Whitfield advised that Chapter 28-1(5), Authority to Impound Vehicles, states “…members of the police department are authorized to remove a vehicle from a street to the nearest garage or other place of safety, or a garage designated or maintained by the police department, whenever any vehicle is left unattended upon a street continuously for more than 24 hours…”
Consensus:
- To direct staff to evaluate and pursue additional enforcement options for improperly parked vehicles on a recurring basis.
Answering questions posed by Vice Mayor Lewy, Chief Flournoy briefed the City Commission on the requirements for retention and disposition of Internal Affairs files.
Answering questions posed by Vice Mayor Lewy, City Manager Miller stated that signage at the North Beach City Center will be installed early next week.
Vice Mayor Lewy advised that the Police Department and the Broward County Sheriff’s Office (BSO) are in the process of organizing a “Document Shred” event to assist residents in the disposition of confidential documents.
Consensus:
- To direct staff to follow up with BSO to organize and select a date and place for a “Document Shred” event at the City.
E. MAYOR COOPER
Mayor Cooper spoke on the need to install directional signage along NE 1st Avenue.
Consensus:
- To direct staff to install signs at Fashion Row area directing patrons and property owners to proper exit of commercial facilities, as well as traffic way.
Answering questions posed by Mayor Cooper, City Manager Miller provided an update regarding the recommended Crime Prevention through Environmental Design (CEPTED) improvements for the Three Islands Bridge and removal of trash underneath the bridge.
7. CITY ATTORNEY COMMUNICATIONS - Items not on the Agenda
At the request of the City Commission, City Attorney Whitfield advised that House Bill 52, Use of
Communications Devices While Driving, passed in the House of Representatives and was now
returned to the Senate for amendment.
8. CITY MANAGER COMMUNICATIONS - Items not on the Agenda
City Manager Miller advised that the City request for grant funding in the amount of
$500,000 for the SE/SW Drainage Project which was submitted to the House of Representatives
was approved and included within the State’s recommended budget. However, this proposed
budget still needs to be approved by the Governor.
City Manager Miller thanked Chief Flournoy and staff for their participation in the
American Cancer Society Relay for Life Fundraising Event and stated the event was successful
in raising $36,000.
City Manager Miller advised that Chief Flournoy was recognized by the Miami Media &
Communications Group, Inc. as one of the ‘Most Influential Black Leaders for 2013.’
9. APPROVAL OF DRAFT MINUTES
A. APRIL 17, 2013 CITY COMMISSION MEETING
MOTION BY VICE MAYOR LEWY, SECONDED BY COMMISSIONER LAZAROW, TO APPROVE THE DRAFT MINUTES OF THE APRIL 17, 2013 MEETING. The Motion carried on a 5/0 Voice vote.
10. CONSENT AGENDA
MOTION BY COMMISSIONER LAZAROW, SECONDED BY VICE MAYOR LEWY, TO APPROVE THE CONSENT AGENDA. The Motion carried on a 5/0 Voice vote.
A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AWARDING BID #FY2012-2013-004, A1A WATER MAIN PROJECT, TO THE LOWEST, RESPONSIBLE, RESPONSIVE BIDDER, INLAND CONSTRUCTION AND EQUIPMENT INC., IN THE AMOUNT-NOT-TO-EXCEED NINE HUNDRED AND SEVENTY-SIX THOUSAND TWO HUNDRED AND SEVENTY-THREE DOLLARS ($976,273.00); AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH INLAND CONSTRUCTION AND EQUIPMENT INC.; AUTHORIZING AN ADDITIONAL TEN PERCENT (10%) CONTINGENCY FOR UNFORESEEN CIRCUMSTANCES; AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: ACTING DIRECTOR OF PUBLIC WORKS/UTILITIES & ENGINEERING) (SEE BACKUP)
11. ORDINANCES ON FIRST READING
A. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, REPEALING IN ITS ENTIRETY CHAPTER 23, AND CREATING A NEW CHAPTER 20. ENTITLED "PROPERTY" AND A NEW CHAPTER 23, "PROCUREMENT CODE"; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF GENERAL SERVICES) (SEE BACKUP)
Mayor Cooper requested that staff to transmit the ordinance to surrounding municipalities as a best practice model upon its approval.
City Manager Miller introduced the Item and turned the presentation over to staff. Andrea Lues, Director of General Services, gave a presentation outlining the revisions made based on the City Commission’s directive at the Workshop held on April 3rd, 2013. Director Lues highlighted revisions to the Community Benefit Plan, Domestic Partnership and application of the Local Vendor Preference utilizing a tiered system.
City Manager Miller stated that based on recommendations from Commissioner Lazarow, it is advised that the Commission consider amending Division 2, Purchase and Conveyance of Real Property, Page 7, line 228 as follows:
“…City Manager shall report each such disposition of property in a memorandum to the City Commission within five (5) working days after the disposition. place a notation on the agenda of the next regularly scheduled City Commission meeting advising of the disposition of the property.”
Lines 1092-1096 to be amended as follows:
“…A full report of the circumstances of all emergency purchases shall be filed by the City Manager with the City Commission. The City manager shall place a notation on the agenda of the next regularly scheduled City Commission meeting advising of the emergency purchase.”
The City Commission discussed the proposed changes and the placement of the notation on the Agenda under City Manager Communications.
Mayor Cooper spoke in opposition of the proposed language change to the Ordinance noting that the policy can be instituted as part of an Administrative Policy rather than being placed in the Code.
MOTION BY COMMISSIONER LAZAROW TO AMEND THE ORDINANCE AS READ INTO THE RECORD BY THE CITY MANAGER; AND TO DIRECT THE CITY MANAGER TO PLACE THE REPORT OF THE TRANSACTIONS UNDER THE CITY MANAGER COMMUNICATIONS SECTION OF THE AGENDA.
Commissioner Julian Seconded the Motion for discussion.
After further discussion by the City Commission, Mayor Cooper called the Question.
MOTION BY COMMISSIONER LAZAROW, SECONDED BY COMMISISONER JULIAN, TO AMEND THE ORDINANCE AS READ INTO THE RECORD BY THE CITY MANAGER; AND TO DIRECT THE CITY MANAGER TO PLACE THE REPORT OF THE TRANSACTIONS UNDER THE CITY MANAGER COMMUNICATIONS SECTION OF THE AGENDA. The Motion carried on a 4/1 Voice vote (Mayor Cooper voted No).
Vice Mayor Lewy suggested staffs revise lines 486 to 555 of the draft Ordinance to include the verbatim language as detailed in the Broward County Ordinance and to direct staff to bring back the Item with the revisions on Second Reading for discussion.
The City Commission discussed the inclusion of language regarding Domestic Partner Benefits Requirements to mirror the language in the Broward County Ordinance.