MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, SEPTEMBER 17, 2008 AT 1:30 PM, CITY COMMISSION CHAMBERS

1.  CALL TO ORDER

Mayor Cooper called the meeting to order at 1:44 PM

2.  ROLL CALL

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

3.  PLEDGE OF ALLEGIANCE

4.  PRESENTATIONS AND REPORTS

A.  Parks and Recreation Summary Report

Report presented by Bob Williams, Assistant Director, Parks and Recreation.

5.  PUBLIC PARTICIPATION

No speakers

6.  MONTHLY REPORTS

Commissioner London asked about attendance of Planning and Zoning Board Members. Deputy City Clerk Canada advised there are no issues with attendance of Planning and Zoning Board Members.

Mayor Cooper noted if members comply with the Board and Committee Administrative Policy then members should continue to serve.

Commissioner London stated that members of Boards and Committees should arrive on time to meetings. City Manager Good noted if the member is making an attempt to be present and calling before the meeting then the member is in compliance with the policy.

Commissioner London asked about processing of public records requests for e-mails. City Manager Good explained the process and noted how the request is received does not matter. All requests are processed in accordance with Administrative Policy.

Commissioner London asked if the Commission is notified of retirements, hiring and firing of employees. City Manager Good advised the Commission is notified about Directors and Assistant Directors.

Commissioner London asked about the status of hiring a Landscape Architect. City Manager Good noted the City is proceeding through the hiring process and the Commission will be notified when the position is filled.

Commissioner London asked if RK Diplomat Mall was cited for tree abuse and asked for a copy of any violation(s). City Manager Good advised a copy would be provided.

Commissioner London spoke positively about the removal of the sunken boat from a canal in Golden Isles and asked who is being billed. City Manager Good advised the City will bill the property owner and/or slip owner. Commissioner London noted the house is in foreclosure. City Manager Good noted the property would have a lien filed against it in order to recoup the costs.

Commissioner London noted there is trash in the Golden Isles Drive Canal and inquired about the schedule for cleaning. City Manager Good noted it is cleaned on a weekly basis and that most of the trash collected is landscaping debris. He further noted trash will continue to be an issue because of the bridge and culvert and that a way of addressing this would be to remove the culvert and let the water move freely.

7.  COMMISSIONER REPORTS

Mayor Cooper stated she testified before the Board that approves the Florida Communities Trust grants. She noted the Board is looking for projects with a focus on water, marine life and birds. She suggested the City use the master plan vision to enhance future grant applications and that Chaves Lake should be considered based on State grant priorities.

City Manager Good stated the Commission has not provided specific direction on a park at Chaves Lake. Further, matching funds for grants have been budgeted as part of the budget process.

Commissioner Ross noted the Day of Remembrance for September 11th and suggested that the observance be better promoted.

8.  OTHER

Mayor Cooper noted the NW/SW 8th Avenue Intersection Improvements Mode of Transportation has been received by the Commission.

Mayor Cooper noted she received a letter from Gulfstream Park commending the Police Command Staff and the assistance of the Police Department during events.

In response to questions from Mayor Cooper, City Manager Good provided a status of the dog parks at Golden Isles Park and Bluesten Park.

Mayor Cooper noted Marilyn Santiago from Hallandale High School contacted her and advised the school is holding a Hurricane Ike relief drive and requested donations be received by September 22, 2008.

Commissioner London left the dais at 2:24 PM

Commissioner London returned at 2:27 PM

City Attorney Jove called for an Executive Session for September 18, 2008 at 10:00 AM regarding the case of Keith London versus the City of Hallandale Beach. Commissioner London requested to receive a phone call at the conclusion of the Executive Session so he could participate in the Special Meeting portion.

Commissioner London noted he attended a ribbon cutting ceremony at Golden Beach. He was presented with a plaque to the City for mutual aid and mutual training and the Key to the City of Golden Beach.

Commissioner London advised he attended a meeting at the Hollywood Cultural Center regarding Hollywood Boulevard construction and noted there will be only two north-south cross streets between A1A and U.S.-1 during the construction period.

Commissioner London advised he attended a meeting about traffic calming devices and use of traffic tables. City Manager Good noted there are different techniques for determining the need for traffic calming devices and each situation is different. The use of traffic calming devices needs to be evaluated in each situation.

In response to a question from Commissioner London, City Manager Good noted the sanitation study is nearing completion and will be provided to the Commission upon completion.

Commissioner London asked about placing executive sessions and special meetings on Municode’s website. City Clerk McGough advised once approved by the Commission minutes will be sent to Municode for inclusion on the website.

In response to a question from Commissioner London, City Manager Good advised the City Clerk’s office addresses priorities on a daily basis and minutes are completed in accordance with the priorities.

Mayor Cooper recessed the meeting at 2:39 P.M.

Mayor Cooper reconvened the Regular Meeting at 10:15 P.M. This was following the conclusion of the Special Meeting-Public Hearing on the Budget scheduled for 6:30 P.M.

Mayor Cooper asked for an update of the proposed development in Hollywood at the Genet Property next to the Hallandale Beach Fire House on the beach. City Manager Good noted staff is monitoring the project and if needed will bring back for Commission action.

Mayor Cooper discussed the Police and Fire Pension fund and noted the actuarial report is forthcoming.

9.  PUBLIC PARTICIPATION

No Speakers

10.  CONSENT AGENDA

A.  Discussion of Items from Afternoon Portion of Meeting

City Clerk McGough reviewed the discussion by the Commission from the afternoon portion of the Meeting. He noted there were no motions by the Commission.

B.  Approval of Minutes - Special Joint Meeting with City of Hollywood June 11, 2008 and Regular Meeting of June 18, 2008

MOTION BY COMMISSIONER ROSS, SECONDED BY VICE MAYOR JULIAN TO APPROVE CONSENT AGENDA. The motion carried by a voice vote, 4/1 with Commissioner London voting no.

Commissioner London asked for the minutes of the June 18, 2008 Regular Meeting to be reconsidered.

MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER ROSS TO RECONSIDER VOTE ON MINUTES. The motion carried by a voice vote, 5/0.

Commissioner London stated the motion as related to the donation of a pumper truck was incorrect. The donation of the pumper truck was not a part of the motion and requested the minutes be corrected accordingly.

Vice Mayor Julian noted it was clear the intention was to donate the pumper truck and did not agree with the change to the minutes. Commissioner London noted he would not have supported the donation of the pumper truck and recommended reconsidering the motion.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER LONDON TO RECONSIDER THE AUTHORIZATION TO PURCHASE OF A 2008 REPLACEMENT PUMPER IN THE AMOUNT OF $445,540 USING THE FLORIDA SHERIFFS ASSOCIATION BID AND AUTHORIZE THE BALANCE OF THE FUNDS TO PURCHASE A REPLACEMENT COMMAND VEHICLE AND FURTHER AUTHORIZE DONATION OF THE 20 YEAR OLD PUMPER TO A VOLUNTEER FIRE DEPARTMENT TO BE DETERMINED BY THE CITY MANAGER. The motion carried by a voice vote, 5/0.

Commissioner London noted he is voting no on the item because he does not support the donation of the pumper truck and thinks it should be auctioned and the money gained from the sale used to offset the purchase of the command vehicle.

Vice Mayor Julian stated the City has supported, by resolution, the donation of fire equipment to volunteer fire departments in the United States. Furthermore, this is an opportunity to save lives by providing a pumper truck to a volunteer fire department which cannot afford to buy needed equipment.

MOTION BY COMMISSIONER ROSS, SECONDED BY VICE MAYOR JULIAN TO AUTHORIZE THE PURCHASE OF A 2008 REPLACEMENT PUMPER IN THE AMOUNT OF $445,540 USING THE FLORIDA SHERIFFS ASSOCIATION BID AND AUTHORIZE THE BALANCE OF THE FUNDS TO PURCHASE A REPLACEMENT COMMAND VEHICLE AND FURTHER AUTHORIZE DONATION OF THE 20 YEAR OLD PUMPER TRUCK TO A VOLUNTEER FIRE DEPARTMENT TO BE DETERMINED BY THE CITY MANAGER. The motion carried by a voice vote, 4/1 with Commissioner London voting no.

MOTION VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO APPROVE MINUTES OF THE JUNE 18, 2008 REGULAR MEETING. The motion carried by a voice vote, 5/0.

11.  PUBLIC HEARINGS

A.  An Ordinance Of The City Of Hallandale Beach, Florida, Amending Chapter 7, Article II, Division 3 Of The City Of Hallandale Beach Code Of Ordinances; Amending Section 7-81, “Nudity, Sexual Conduct Prohibited In Alcoholic Beverage Establishments.”; Providing For Severability; Providing For An Effective Date.

City Manager Good provided background on the item and recommended approval on Second Reading.

Mayor Cooper opened the Public Hearing.

Larry Smith, representing The Set, also known as The Cheetah, asked if this Ordinance would affect the only existing Adult Entertainment Facility in Hallandale Beach. City Manager Good advised the Cheetah was grandfathered in and therefore not subject to the Ordinance.

Seeing no other speakers Mayor Cooper closed the Public Hearing.

MOTION BY VICE MAYOR JULIAN SECONDED BY COMMISSIONER ROSS TO APPROVE ORDINANCE ON SECOND READING Amending Section 7-81, “Nudity, Sexual Conduct Prohibited In Alcoholic Beverage Establishments.” The motion carried by a roll call vote as follows:

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

NAYS: None

B.  An Ordinance of the City of Hallandale Beach, Florida, Increasing All Local Business Tax Receipt Fees by Five Percent; Providing For Conflicts; and Severability; Providing For an Effective Date.

City Manager Good provided background on the item and recommended approval on Second Reading.

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

MOTION BY COMMISSIONER ROSS, SECONDED BY VICE MAYOR JULIAN TO APPROVE THE ORDINANCE ON SECOND READING INCREASING ALL LOCAL BUSINESS TAX RECEIPT FEES BY FIVE PERCENT. The motion carried by a roll call vote as follows:

AYES: Commissioners Ross and Sanders; Vice Mayor Julian; Mayor Cooper

NAYS: Commissioner London

C.  An Ordinance of the City of Hallandale Beach, Florida, Amending the Comprehensive Plan by Including a Water Supply Facilities Work Plan; By Amending the Utilities Element, the Conservation Element, the Intergovernmental Coordination Element, the Capital Improvements Element; Providing for the Transmittal of the City’s Water Supply Comprehensive Plan Amendments Pursuant to Chapter 163, Florida Statutes, as Amended; Providing for Conflict; Providing for Severability; Providing an Effective Date.

Richard Cannone, Director, Development Services noted an error on line 46 of the Ordinance whereby the word “Infrastructure” should be corrected to “Utilities”.

City Manager Good and Public Works Director Brant responded to questions from Commission London regarding existing and future levels of service and the plan for utilization of reused or recycled water. Commissioner London noted the Work Plan was extensive and well done.

In response to a question from Commissioner London, Public Works Director Brant advised a meeting with the City of North Miami Beach regarding the capture of rain water on City properties is being scheduled.

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

MOTION BY COMMISSIONER ROSS, SECONDED BY VICE MAYOR JULIAN TO ADOPT THE ORDINANCE, AS AMENDED ON LINE 46, ON SECOND AND FINAL READING TO AMEND THE COMPREHENSIVE PLAN TO INCLUDE A WATER SUPPLY FACILITIES WORK PLAN AND AMEND OTHER COMPREHENSIVE PLAN ELEMENTS AS DESCRIBED IN THE STAFF REPORT. The motion carried by a roll call vote as follows:

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

NAYS: None

Mayor Cooper adjourned the meeting at 11:08 P.M.

RESPECTFULLY SUBMITTED,

______

Mayor

ATTEST:

______

City Clerk

RECORDING SECRETARY: Shari Canada

APPROVED BY COMMISSION: ______

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