MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, HELD ON WEDNESDAY, SEPTEMBER 02 2015 AT 6:30 P.M., CITY COMMISSION CHAMBERS, 400 SOUTH FEDERAL HIGHWAY, HALLANDALE BEACH, FL 33009

1.  CALL TO ORDER

Mayor Cooper called the meeting to order at 6:34 PM.

2. ROLL CALL

Commissioners Lazarow, London, Sanders, Vice Mayor Julian and Mayor Cooper, Acting City Manager Rosemond, and City Attorney Whitfield – All Present

3. PLEDGE OF ALLEGIANCE

4. PUBLIC PARTICIPATION- (Speakers must sign-in with the City Clerk prior to the start of the meeting)

Daniel Weiss, 721 Atlantic Shores Boulevard, Hallandale Beach, FL, acclaimed the Public Works Department for helping make the City a cleaner place to live.

5. PRESENTATIONS

A.  PROCLAMATION PRESENTATION BY BROWARD COUNTY SCHOOL BOARD MEMBER ANN MURRAY.

Ann Murray, District 1 Broward School Board Member, presented Vice Mayor Julian with a proclamation in honor of his service and support to the local public schools in Hallandale Beach.

B.  PRESENTATION TO WELCOME HOME WARRIORS

Mayor Cooper spoke on the Welcome Home Warriors project which will take place in November.

Stacey Napolitano of Welcome Home Warriors was presented with checks in the amount $5,000 by Rodriguez Charities and $500 by Mayor Cooper to help support the Care Packaging Event to be held on November 22, 2015.

MOTION BY MAYOR COOPER, SECONDED BY VICE MAYOR JULIAN, TO FULLY SUPPORT AND PARTNER WITH THE ORGANIZATION WELCOME HOME WARRIORS AND TO INCLUDE THEM IN THE CITY COMMISSION’S LIST OF NON-PROFIT ORGANIZATIONS WITH WHOM THE COMMISSION PARTNERS. The Motion carried by a 5/0 Voice Vote.

C.  PROCLAMATION PROCLAIMING SEPTEMBER 11, 2015 AS PATRIOT DAY AND NATIONAL DAY OF SERVICE AND REMEMBRANCE. (STAFF: INTERIM FIRE CHIEF)

Mayor Cooper presented Interim Fire Chief Mark Ellis with a proclamation declaring September 11, 2015 as Patriot Day and National Day of Service and Remembrance.

D.  PRESENTATION ON THE HALLANDALE BEACH POLICE DEPARTMENTAL PROMOTIONS (STAFF: CHIEF OF POLICE)

Chief Flournoy presented the following police officers who recently received promotions:

Sergeant Megan Jones Captain Edward Diaz

Sergeant Gregory Hippolyte Major Pedro Abut

Sergeant Thomas Montellanico Major Stuart Shook

Captain Ra’Shana Dabney-Donovan Major Sonia Quinones

Captain Terence Thouez

Mayor Cooper recessed the meeting at 7:17 PM

Mayor Cooper reconvened the meeting at 7:30 PM

6. COMMISSIONER COMMUNICATIONS - Items not on the Agenda

A.  COMMISSIONER LAZAROW

Commissioner Lazarow informed the public of Saving Sage Animal Rescue Group’s pet adoption event at Petco on October 3 and October 4.

B.  COMMISSIONER LONDON

Commissioner London shared a Miami-Dade County article on unsolicited bids.

In response to Commissioner London’s request, City Clerk Bataille explained he is unable to furnish the Board and Committee Minutes on the agenda, as the current legislative agenda program doesn’t allow for it. In lieu, he recommended producing the Board and Committee minutes on Granicus’ Legislative Center once the program is fully implemented.

Answering questions posed by Commissioner London, City Manager Miller indicated that Palms Community Action Coalition served as the Community Benefit Partner for the construction of BF James Park, Scavo Park, OB Johnson Park and South Beach Park. There was no Community Benefit Partner for the Construction of North Beach Park.

In response to Commissioner London’s question regarding CBP contributions for OB Johnson Park, City Manager Miller stated over $150,000 is expected for the Community Benefit Plan.

C.  COMMISSIONER SANDERS

Responding to Commissioner Sander’s question regarding the building permit fees reduction program brought up by Commissioner Lazarow, City Manager Miller specified staff’s goal is to have the data for the proposed program ready by the 16th of September for discussion.

D.  VICE MAYOR JULIAN

Vice Mayor Julian spoke about Hurricane Katrina’s 10-year anniversary and shared his eye witness experience of this natural calamity.

E.  MAYOR COOPER

Mayor Cooper asked staff to look into partnering with the School Board to promote the Stop-It for Bullying platform, which includes a mobile app for children to report any form of harassment.

Mayor Cooper mentioned Mayor Levine is hosting a Mayor’s Group to establish a bicycle interconnect from Miami Beach to Fort Lauderdale to ensure bike safety on A1A.

Mayor Cooper asked staff to look into the services of FRS Data, a full service Lien Search Company.

Mayor Cooper recommended staff to look into the services of Respect, an organization that provides onsite health screenings with the help of Broward General Hospital.

Mayor Cooper spoke about Iron Planet, a Mobile marketplace that focuses on governmental equipment.

Mayor Cooper thanked staff for placing the Keeping the City Clean and Green door hangers throughout the community.

Mayor Cooper requested staff to define “activity” for lagging permits to tighten up the City requirements, thereby ensuring construction projects progress in a timely fashion.

Mayor Cooper recommended placing speed bumps in the vicinity of City Parks.

Mayor Cooper spoke about for sale properties that have illegal conversions. In response, City Manager mentioned staff is working on devising a policy that will address this salient issue in a legal manner.

7. CITY ATTORNEY COMMUNICATIONS- Items not on the Agenda

City Attorney Whitfield informed the administrative foreclosure of the Schwartz property has been filed, as the property owner’s attorney failed to tender a response.

With respect to 519 Layne Boulevard, City Attorney Whitfield reported the plaintiff’s attorney filed a motion to cancel the sale date. Subsequently, the City has filed a motion to intervene solely on the matter that relates to the sale date.

In response to Commissioner London’s inquiry, City Attorney Whitfield informed she is working on the vacation rental ordinance and will have the item ready for discussion on the September 16 or October 7 Regular Commission Meeting.

Additionally, City Attorney Whitfield advised The City Attorney’s Office is in the beginning stages of working on unsolicited bids Ordinance.

8. CITY MANAGER COMMUNICATIONS - Items not on the Agenda

City Manager Miller reported the A1A project will commence next week and staff will provide residents with an update on potential lane closures and disruptions.

9. APPROVAL OF DRAFT MINUTES

A.  AUGUST 19, 2015 REGULAR CITY COMMISSION MEETING MINUTES

MOTION: BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LAZAROW, TO AMEND THE AUGUST 19, 2015 REGULAR CITY COMMISSION MEETING MINUTES TO INCLUDE “THE CITY ATTORNEY CONDUCTED RESEARCH ON 519 LAYNE BOULEVARD DURING THE MEETING AND DETERMINED THE PROPERTY WAS NOT HOMESTEADED.” The Motion carried by a 5/0 Voice Vote.

MOTION: BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LAZAROW, TO APPROVE THE AUGUST 19, 2015 REGULAR CITY COMMISSION MEETING MINUTES AS AMENDED. The motion carried a 5/0 Voice Vote.

10. CONSENT AGENDA

MOTION: BY COMMISSIONER LONDON, SECONDED BY VICE MAYOR JULIAN, TO APPROVE THE CONSENT AGENDA. The Motion carried a 5/0 Voice Vote.

A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE CITY TO BECOME A VOTING MEMBER OF THE BROWARD METROPOLITAN PLANNING ORGANIZATION; PROVIDING FOR THE APPROVAL AND EXECUTION OF THE AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: DEVELOPMENT SERVICES DIRECTOR)

Item 10.A. was approved as part of the Consent Agenda.

B.  A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE A CHANGE ORDER TO INCREASE THE PURCHASE ORDER OF QUICKLIME BY FORTY THOUSAND DOLLARS ($40,000) IN CONTRACT #11-25B BETWEEN THE CITY OF TAMARAC AND CHEMICAL LIME COMPANY OF ALABAMA, LLC, D/B/A LHOIST NORTH AMERICA OF ALABAMA, LLC, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY FIVE THOUSAND FOUR HUNDRED NINETY DOLLARS AND SEVENTY FIVE ($235,490.75) CENTS; AND PROVIDING AN EFFECTIVE DATE. (STAFF: PUBLIC WORKS DIRECTOR)

Item 10.B. was approved as part of the Consent Agenda.

11. ORDINANCES ON FIRST READING

NONE

12. ORDINANCES ON SECOND READING/PUBLIC HEARING

A. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA; CREATING CHAPTER 16 ENTITLED PARKS AND RECREATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. (STAFF: PARKS AND RECREATION DIRECTOR)

ON AUGUST 19, 2015 THE CITY COMMISSION APPROVED THIS ORDINANCE ON FIRST READING BY A 5/0 ROLL CALL VOTE.

Mayor Cooper introduced the item.

Mayor Cooper opened the floor to public comments. As no one wished to speak, Mayor Cooper closed the public hearing.

MOTION: BY COMMISSIONER LONDON, TO APPROVE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA; CREATINGCHAPTER 16 ENTITLED PARKS AND RECREATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.

The motion was Seconded by Commissioner Lazarow.

During Commissioner London’s comments on the item, the following amendments were made to the Ordinance:

Line 93, Motor shall mean an engineor generator that runs on a gas fuel.

Lines 243-247, to include “animal waste” somewhere in that section.

There being no further discussion, Mayor Cooper called the question.

MOTION: BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LAZAROW, TO APPROVE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA AS AMENDED; CREATING CHAPTER 16 ENTITLED PARKS AND RECREATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. The Motion was carried by a 5/0 Roll Call Vote.

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

NAYS: None.

13. RESOLUTIONS/PUBLIC HEARING

NONE

14. RESOLUTIONS/CITY BUSINESS

A.  A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AWARDING RFP #FY 2014-2015-011, ARCHITECTURAL AND ENGINEERING SERVICES FOR THE BLUESTEN PARK PROJECT TO THE HIGHEST RANKED FIRM, ACAI AND ASSOCIATES; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE A CONTRACT PRICE TO BRING BACK FOR CITY COMMISSION CONTRACT AWARD; FURTHER AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE WITH THE SUCCEEDING RANKED FIRM SHOULD NEGOTIATIONS WITH ACAI AND ASSOCIATES NOT BE SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. (STAFF: CAPITAL IMPROVEMENTS DIRECTOR)

Mayor Cooper introduced the item.

MOTION: BY MAYOR COOPER, TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AWARDING RFP #FY 2014-2015-011, ARCHITECTURAL AND ENGINEERING SERVICES FOR THE BLUESTEN PARK PROJECT TO THE HIGHEST RANKED FIRM, ACAI AND ASSOCIATES; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE A CONTRACT PRICE TO BRING BACK FOR CITY COMMISSION CONTRACT AWARD; FURTHER AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE WITH THE SUCCEEDING RANKED FIRM SHOULD NEGOTIATIONS WITH ACAI AND ASSOCIATES NOT BE SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE.

The motion was Seconded by Vice Mayor Julian.

Mayor Cooper opened the floor to public comments.

Abass Zackria, 1500 West Cypress Road, Suite 105, Fort Lauderdale, FL, appeared before the City Commission representing Walters Zackria Architects.

City Attorney Whitfield advised the City Commission and Mr. Zackria, if anyone wishes to protest an award, he/she must navigate the appropriate channels declared in the City’s Code Procedures under Section 23.13.

Responding to Commissioner London’s question, City Attorney Whitfield clarified Mr. Zackria may speak before the Commission as long as he is not protesting the award.

As no one else wished to speak, Mayor Cooper closed public comments.

Answering a question posed by Commissioner London, City Manager Miller stated the community benefit plan requirement was very specific with respect to how it would be rated within the RFP.

Commissioner London shared his concerns regarding the ratings and spoke in opposition on the item and how the community benefit plan was rated in this RFP.

Commissioner London requested a copy of the audio tapes of the oral presentations.

Commissioner Lazarow spoke in opposition to the item.

Mayor Cooper spoke in favor of the item.

There being no further discussion, Mayor Cooper called the question.

MOTION: BY MAYOR COOPER, SECONDED BY VICE MAYOR JULIAN, TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AWARDING RFP #FY 2014-2015-011, ARCHITECTURAL AND ENGINEERING SERVICES FOR THE BLUESTEN PARK PROJECT TO THE HIGHEST RANKED FIRM, ACAI AND ASSOCIATES; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE A CONTRACT PRICE TO BRING BACK FOR CITY COMMISSION CONTRACT AWARD; FURTHER AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE WITH THE SUCCEEDING RANKED FIRM SHOULD NEGOTIATIONS WITH ACAI AND ASSOCIATES NOT BE SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. The Motion carried by a 3/2 Roll Call Vote.

AYES: Commissioner Sanders, Vice Mayor Julian, and Mayor Cooper

NAYS: Commissioners Lazarow and London.

B.  A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AWARDING RFP #FY 2014-2015-010, CONSTRUCTION MANAGER AT RISK SERVICES FOR THE BLUESTEN PARK PROJECT TO THE HIGHEST RANKED FIRM, KAUFMAN LYNN CONSTRUCTION (KLC) INC.; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE PRECONSTRUCTION AND CONSTRUCTION SERVICES AGREEMENT TO BRING BACK FOR ACCEPTANCE OF A GUARANTEED MAXIMUM PRICE ("GMP") AND CONTRACT AWARD; FURTHER AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE WITH THE SUCCEEDING RANKED FIRM SHOULD NEGOTIATIONS WITH KLC NOT BE SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. (STAFF: CAPITAL IMPROVEMENTS DIRECTOR)

Mayor Cooper introduced the item.

MOTION: BY MAYOR COOPER, TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AWARDING RFP #FY 2014-2015-010, CONSTRUCTION MANAGER AT RISK SERVICES FOR THE BLUESTEN PARK PROJECT TO THE HIGHEST RANKED FIRM, KAUFMAN LYNN CONSTRUCTION (KLC) INC.; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE PRECONSTRUCTION AND CONSTRUCTION SERVICES AGREEMENT TO BRING BACK FOR ACCEPTANCE OF A GUARANTEED MAXIMUM PRICE ("GMP") AND CONTRACT AWARD; FURTHER AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE WITH THE SUCCEEDING RANKED FIRM SHOULD NEGOTIATIONS WITH KLC NOT BE SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE.

The motion was Seconded by Commissioner Lazarow.

Commissioner London posed several questions regarding the rating process.

Answering a question posed by Commissioner London, City Manager Miller indicated that while no one on the evaluation committee serves as an accountant or CPA, the City’s Chief Financial Officer does review the financial aspect of the proposals and provides a recommendation.