MINUTES OF THE REGULAR MEETING OF THE HALLANDALE BEACH CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, NOVEMBER 20, 2013 AT 6:30 P.M., COMMISSION CHAMBERS, 400 S. FEDERAL HIGHWAY, HALLANDALE BEACH, FLORIDA 33009.
1. CALL TO ORDER
Mayor Cooper called the meeting to Order at 6:38 P.M.
2. ROLL CALL
Commissioners Julian, Lazarow and Sanders, Vice Mayor Lewy, Mayor Cooper, Acting City Manager Rafols and City Attorney Whitfield – All Present.
3. PLEDGE OF ALLEGIANCE
4. PRESENTATIONS
A. PRESENTATION BY THE GULFSTREAM MIDDLE SCHOOL'S ROBOTICS TEAM - COMMUNITY SOLUTION TO THIS YEAR'S PROBLEM, "NATURE'S FURY, PREPARE, STAY SAFE AND REBUILD." (BY: GULFSTREAM MIDDLE SCHOOL) (SEE BACKUP)
Students from Gulfstream Middle School Robotics Team made a presentation the City Commission regarding the use of social media to warn the public of natural disasters.
Mayor Cooper and Commissioner Lazarow thanked the students, teacher Ms. Jessica Swanson, and Yvonne Feijoo, Fire Safety Inspector, and Robotics Team volunteer.
Fire Chief Daniel Sullivan appointed the children honorary members of the Hallandale Beach Community Emergency Response Team (CERT).
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.)
Maggie Ivanowski, 437 Golden Isles Drive, Hallandale Beach, inquired about the travel reports and documents of the City Commission. Ms. Ivanowski requested increased transparency regarding the Commission’s travel expenses, such as the submittal of written reports within three business days after the conclusion of all City-related travel.
Mayor Cooper asked Acting City Manager Rafols to address the public regarding City Commission travel concerns.
Acting City Manager Rafols informed the public that the City currently reports on all types of travel and the associated expenses.
Vice Mayor Lewy explained that the City Commission travels for various purposes and represents the City in the National League of Cities events nationwide.
Commissioner Sanders stated he did not see an issue with brief reports regarding Commissioners’ travel.
Lawrence Wright, stated that Cross Town Towing towed his trailer and will suspend his license unless he pays $1,200.00 to release his trailer.
Mayor Cooper turned the matter over to Acting City Manager Rafols, who stated the Police Department is currently working with Mr. Wright to help resolve his issue.
6. COMMISSIONER COMMUNICATIONS - Items not on the Agenda
A. COMMISSIONER JULIAN
Commissioner Julian noted that the Police’s annual “Shop with a Cop” and Bowling Tournament event will be held on Saturday, December 14th.
The Kiwanis Luncheon will be held on Thursday, November 21st, 2013.
B. COMMISSIONER LAZAROW
Commissioner Lazarow inquired about the City’s use of a co-op vendor for animal carcass removal-ls. Procurement Director, Andrea Lues, explained that the City has begun the process of finding and retaining a vendor to provide this service. Acting City Manager Rafols stated the City has set aside funding to handle this service.
Commissioner Lazarow commended staff for the new LED logo sign outside of City Hall.
C. COMMISSIONER SANDERS
Commissioner spoke regarding the recent vehicular accident on Foster Road where 12-year old Shania Jackson was struck. Acting City Manager Rafols stated staff has been directed to research additional calming devices for the entire Foster Road corridor.
Consensus:
- To direct staff to research traffic safety solutions for the Foster Road corridor and to coordinate a community meeting, to be hosted by Commissioner Sanders, to inform the community on staff’s actions and recommendations.
D. VICE MAYOR LEWY
Vice Mayor Lewy updated the City Commission on his participation at the National League of Cities Annual Conference and a project which studies alternative uses of rain-captured water.
E. MAYOR COOPER
Mayor Cooper requested the City Commission change the date of the December 11th, 2013 meeting to December 4th, 2013, due to a scheduling conflict.
MOTION BY COMMISSIONER JULIAN, SECONDED BY COMMISSIONER LAZAROW, TO RESCHEDULE THE REGULAR CITY COMMISSION MEETING OF DECEMBER 11, 2013 TO DECEMBER 4, 2013. The Motion carried on a 4/1 Voice vote. (Vice Mayor Lewy voted No.)
Mayor Cooper spoke about the Keys Children’s Foundation and recommended staff to contact their guest speaker, Wes Moore, and inquire about his availability to participate in any of the Martin Luther King, Jr. events to be held at the City.
Answering questions posed by Mayor Cooper regarding the status of Beach Access #1, Acting City Manager Rafols advised that the steps are being built in-house and it is expected the access will be open on or before December 1.
Mayor Cooper inquired about the Festival of Lights advertisement from the City. Acting City Manager Rafols explained the deadline for advertisement had passed; however, for a $400 donation, the City can be recognized at the event with its name and logo in the marquee.
Consensus:
- To authorize a $400 donation to the Festival of Lights Event.
Mayor Cooper informed the City Commission that Governor Rick Scott will be visiting the local area.
Mayor Cooper inquired about a City Workshop with the Community to discuss the parking situation on Diana Drive.
Answering questions posed by Mayor Cooper, Public Works Director, Steven Parkinson, noted that staff has retained a consultant and will be prepared to make a presentation to the Community in January or February 2015. Furthermore, Director Parkinson noted that staff will inform and bettereducate the community on the traffic signal changes on Golden Isles Drive and Hallandale Beach Blvd.
Mayor Cooper congratulated staff for receiving the Government Finance Award.
7. CITY ATTORNEY COMMUNICATIONS - Items not on the Agenda
City Attorney Whitfield had no communications.
8. CITY MANAGER COMMUNICATIONS - Items not on the Agenda
Acting City Manager Rafols introduced the City’s new Assistant Director of Engineering, Mr. Carlos Acosta, to the City Commission.
Mr. Acosta briefed the City Commission and indicated he was happy to work with the City.
9. APPROVAL OF DRAFT MINUTES
A. NOVEMBER 6, 2013 REGULAR CITY COMMISSION MEETING
MOTION BY VICE MAYOR LEWY, SECONDED BY COMMISSIONER LAZAROW, TO APPROVE THE DRAFT MINUTES OF NOVEMBER 6, 2013 REGULAR CITY COMMISSION MEETING. The Motion carried on a 5/0 Voice vote.
10. CONSENT AGENDA
Vice Mayor Lewy requested to pull item #10.A. from the Consent Agenda.
MOTION BY COMMISSIONER LAZAROW, SECONDED BY COMMISSIONER JULIAN, TO APPROVE ITEM 10.B. ON THE CONSENT AGENDA. The Motion carried on 5/0 Voice vote.
A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE UTILIZATION OF STATE OF FLORIDA CONTRACT #618-000-11-1 WITH OFFICE DEPOT FOR THE PURCHASE OF OFFICE SUPPLIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS TO EFFECTUATE THE PURCHASE FOR FISCAL YEAR 2013 - 2014; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PROCUREMENT) (SEE BACKUP)
Vice Mayor Lewy stated his concerns with the City’s current bidding process, noting the lack of small businesses participating in the City’s procurement process.
Procurement Director, Andrea Lues, explained how the City pools its buying power with other local and state governments to achieve economies of scale.
MOTION BY COMMISSIONER LAZAROW, SECONDED BY COMMISSIONER JULIAN, TO APPROVE ITEM 10.A. ON THE CONSENT AGENDA. The Motion carried on a 4/1 Voice vote. Vice Mayor Lewy voted No.)
B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE SUBMISSION OF TWO GRANT APPLICATIONS UNDER THE COMMUNITY DEVELOPMENT PROJECTS FOR THE 40TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR FISCAL YEAR 2014-2015; AUTHORIZING THE CITY MANGER TO EXECUTE AND IMPLEMENT FUNDING AGREEMENT DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS, UTILITIES & ENGINEERING) (SEE BACKUP)
11. ORDINANCES ON FIRST READING
NONE
12. ORDINANCES ON SECOND READING/PUBLIC HEARING
A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING THE EXISTING CITY OF HALLANDALE BEACH POLICE OFFICER'S AND FIREFIGHTER'S PERSONNEL RETIREMENT TRUST SET FORTH IN EXHIBIT A OF ORDINANCE NUMBER 2011-11 TO CREATE A SECOND TIER PLAN FOR NEWLY HIRED POLICE OFFICERS AND FIREFIGHTERS AND TO INCORPORATE CERTAIN REVISIONS TO THE PLAN FOR POLICE OFFICERS AND FIREFIGHTERS AGREED UPON DURING COLLECTIVE BARGAINING NEGOTIATIONS; AMENDING ARTICLE I "DEFINITIONS" IN EXHIBIT A OF ORDINANCE 2011-11 TO DEFINE POLICE TIER ONE PARTICIPANTS, POLICE TIER TWO PARTICIPANTS, FIRE TIER ONE PARTICIPANTS, FIRE TIER TWO PARTICIPANTS AND FINAL AVERAGE COMPENSATION FOR POLICE TIER TWO PARTICIPANTS AND FIRE TIER TWO PARTICIPANTS; AMENDING SECTION VI "SERVICE RETIREMENT BENEFITS" IN EXHIBIT A OF ORDINANCE 2011-11 TO SET FORTH THE NORMAL RETIREMENT BENEFIT FOR POLICE TIER TWO PARTICIPANTS AND FIRE TIER TWO PARTICIPANTS, TO INSTITUTE A BENEFIT CAP AND TO RESTRICT COLA DURING DROP PARTICIPATION; AMENDING ARTICLE XIV "DEFERRED RETIREMENT OPTION" IN EXHIBIT A OF ORDINANCE 2011-11 ELIMINATING DROP FOR POLICE TIER TWO PARTICIPANTS AND FIRE TIER TWO PARTICIPANTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (STAFF: DIRECTOR OF HUMAN RESOURCES) (SEE BACKUP)
ON SEPTEMBER 18, 2013 THE CITY COMMISSION APPROVED THE ORDINANCE ON FIRST READING BY A ROLL CALL VOTE OF 4/1 (COMMISSIONER LAZAROW VOTED NO)
Mayor Cooper opened the Item for public hearing.
Seeing no speakers, Mayor Cooper closed the public hearing.
Acting City Manager Rafols provided background information regarding the Item and turned the presentation to Brett Schneider, Outside Legal Counsel, Weiss, Serota, Helfman, et al.
Commissioner Lazarow stated her full support of the City’s First Responders and that indicated her vote would be against the proposed ordinance due to discrepancies between the negotiated Collective Bargaining Agreement (CAB) and the Ordinance.
Mayor Cooper stated her support for the proposed ordinance and indicated that she is confident adoption of the Ordinance is in the best interest of the City and its first responders.
Vice Mayor Lewy reiterated that the proposed ordinance would not impact any City Firefighters in a negative way and would save the City $2.5 million dollars.
MOTION BY VICE MAYOR LEWY, SECONDED BY COMMISSIONER JULIAN, TO APPROVE AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING THE EXISTING CITY OF HALLANDALE BEACH POLICE OFFICER'S AND FIREFIGHTER'S PERSONNEL RETIREMENT TRUST SET FORTH IN EXHIBIT A OF ORDINANCE NUMBER 2011-11 TO CREATE A SECOND TIER PLAN FOR NEWLY HIRED POLICE OFFICERS AND FIREFIGHTERS AND TO INCORPORATE CERTAIN REVISIONS TO THE PLAN FOR POLICE OFFICERS AND FIREFIGHTERS AGREED UPON DURING COLLECTIVE BARGAINING NEGOTIATIONS; AMENDING ARTICLE I "DEFINITIONS" IN EXHIBIT A OF ORDINANCE 2011-11 TO DEFINE POLICE TIER ONE PARTICIPANTS, POLICE TIER TWO PARTICIPANTS, FIRE TIER ONE PARTICIPANTS, FIRE TIER TWO PARTICIPANTS AND FINAL AVERAGE COMPENSATION FOR POLICE TIER TWO PARTICIPANTS AND FIRE TIER TWO PARTICIPANTS; AMENDING SECTION VI "SERVICE RETIREMENT BENEFITS" IN EXHIBIT A OF ORDINANCE 2011-11 TO SET FORTH THE NORMAL RETIREMENT BENEFIT FOR POLICE TIER TWO PARTICIPANTS AND FIRE TIER TWO PARTICIPANTS, TO INSTITUTE A BENEFIT CAP AND TO RESTRICT COLA DURING DROP PARTICIPATION; AMENDING ARTICLE XIV "DEFERRED RETIREMENT OPTION" IN EXHIBIT A OF ORDINANCE 2011-11 ELIMINATING DROP FOR POLICE TIER TWO PARTICIPANTS AND FIRE TIER TWO PARTICIPANTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. The Motion carried on a 4/1 Roll Call vote. Commissioner Lazarow voted No.
AYES: Commissioners Julian and Sanders, Vice Mayor Lewy and Mayor Cooper
NAYS: Commissioner Lazarow
13. RESOLUTIONS/PUBLIC HEARING
ITEM #13.A. IS QUASI JUDICIAL
A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING A REPLAT FOR CERTAIN PROPERTIES WITHIN THE CITY OF HALLANDALE BEACH LOCATED AT 2000 S. OCEAN DRIVE 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. 5-189 OF THE BROWARD COUNTY CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE.(STAFF: DIRECTOR OF DEVELOPMENT SERVICES) (SEE BACKUP)
Deputy City Clerk Dawes polled the City Commission regarding any ex-parte communications and whether or not their decision will be based on testimony heard during this evening’s meeting.
All Commissioners answered that they did have ex-parte communications; however, all said their decisions would be based solely on the presentations and reports heard tonight.
City Attorney Whitfield administered the Oath of Truthful Testimony to staff, the applicant and all those who would be speaking in support or opposition of the Item.
Director of Development Services, Mr. Charles Wu, presented the Item to the City Commission.
Commissioner Julian asked for clarification regarding how the developer was able to build without a plat.
Christy Dominguez, Principal Planner, stated the property was built prior to plat requirements from Broward County.
Mayor Cooper turned the Item over to the applicant’s legal counsel, Debbie Orshefsky, who presented the benefits of the development and asked the City Commission to approve the item following staff’s recommendations.
Mayor Cooper opened the public hearing.
Sheila Fushgrund, 1708 South Ocean Drive, Hallandale Beach, stated her opposition to the proposed project and asked the Commissioners to reconsider approving the item.
George Mendez, 2030 South Ocean Drive, Hallandale Beach, stated his concerns with the proposed height of the proposed development and the changes to the quality of fresh air from Parker Plaza.
City Attorney Whitfield clarified to the public that the item being considered will only allow the applicant to redevelop the property, and that the City Commission is not yet considering the merits or aesthetics of the proposed redevelopment plan.
Vice Mayor Lewy questioned Mr. George Mendez regarding his testimony and whether he is on the Board of Directors at Parker Plaza. Mr. Mendez stated he was not.
Barbara Marchando, 2030 S. Ocean Drive, Hallandale Beach, spoke representing her neighbors at Parker Plaza and indicated that she did not support approval of the plat.
Sheldon Tueric, 2030 Ocean Drive, Hallandale Beach, spoke against the item and indicated that the applicant is misleading the public to believe the City has already approved any potential developments on the plat.
Rosalia Boullon, 1980 S. Ocean Dr, Hallandale Beach, representing her neighbors at the Hemispheres, spoke against the item and stated that approval of the plat will make a negative impact on the community.