MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, MAY 02, 2012 AT 1:00 P.M. AND 7:00 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 1:10 P.M.

2.  ROLL CALL

Commissioners Lewy and Ross, Vice Mayor Sanders and Mayor Cooper, City Manager Antonio and City Attorney Whitfield – All Present.

Commissioner London was absent from the meeting.

3.  PLEDGE OF ALLEGIANCE

4.  STUDENT CITIZEN OF THE MONTH AND SCHOOL ACTIVITY UPDATE

Milagros Chavarria was recognized as the April 2012 Student Citizen of the Month for Hallandale Elementary.

Viayazz Thomas was recognized as the April 2012 Student Citizen of the Month for Gulfstream Middle.

Shavon Taylor was recognized as the April 2012 Student Citizen of the Month for Hallandale Magnet High School.

Charlene Gonzalez-Brown was recognized as the April 2012 Student Citizen of the Month for Hallandale Magnet High School.

Principal Sharon Ludwig, Hallandale Elementary, provided an update on the activities at Hallandale Elementary School.

Principal Brian Kingsley, Gulfstream Middle School, provided an update on the activities at Gulfstream Middle School.

Principal Estella Eckhardt and Marilyn Santiago, Magnet Coordinator, Hallandale Magnet High School, provided an update on the activities at Hallandale High School.

Eddy Diaz, Representative, Coco-Cola Corporation, Education Partner for Hallandale Magnet High School gave a presentation regarding new educational partnership initiatives at Hallandale Magnet High School.

Robin Bartleman, Broward County School Board Member at Large, expressed gratitude to the City Commission for their commitment to education and the local schools.

5.  PUBLIC PARTICIPATION - Items not on the Agenda (To be heard at 1:30 P.M.)

Nicole Kessler, Representative, AAAA Crosstown Towing & Recovery, 221 NW 1st Avenue, Hallandale Beach, spoke concerning pricing discrepancies within their existing agreement with the City and petitioned the City Commission for a resolution.

6.  PRESENTATIONS

A.  Proclamation Proclaiming May 14, 2012 as Law Enforcement Memorial Day

The City Commission presented the proclamation to Dwayne S. Flournoy, Police Chief and to Police Department staff.

B.  Presentation from the Kiwanis Club of Hallandale Beach's 6th Annual Pasta Dinner (William Julian, President, Kiwanis Club of Hallandale Beach)

William Julian, Club Member, Kiwanis Club of Hallandale Beach, presented awards to the following participants:

-  Hallandale Elementary School

-  Police Athletic League (PAL)

-  Hallandale Magnet High School Key Club

-  Gulfstream Middle School

-  Hallandale Beach Kiwanis Club of Hallandale Beach

-  City of Hallandale Beach

Robin Bartleman, Broward Countywide School Board Member, thanked the Kiwanis Club of Hallandale Beach for their commitment to the Hallandale Beach community and congratulated the award recipients.

C.  Presentation Regarding Activities at the Village at Gulfstream Park (Suzanne Friedman, Development Representative, Village at Gulfstream Park) CAD#029/04

Suzanne Friedman, Development Representative, The Village at Gulfstream Park, provided an update on the activities at The Village at Gulfstream Park.

7.  CONTINUATION OF CITY BUSINESS FROM PREVIOUS MEETINGS

There were no pending City Business from previous meeting.

8.  CONSENT AGENDA

A.  Approval of Minutes

1.  Special City Commission Meeting of April 9, 2012

2.  Regular City Commission Meeting of April 18, 2012

MOTION BY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TO

APPROVE THE DRAFT MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF APRIL 9, 2012 AND THE REGULAR CITY COMMISSION

MEETING OF APRIL 18, 2012. The Motion carried on a 4/0 Voice vote.

9.  CITY BUSINESS

A.  Consideration of the Comprehensive Annual Financial Report (CAFR) and Compliance Report for the Fiscal Year Ended September 30, 2011. (Staff: Director of Finance) (See Backup)

TO BE HEARD AT 1:30 P.M.

City Manager Antonio introduced the Item and turned the presentation over to staff and the City’s Auditors. Patricia Ladolcetta, Director, Finance Department, and Michael Fudermann, Audit Partner, Marcum LLP, gave a presentation and answered questions posed by the City Commission.

Consensus:

-  To direct staff to review the amounts being charged for deposit on residential and commercial utility accounts and bring back recommendations as necessary during the FY13 Budget Workshop.

-  Replace page 44 of the CAFR with the revised table.

MOTION BY COMMISSIONER ROSS, SECONDED BY COMMISSIONER LEWY, TO ACCEPT AND PLACE ON FILE THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AND COMPLIANCE REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2011, AS AMENDED. The Motion carried on a 4/0 Voice vote.

B.  A Resolution of the Mayor and City Commission of the City of Hallandale Beach, Florida, Approving an Amendment to an Agreement with Broward County to Provide Additional Funding for the City Community Bus Service; and Providing an Effective Date. (Staff: Director of DPW,U&E) (See Backup)

Hector D. Castro, P.E., Director, Department of Public Works/Utilities and Engineering, and Mary Francis-Jeannot, Administrative Analyst I, gave a presentation and answered questions posed by the City Commission.

MOTION BY COMMISSIONER LEWY, SECONDED BY COMMISSIONER ROSS, TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE AMENDMENT OF THE INTERLOCAL AGREEMENT (ILA) WITH BROWARD COUNTY TO PROVIDE ADDITIONAL FUNDING FOR THE CITY COMMUNITY BUS SERVICE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND RELATED DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.

After discussion by the City Commission. Mayor Cooper called the Question.

MOTION BY COMMISSIONER LEWY, SECONDED BY COMMISSIONER ROSS, TO APPROVE A Resolution of the Mayor and City Commission oF the City of Hallandale Beach, Florida, Approving the Amendment of the interlocal Agreement (ILA) with Broward County to Provide Additional funding for the City Community Bus Service; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT and RELATED DOCUMENTS; AND Providing an Effective Date. The Motion carried on a 4/0 Roll Call vote as follows:

AYES: Commissioners Lewy and Ross, Vice Mayor Sanders and Mayor Cooper

NAYS: None

C.  A Resolution of the Mayor and City Commission of the City of Hallandale Beach, Florida, Authorizing the City Attorney to Execute Retainer Agreement Between the City and the Law Firm of Shepherd, Finkelman, Miller, & Shal, LLP to Represent the City Regarding Claims Against Sigma Corp., McWane Inc. and Star Pipe Products, LTD and Any Related Entities (hereinafter " Defendants") as it Relates to Illegal Price Fixing of Ductile Iron Pipe Fittings (DPIF): and Providng an Effective Date. (Staff: City Attorney) (See Backup)

City Attorney Whitfield gave a presentation and answered questions posed by the City Commission.

MOTION BY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TO ADOPT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO EXECUTE RETAINER AGREEMENT BETWEEN THE CITY AND THE LAW FIRM OF SHEPHERD, FINKELMAN, MILLER, & SHAL, LLP TO REPRESENT THE CITY REGARDING CLAIMS AGAINST SIGMA CORP., MCWANE INC. AND STAR PIPE PRODUCTS, LTD AND ANY RELATED ENTITIES (HEREINAFTER " DEFENDANTS") AS IT RELATES TO ILLEGAL PRICE FIXING OF DUCTILE IRON PIPE FITTINGS (DPIF): AND PROVIDNG AN EFFECTIVE DATE. The Motion carried on a 4/0 Roll Call vote as follows:

AYES: Commissioners Lewy and Ross, Vice Mayor Sanders and Mayor Cooper

NAYS: None

D.  A Resolution of the Mayor and City Commission of the City of Hallandale Beach, Florida, Authorizing the Mayor to Execute an Employment Agreement, in Substantially the Same Form as Attached as Exhibit A, with Renee Crichton, for the Position of City Manager, and Providing an Effective Date. (Staff: City Manager) (See Backup) CAD# 002/12

To be Heard during the Evening Portion of the Meeting.

City Manager Antonio gave a presentation and answered questions posed by the City Commission.

MOTION BY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TO ADOPT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT, IN SUBSTANTIALLY THE SAME FORM AS ATTACHED AS EXHIBIT A, WITH RENEE CRICHTON, FOR THE POSITION OF CITY MANAGER, AND PROVIDING AN EFFECTIVE DATE.

After discussion by the City Commission, Mayor Cooper called the Question.

MOTION BY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TO ADOPT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT, IN SUBSTANTIALLY THE SAME FORM AS ATTACHED AS EXHIBIT A, WITH RENEE CRICHTON, FOR THE POSITION OF CITY MANAGER, AND PROVIDING AN EFFECTIVE DATE. The Motion carried on a 4/0 Roll Call vote as follows:

AYES: Commissioners Lewy and Ross, Vice Mayor Sanders and Mayor Cooper

NAYS: None

City Manager Crichton thanked the City Commission for the employment opportunity.

Mayor Cooper recessed the City Commission meeting at 7:52 PM to move to the Special

Meeting of the HBCRA Board of Directors.

Mayor Cooper reconvened the City Commission meeting at 9:45 PM.

10.  COMMISSION PLANNING

The City Commission discussed upcoming events and activities.

11.  PUBLIC PARTICIPATION - Items not on the Agenda (To be heard at 7:00 P.M.)

Csaba Kulin, 600 NE 14th Avenue, Hallandale Beach, Florida, spoke concerning the need to inform the public about the upcoming Beachwalk Project.

Andrew Markoff, 705 SW 2nd Court, Hallandale Beach, Florida, spoke concerning the new City Manager’s employment contract and the need for all City Commissioners to be present when voting takes place.

John Torturo, John’s Market, 229 N. Dixie Highway, Hallandale Beach, Florida, spoke concerning the cost of sanitation services to his property and petitioned the City Commission for a decrease.

12.  PUBLIC HEARINGS (To heard at 7:15 P.M.)

A.  An Ordinance of the City of Hallandale Beach, Florida, Amending Chapter 32, of the Zoning and Land Development Code, Article II Section 32-174, PDD Planned Development Overlay District, and Section 32-179 PLAC Planned Local Activity Center District, Relative to the Review of Major Development Plans; Providing for Conflict; Providing for Severability; Providing for an Effective Date. (First Reading)(This Ordinance is a Result of Application# 17-12-TC by the City of Hallandale Beach, Florida)(Staff: Director of Development Services) (See Backup) AR#012/11 & CAD #003/12

ON APRIL 18, 2012, THE CITY COMMISSION TABLED CONSIDERATION OF THIS ORDINANCE TO BE BROUGHT BACK AT THE MAY 2, 2012 CITY COMMISSION MEETING.

City Manager Antonio provided background information regarding the Item and recommended approval on First Reading.

Mayor Cooper opened the Public Hearing.

Seeing no speakers, Mayor Cooper closed the Public Hearing.

MOTION BY COMMISSIONER LEWY, SECONDED BY COMMISSIONER ROSS, TO APPROVE FIRST READING OF AN ORDINANCE OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 32, OF THE ZONING AND LAND DEVELOPMENT CODE, ARTICLE II SECTION 32-174, PDD, PLANNED DEVELOPMENT OVERLAY DISTRICT, AND SECTION 32-179 PLAC, PLANNED LOCAL ACTIVITY CENTER DISTRICT, RELATIVE TO THE REVIEW OF MAJOR DEVELOPMENT PLANS AND REQUIRING A PUBLIC HEARING FOR MAJOR CHANGES TO DEVELOPMENT AGREEMENTS AND MAJOR DEVELOPMENT PLANS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND TO SCHEDULE SECOND READING FOR MAY 16, 2012. The Motion carried on a 4/0 Roll Call vote as follows:

AYES: Commissioners Lewy and Ross, Vice Mayor Sanders and Mayor Cooper

NAYS: None

B.  An Ordinance of the City of Hallandale Beach, Florida Authorizing the City Manager to Execute a Contract with Tower Development Corporation for the Purposes of Erecting a Monopole Wireless Antenna and Associated Service Equipment on the Property Located at Bluesten Park; Providing for Conflict; Providing for Severability; and Providing for an Effective Date. (First Reading) (Staff: Director of Development Services) (See Backup) BP#005/08

City Manager Antonio introduced the Item and turned the presentation over to staff and the consultant. Thomas Vageline, Director of Development Services, and Scott Gee, Representative, Tower Development Corporation, gave a presentation and answered questions posed by the City Commission.

Mayor Cooper opened the Public Hearing.

Seeing no speakers, Mayor Cooper closed the Public Hearing.

MOTION BY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TO APPROVE FIRST READING OF AN ORDINANCE OF THE CITY OF HALLANDALE BEACH, FLORIDA, GRANTING TO TOWER DEVELOPMENT CORP. A LEASE OF CERTAIN PROPERTY LOCATED IN BLUESTEN PARK TO CONSTRUCT AND OPERATE A MONOPOLE TOWER; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE; AND TO SCHEDULE SECOND REAING FOR MAY 16, 2012. The Motion carried on a 4/0 Roll Call vote as follows:

AYES: Commissioners Lewy and Ross, Vice Mayor Sanders and Mayor Cooper

NAYS: None

C.  An Ordinance of the City of Hallandale Beach, Florida, Approving a Change of Zoning for the Expansion of Bluesten Park at the Property Located at 600 Old Federal Highway from RD-12, (Residential Two-Family) District to OS (Recreation and Open Space) District; and the Property Located at 601 Old Federal Highway from RM-25, (Residential Multi-Family) District to OS (Recreation and Open Space) District; Providing for Conflict; Providing for Severability; Providing for an Effective Date. (Second Reading) (This Ordinance is a result of Application #26-12-Z by the City of Hallandale Beach, Florida.)(Staff: Director of Development Services) (See Backup) BP# 012/08

ON MARCH 28, 2012, THE PLANNING AND ZONING BOARD RECOMMENDED APPROVAL OF THE ORDINANCE BY A ROLL CALL VOTE OF 5/0.

ON APRIL 18, 2012, THE CITY COMMISSION APPROVED FIRST READING OF THE ORDINANCE BY A ROLL CALL VOTE OF 5/0.

City Manager Antonio introduced the Item and turned the presentation over to staff. Thomas Vageline, Director of Development Services, gave a presentation and answered questions posed by the City Commission.

Mayor Cooper opened the Public Hearing.

Seeing no speakers, Mayor Cooper closed the Public Hearing.

MOTION BY COMMISSIONER LEWY, SECONDED BY COMMISSIONER ROSS, TO APPROVE SECOND READING OF AN ORDINANCE OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING A CHANGE OF ZONING FOR THE EXPANSION OF BLUESTEN PARK AT THE PROPERTY LOCATED AT 600 OLD FEDERAL HIGHWAY FROM RD-12, (RESIDENTIAL TWO-FAMILY) DISTRICT TO OS (RECREATION AND OPEN SPACE) DISTRICT; AND THE PROPERTY LOCATED AT 601 OLD FEDERAL HIGHWAY FROM RM-25, (RESIDENTIAL MULTI-FAMILY) DISTRICT TO OS (RECREATION AND OPEN SPACE) DISTRICT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The Motion carried on a 4/0 Roll Call vote as follows:

AYES: Commissioners Lewy and Ross, Vice Mayor Sanders and Mayor Cooper

NAYS: None

D.  An Ordinance of the City of Hallandale Beach, Florida, Amending Chapter 32, of the Zoning and Land Development Code, Article IX, Section 1002, Notice Requirement, and Repealing Article VIII, Section 32-967, Notices. Providing for Conflict; Providing for Severability; Providing an Effective Date. (Second Reading) (This Ordinance is a result of Application # 16-12-TC by the City of Hallandale Beach.)(Staff: Director of Development Services) (See Backup) AR#012/11