Mayor Cooper Called the Meeting to Order at 6:05 P.M

MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, APRIL 20, 2011 AT 6:00P.M., CITY COMMISSION CHAMBERS 400 S. FEDERAL HIGHWAY HALLANDALE BEACH, FL 33009

CALL TO ORDER

Mayor Cooper called the meeting to Order at 6:05 P.M.

ROLL CALL

Commissioners Lewy, London, Ross, Vice Mayor Sanders and Mayor Cooper, City Manager Antonio, and City Attorney Jove - All Present.

PLEDGE OF ALLEGIANCE

PUBLIC PARTICIPATION (to be heard at 6:15 P.M.)

Judith Selz, 717 Layne Blvd., Hallandale Beach, Florida, spoke in regards to transparency in government and questioned the vote of a Planning and Zoning Board member during the Ben Gamla Charter School Public Hearings.

Jerry Dobak, 622 SW 9th Street, Hallandale Beach, Florida spoke in regards to private construction taking place in a property adjacent to his property.

PRESENTATIONS AND REPORTS

Proclamation Proclaiming April 22, 2011 as Earth Day

Mayor Cooper presented the Proclamation to Earl King, Deputy Director of Utilities and Engineering, andto Rafael Perdomo, Green Initiatives Coordinator, Utilities & Engineering Department.

Proclamation Proclaiming May 1-8, 2011, Holocaust Days of Remembrance

Mayor Cooper presented the Proclamation to Mrs. Binstock and Mr. Kiel, Holocaust Survivors.

Presentation by Glenn Stoutt, Director of Operations and Eric Hickson, Director of Athletic Services, Keeping Dreams Alive Foundation (KDA)

TO BE HEARD AT 6:30 P.M.

Patrick Lowe, Founder, Glenn Stoutt, Director of Operations, and Eric Hickson, Director of Athletics, with the Keeping Dreams Alive Foundation, gave a presentation.

CONSENT AGENDA

Approval of Draft Minutes - Regular City Commission Meetings of January 5, 2011 and April 6, 2011 and Special City Commission Meeting of January 5, 2011

MOTIONBY COMMISSIONER ROSS, SECONDED BY COMMISSIONER LEWY, TO APPROVE THE DRAFT MINUTES OF THEREGULAR CITY COMMISSION MEETINGS OF JANUARY 5, 2011 AND APRIL 6, 2011 AND SPECIAL CITY COMMISSION MEETING OF JANUARY 5, 2011. The Motion carried on a 4/1 Voice vote (Commissioner London voted No).

PUBLIC HEARINGS (to be heard at 6:30 P.M.)

An Ordinance of the City of Hallandale Beach, Florida, Amending Chapter 30, Utilities, Article II, Water Service, Division 4, Water Conservation, Section 30-133, Restrictions on Landscape Irrigation, Establishing Mandatory Year-Round Landscape Irrigation Measures; To Provide for a Prohibition of Wasteful and Unnecessary Water Use; Providing for Conflicts; Providing for Severability; and Providing for an Effective Date. (Second Reading) (Staff: Director of Utilities and Engineering) (See Backup) CMD #004/07

THE CITY COMMISSION APPROVED FIRST READING OF THIS ORDINANCE ON APRIL 6, 2011 BY A ROLL CALL VOTE OF 5/0.

City Manager Antonio provided background information concerning the Item.

Mayor Cooper opened the Public Hearing.

Seeing no speakers, Mayor Cooper closed the Public Hearing.

MOTION BY COMMISSIONER LEWY TO ADOPT ON SECOND READING AN ORDINANCE OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 30, UTILITIES, ARTICLE II, WATER SERVICE, DIVISION 4, WATER CONSERVATION, SECTION 30-133, RESTRICTIONS ON LANDSCAPE IRRIGATION, ESTABLISHING MANDATORY YEAR-ROUND LANDSCAPE IRRIGATION MEASURES; TO PROVIDE FOR A PROHIBITION OF WASTEFUL AND UNNECESSARY WATER USE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Commissioner London Seconded the Motion for discussion.

MOTIONBY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TO CALL THE QUESTION. The Motion carried on a 4/1 Voice vote (Commissioner Ross voted No).

Mayor Cooper suggested a friendly amendment to the Motion to amend the Ordinance to remove the reference on lines #139- #140: “…and/or imprisonment in the county jail not to exceed 60 days.”

Commissioner Lewy accepted the friendly amendment.

MOTION BY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TO ADOPT ON SECOND READING AN ORDINANCE OF THE CITY OF HALLANDALE BEACH, FLORIDA, AS AMENDED, AMENDING CHAPTER 30, UTILITIES, ARTICLE II, WATER SERVICE, DIVISION 4, WATER CONSERVATION, SECTION 30-133, RESTRICTIONS ON LANDSCAPE IRRIGATION, ESTABLISHING MANDATORY YEAR-ROUND LANDSCAPE IRRIGATION MEASURES; TO PROVIDE FOR A PROHIBITION OF WASTEFUL AND UNNECESSARY WATER USE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Motion carried on a 4/1 Roll Call vote as follows:

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

NAYS:Commissioner Ross

MOTIONBY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LEWY, TO RECONSIDER ITEM #7.A. The Motion carried on a 5/0 Voice vote.

Mayor Cooper re-opened the Public Hearing.

Jerry Dobak, 622 SW 9th Street, Hallandale Beach, spoke in support of the proposed water restrictions and of utilizing drought tolerant plants and grass.

Mayor Cooper closed the Public Hearing.

An Ordinance of the City of Hallandale Beach, Florida, Repealing Section 8-113 of The Hallandale Beach Code of Ordinances In Its Entirety and Creating a New Chapter 8, Article IV, Sec. 8-113, Condominiums, The "Comprehensive Emergency Operations Plan Requirements" Providing for Conflicts; Providing for Severability; and Providing for an Effective Date. (Second Reading) (Staff: Fire Chief) (See Backup) AR#006/11

TH CITY COMMISSION APPROVED FIRST READING OF THIS ORDINANCE ON APRIL 6, 2011 BY A ROLL CALL VOTE OF 5/0.

City Manager Antonio provided background information concerning the Item. Daniel Sullivan, Fire Chief, gave a presentation and answered questions posed by the City Commission.

MOTIONBY COMMISSIONER ROSS, SECONDED BY VICE MAYOR SANDERS, TO ADOPT ON SECOND READING AN ORDINANCE OF THE CITY OF HALLANDALE BEACH, FLORIDA, REPEALING SECTION 8-113 OF THE HALLANDALE BEACH CODE OF ORDINANCES IN ITS ENTIRETY AND CREATING A NEW CHAPTER 8, ARTICLE IV, SEC. 8-113, CONDOMINIUMS, THE "COMPREHENSIVE EMERGENCY OPERATIONS PLAN REQUIREMENTS" PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Mayor Cooper opened the Public Hearing.

Carlos Simmons, 120 Golden Isles Drive, Hallandale Beach, was absent from the meeting but provided a list of questions concerning the Ordinance which were read into the record.

Mayor Cooper closed the Public Hearing and called the Question.

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

NAYS:None

An Ordinance of the City of Hallandale Beach, Florida, Amending Chapter 21 "Personnel," Section 21-32 "Persons Covered; Employment to be Based on Merit," to Expand the Factors by which an Employee is Employed and Retained; Amending Chapter 21 "Personnel," Section 21-91 "Examinations; Lists of Eligibles; Appointments and Promotions to be Made Only From Lists of Eligibles" to Allow Individuals who Meet Certain Conditions to be Certified as One of the Eligibles to Fill an Entry Level Firefighter Position, an Entry Level Police Officer Position and an Entry Level Community Service Aide Position; Providing for a Repealer; Providing for Inclusion in the Code; Providing for Severability; and Providing for an Effective Date. (Second Reading) (Staff: Director of Personnel/Labor Relations) (See Backup)

THE CITY COMMISSION APPROVED FIRST READING OF THIS ORDINANCE ON APRIL 6, 2011 BY A ROLL CALL VOTE OF 4/1.

City Manager Antonio provided background information concerning the Item and turned the presentation over to staff. Daniel Sullivan, Fire Chief, 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.

MOTIONBY COMMISSIONER ROSS TO ADOPT ON SECOND READING AN ORDINANCE OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 21 "PERSONNEL," SECTION 21-32 "PERSONS COVERED; EMPLOYMENT TO BE BASED ON MERIT," TO EXPAND THE FACTORS BY WHICH AN EMPLOYEE IS EMPLOYED AND RETAINED; AMENDING CHAPTER 21 "PERSONNEL," SECTION 21-91 "EXAMINATIONS; LISTS OF ELIGIBLES; APPOINTMENTS AND PROMOTIONS TO BE MADE ONLY FROM LISTS OF ELIGIBLES" TO ALLOW INDIVIDUALS WHO MEET CERTAIN CONDITIONS TO BE CERTIFIED AS ONE OF THE ELIGIBLES TO FILL AN ENTRY LEVEL FIREFIGHTER POSITION, AN ENTRY LEVEL POLICE OFFICER POSITION AND AN ENTRY LEVEL COMMUNITY SERVICE AIDE POSITION; PROVIDING FOR A REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Commissioner London Seconded the Motion for discussion.

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

MOTIONBY COMMISSIONER ROSS, SECONDED BY COMMISSIONER LONDON, TO APPROVE SECOND READING OF AN ORDINANCE OF THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 21 "PERSONNEL," SECTION 21-32 "PERSONS COVERED; EMPLOYMENT TO BE BASED ON MERIT," TO EXPAND THE FACTORS BY WHICH AN EMPLOYEE IS EMPLOYED AND RETAINED; AMENDING CHAPTER 21 "PERSONNEL," SECTION 21-91 "EXAMINATIONS; LISTS OF ELIGIBLES; APPOINTMENTS AND PROMOTIONS TO BE MADE ONLY FROM LISTS OF ELIGIBLES" TO ALLOW INDIVIDUALS WHO MEET CERTAIN CONDITIONS TO BE CERTIFIED AS ONE OF THE ELIGIBLES TO FILL AN ENTRY LEVEL FIREFIGHTER POSITION, AN ENTRY LEVEL POLICE OFFICER POSITION AND AN ENTRY LEVEL COMMUNITY SERVICE AIDE POSITION; PROVIDING FOR A REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Motion carried on a 5/0 Roll Call vote as follows:

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

NAYS:None

Mayor Cooper recessed the Regular City Commission meeting at 8:59 P.M. and opened

the Special Meeting of the Community Redevelopment Agency Board of Directors.

Refer to CRA Board of Directors Minutes for action taken during CRA Board of Directors Special Meeting.

NOTE: Under CRA Board of Directors Special Meeting:

MOTIONBY DIRECTOR LEWY, SECONDED BY VICE CHAIR SANDERS, TO EXTEND THE MEETING TO 12:00 A.M. The Motion carried on a 5/0 Voice vote.

Mayor Cooper reconvened the Regular City Commission Meeting at 11:03 P.M.

CITY BUSINESS

Pursuant to Chapter 23, Section 105, Request Authorization to Award Bid #FY2010-2011-004, Carver Heights Rehabilitation through the Neighborhood Stabilization Program (NSP). (Staff: Director of Public Works) (See Backup) CAD#006/09

TO BE HEARD IN CONJUNCTION WITH COMMUNITY REDEVELOPMENT AGENCY AGENDA ITEM #3.B.

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

MOTION BY COMMISSIONER ROSS, SECONDED BY COMMISSIONER LEWY, TO PURSUANT TO CHAPTER 23, SECTION 105 COMPETITIVE BIDDING HALLANDALE BEACH CODE OF ORDINANCES, AWARD BID #FY2010-2011-004, CARVER HEIGHTS REHABILITATION THROUGH THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) GRANT, TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, PRIMUS CONSTRUCTION SERVICES, IN THE TOTAL AMOUNT OF $138,617.00; TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE PERTINENT DOCUMENTS TO IMPLEMENT THE PROJECT AND TO ESTABLISH THE APPROPRIATE ACCOUNTS. The Motion carried on a 5/0 Voice vote.

Pursuant to Chapter 23, Section 23-107(2), Purchasing Requirements, of the City of Hallandale Beach Code of Ordinances, Authorize the City Manager to Enter into a Professional Services Agreement with Lambert Advisory, LLC, in an Amount not-to-exceed $ 46,000 to Develop an Economic Development Strategy and Associated Budget Options for the City of Hallandale Beach. (Staff: CRA Director) (See Backup) CAD#019/02

TO BE HEARD IN CONJUNCTION WITH COMMUNITY REDEVELOPMENT AGENCY AGENDA ITEM #3.C.

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

MOTION BY COMMISSIONER ROSS, SECONDED BY COMMISSIONER LEWY, TO PURSUANT TO CHAPTER 23, SECTION 23-107(2), PURCHASING REQUIREMENTS, OF THE CITY OF HALLANDALE BEACH CODE OF ORDINANCES, AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH LAMBERT ADVISORY, LLC IN AN AMOUNT NOT-TO-EXCEED $46,000.00 TO DEVELOP AN ECONOMIC DEVELOPMENT STRATEGY AND ASSOCIATED BUDGET OPTIONS FOR THE CITY OF HALLANDALE BEACH; TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE PERTINENT DOCUMENTS TO IMPLEMENT THE PROJECT; AND TO AUTHORIZE THE CITY MANAGER TO ESTABLISH THE APPROPRIATE ACCOUNTS TO IMPLEMENT THE PROJECT. The Motion carried on a 5/0 Voice vote.

Discussion of Highland Park Village Project (Staff: CRA Director) (See Backup) CAD#021/08 & CR#027/11

TO BE HEARD IN CONJUNCTION WITH COMMUNITY REDEVELOPMENT AGENCY AGENDA ITEM #3.D.

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

MOTIONBY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TOAPPROVE STAFF’S RECOMMENDATIONS AS FOLLOWS:

PURSUANT TO CHAPTER 23, SECTION 23-107 (5), UNIQUE CIRCUMSTANCES, FIND THE PROCESS OF MARKETING AND SELLING THE CITY’S 26 CONDOMINIUM UNITS LOCATED WITHIN THE HIGHLAND PARK VILLAGE PROJECT A UNIQUE CIRCUMSTANCE AND AUTHORIZE THE CITY MANAGER TO SELECT CORE REAL ESTATE SERVICES, INC. TO SERVE AS THE LISTING REALTOR/AGENT TO COORDINATE THE MARKETING AND SALES OF SAID UNITS. UNDER A CONTRACT TERM OF 120 DAYSTHE LISTING REALTOR/AGENT WILL MAKE THESE UNITS AVAILABLE TO OTHER REALTORS THROUGH THE MULTIPLE LISTING SYSTEM (MLS); FURTHERMORE, THE LISTING REALTOR/AGENT WILL COORDINATE THE PACKAGING AND SUBMITTAL OF THE FIRST TIME HOMEBUYER APPLICATIONS TO THE CITY AND WILL ASSIST WITH BANK MORTGAGE APPLICATIONS FOR FIRST TIME HOMEBUYERS.

TO AUTHORIZE THE EXPENDITURE NOT-TO-EXCEED FIVE PERCENT (5%) PER UNIT SALES PRICE FOR LISTING AND COMMISSIONS (3% SELLING REALTOR AND 2% TO THE LISTING REALTOR);

TO AUTHORIZE THE CITY MANAGER TO MAKE THE NECESSARY EXPENDITURES TO COVER THE MAINTENANCE MONTHLY EXPENSES FOR THE CITY-OWNED UNITS UNTIL SUCH TIME THEY ARE SOLD TO A THIRD PARTY;

TO AUTHORIZE THE CITY MANAGER TO EXECUTE ALL THE NECESSARY DOCUMENTS TO ESTABLISH THE PROJECT;

TO AUTHORIZE THE CITY MANAGER TO ESTABLISH THE NECESSARY ACCOUNTS; AND

TO DIRECT STAFF TO PROVIDE THE CITY COMMISSION WITH MONTHLY REPORTS ON THE PROGRESS OF THE PROJECT. The Motion carried on a 5/0 Voice vote.

Discussion of Converting the Temporary Lane Modifications at Hallandale Beach Blvd and Dixie Highway to a Permanent Change. (Director: Utilities & Engineering)(See Backup) AR #001/10

TO BE HEARD AT 7:00 P.M.

City Manager Antonio provided background information concerning the Item and turned the presentation over to staff and the consultants. Rick Labinsky, City Engineer, John Kleinedler, Engineer III, Broward County Traffic Engineering Division, and Jonathan Overton, District Traffic Management Systems Engineer, Florida Department of Transportation, gave a presentation and answered questions posed by the City Commission.

Mayor Cooper opened the floor for public comments.

Jerry Dobak, 622 SW 9th Street, Hallandale Beach, spoke in opposition of making the lane modifications at Hallandale Beach Blvd. and Dixie Highway permanent.

Michelle Lazaro, Hallandale Beach Business Owner, spoke in opposition of removing the left turn lane from Hallandale Beach Blvd onto NE 1st Ave.

Dave Smith, 22 Coconut Avenue, Hallandale Beach, spoke on the need for adequate signage being placed in appropriate locations.

Mayor Cooper closed the floor for public comments.

Mayor Cooper suggested a friendly amendment to direct staff to provide the City

Commission with information regarding the traffic mitigation plan during the construction phase, final design plans and signage, and the dateline for the project’s implementation, and to look at the other side as requested by the City Commission.

Commissioner Lewy accepted the friendly amendment.

MOTIONBY COMMISSIONER LEWY, SECONDED BY COMMISSIONER LONDON, TO APPROVETHE CONVERSION OF THE TEMPORARY LANE MODIFICATIONS AT HALLANDALE BEACH BLVD. AND DIXIE HIGHWAY TO A PERMANENT INSTALLATION AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS TO IMPLEMENT THIS PHASE OF THE PROJECT; TO DIRECT STAFF TO PROVIDE THE CITY COMMISSION WITHINFORMATION REGARDING THE TRAFFIC MITIGATION PLAN DURING THE CONSTRUCTION PHASE, FINAL DESIGN PLANS AND SIGNAGE, AND THE DATELINE FOR THE PROJECT’S IMPLEMENTATION, AND TO LOOK AT THE OTHER SIDE AS REQUESTED BY THE CITY COMMISSION. The Motion carried on a 4/1 Voice vote (Commissioner Ross voted No).

A Resolution of the City of Hallandale Beach, Florida, Authorizing the City Manager to Enter into a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for Financial Management (FM) Number 422276-1 A1A Landscape Enhancement Project. (Staff: Director of Utilities & Engineering) (See Backup) CAD#015/06

City Manager Antonio provided background information concerning the Item and asked that the City Commission support the Resolution.

MOTION BY COMMISSIONER ROSS, SECONDED BY VICE MAYOR SANDERS, TO ADOPTA RESOLUTION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR FINANCIAL MANAGEMENT (FM) NUMBER 422276-1 A1A LANDSCAPE ENHANCEMENT PROJECT. The Motion carried on a 5/0 Roll Call vote as follows:

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

NAYS:None

Discussion of Planning and Zoning Reporting Requirements. (Mayor Joy F. Cooper)

Mayor Cooper introduced the Item and recommended the City Commission support of the recommendations. City Manager Antonio provided background information on the Item and turned the presentation over to staff. Christy Dominguez, Director of Planning and Zoning, provided background information on the Department’s project review processes.

After discussion by the City Commission, consensus was reached to direct staff to research the feasibility and costs associated on the following:

-Make staff report and backup material for Planning and Zoning Board Hearings available to the public a minimum of seven (7) days prior to the meeting.

-To include the current general zoning and land use classifications of the property on the legal notice to the public for all development and redevelopment applications and update this requirement in the Public Notice Administrative Policy.

-To include a list of pending applications on the City’s website to include a general description of the project and outline the redevelopment/application steps to be completed and the estimated timeline for completion. The original application is to be posted on the website as soon as it is received and updated as it goes through the development review process.

MOTIONBY COMMISSIONER LEWY TO DEFER ITEM #8.F. TO BE DISCUSSED DURING A CITY COMMISSION/CITY MANAGER WORKSHOP.

The Motion failed due to lack of a Second.

MOTIONBY COMMISSIONER LEWY, SECONDED BY COMMISSIONER ROSS, TO DIRECT STAFF TO RESEARCH THE FEASIBILITY OF ALL THE SUGGESTIONS PRESENTATED AND BRING BACK A RECOMMENDATION FOR CONSIDERATION WHEN READY. The Motion carried on a 5/0 Voice vote.