MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, NOVEMBER 02, 2011 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 1:08 P.M.

2.  ROLL CALL

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

3.  PLEDGE OF ALLEGIANCE

4.  STUDENT CITIZEN OF THE MONTH AND SCHOOL ACTIVITY UPDATE

Ana Soto was recognized as the October Student Citizen of the Month for Hallandale Elementary.

Maria Alaez was recognized as the October Student Citizen of the Month for Gulfstream Middle.

Max Saint Germain was recognized as the October Student Citizen of the Month for Hallandale High.

Stephanie Coombs was recognized as the October Student Citizen of the Month for Hallandale Adult Community Center.

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, Hallandale High School, provided an update on the activities at Hallandale High School.

Rosanne L. Bagdasarian, Hallandale Adult Community Center, provided an update on the activities at Hallandale Adult Community Center.

MOTION BY COMMISSIONER ROSS, SECONDED BY COMMISSIONER LEWY, TO ACCEPT SUPPLEMENTAL AGENDA ITEM NO. 1 – CONSIDERATION OF CITY ATTORNEY HIRING (The Motion carried on a 5/0 Voice vote)

5.  PUBLIC PARTICIPATION - Items not on the Agenda (To be heard at 1:15 PM)

Csaba Kulin, 600 NE 14th Ave., Hallandale Beach, commented on Item #8.E. on the Agenda regarding the settlement agreement for Red Light Traffic Cameras.

Daniel Weiss, 721 NE 7th Ave., Hallandale Beach, resident of Hallandale Beach who bicycles, stated he would like to be included in any public discussions regarding bicycling.

6.  PRESENTATIONS

A.  Recognition of Hallandale Beach Veterans for their Services in the Armed Forces

Hallandale Beach Veterans were recognized for their Services in the armed forces.

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

Suzanne Friedman, Development Representative, 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 was no Business from Previous Meetings discussed under this Item.

8.  CONSENT AGENDA

A.  Approval of Draft Minutes:

1.  Special City Commission Meeting of September 26, 2011

MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LEWY, TO REVISE THE DRAFT MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF SEPTEMBER 26, 2011, TO REFLECT THE VOTE ON PAGE 5, ITEM #5.C., AND TO BRING BACK FOR CITY COMMISSION CONSIDERATION. The Motion carried on a 5/0 Voice vote.

2.  Special City Commission Meeting of October 17, 2011

3.  Regular City Commission Meeting of October 19, 2011

MOTION BY COMMISSIONER LEWY, SECONDED BY COMMISSIONER ROSS, TO APPROVE THE DRAFT MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF OCTOBER 17, 2011, AND THE REGULAR CITY COMMISSION MEETING OF OCTOBER 19, 2011. The Motion carried on a 4/1 Voice vote (Commissioner London voted No).

9.  CITY BUSINESS

A.  Consideration of City Manager Hiring Process (Staff: Director of Personnel/Labor Relations) (See Backup) CAD #002/12

TO BE HEARD AT 3:00 P.M.

Colin Baezinger, Colin Baezinger & Associates, briefed the City Commission on the proposed City Manager hiring process and time table, recommending the recruitment process to commence in January 2012.

MOTION BY COMMISSIONER ROSS, SECONDED BY VICE MAYOR SANDERS, TO APPROVE STAFF’S RECOMMENDATIONS TO RETAIN THE FIRM COLIN BAENZIGER & ASSOCIATES TO ASSIST THE CITY IN ITS SEARCH FOR ITS NEXT CITY MANAGER; TO BEGIN THE RECRUITMENT PROCESS IN JANUARY 2012; TO, PURSUANT TO CHAPTER 23, SECTION 23-107, OF THE CITY OF HALLANDALE BEACH CODE OF ORDINANCES, AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH COLIN BAENZIGER & ASSOCIATES IN AN AMOUNT NOT-TO-EXCEED $18,000 AND TO ESTABLISH THE NECESSARY ACCOUNT TO COMPLETE THE PROJECT. The Motion carried on a 5/0 Voice vote (Commissioners Lewy and London were away from the dais during the vote)

Mayor Cooper recessed the Regular City Commission Meeting and opened the Three Islands Safe Neighborhood District Board of Directors Special Meeting at 8:45 P.M.

B. Consideration of Security Services for Three Islands Safe Neighborhood District (Staff: Chief of Police) (See Backup) CAD# 024/93

TO BE HEARD IN CONJUNCTION WITH THE THREE ISLANDS SAFE NEIGHBORHOOD DISTRICT BOARD OF DIRECTORS AGENDA ITEM # 3B

City Manager Antonio provided background information on the Item and recommended approval of staff’s recommendations.

MOTION BY DIRECTOR LEWY, SECONDED BY VICE CHAIR SANDERS, TO APPROVE THE THREE ISLANDS SAFE NEIGHBORHOOD DISTRICT ADVISORY COUNCIL’S (TISNDAC) RECOMMENDED TWENTY-FOUR (24) HOUR SECURITY COVERAGE FOR THE DISTRICT AS FOLLOWS: THE THREE ISLANDS SAFE NEIGHBORHOOD DISTRICT WILL BE PATROLLED BY AN OFF-DUTY POLICE OFFICER SEVEN (7) DAYS A WEEK FOR A TOTAL OF 128 HOURS A WEEK AND WILL BE PATROLLED BY A ROVING SECURITY GUARD FOR A TOTAL OF FORTY (40) HOURS A WEEK; AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS TO IMPLEMENT THE PROJECT. The Motion carried on a 5/0 Voice vote.

Chair Cooper closed the Three Islands Safe Neighborhood District Board of Directors Special Meeting and reconvened the Regular City Commission meeting at 9:03 P.M. – Refer to Minutes of the Three Islands Safe Neighborhood District Board of Directors Special Meeting.

NOTE: Item 8.C. was heard before Item 8.B.

Mayor Cooper recessed the Regular City Commission Meeting at 7:30 P.M. and opened the Golden Isles Safe Neighborhood District Board of Directors Special Meeting.

C. A Resolution of the City of Hallandale Beach, Relating to the Golden Isles Safe Neighborhood District; Repealing Resolution No. 2006-04; Amending the Number of Members of the Advisory Council; Establishing Quorum Requirements (Staff: Chief of Police) (See Backup) CMD# 041/92

TO BE HEARD IN CONJUNCTION WITH THE GOLDEN ISLES SAFE NEIGHBORHOOD DISTRICT BOARD OF DIRECTORS AGENDA ITEM # 3B.

City Manager Antonio provided background information on the Item and turned the presentation to Dwayne Flournoy, Chief of Police, and Sergeant Terence Thouez, Police liaison to the Safe Neighborhood District Advisory Board.

The Golden Isles Safe Neighborhood District Board of Directors discussed membership to the Advisory Board and requirements for a quorum.

Chair Cooper opened the floor to Public Comments.

Susan M. Lewis, Chair, Golden Isles Neighborhood District Advisory Board, briefed the Board of Directors on the Advisory Board’s recommendations and spoke in favor of the proposed Resolution.

MOTION BY DIRECTOR LONDON TO APPOINT GARY SCHWARTZ TO THE GOLDEN ISLES SAFE NEIGHBORHOOD DISTRICT ADVISORY BOARD.

It was clarified that before making any new appointments to the Advisory Board, the Resolution revising the Board’s membership needed to be adopted.

The Board of Directors discussed the format of the Advisory Board’s Minutes, as well as its membership and appointments.

MOTION BY DIRECTOR LEWY, SECONDED BY VICE CHAIR SANDERS, TO REVISE SECTION 1 OF THE PROPOSED RESOLUTION TO INCLUDE THE FOLLOWING LANGUAGE WITHIN THE APPROPRIATE SUBSECTIONS: THE ADVISORY COUNCIL SHALL CONSIST OF SEVEN MEMBERS; THE CHAIR AND VICE CHAIR OF THE BOARD OF DIRECTORS WILL EACH HAVE TWO APPOINTMENTS TO THE ADVISORY BOARD, EACH ADDITIONAL APPOINTMENT BEING FOR RESIDENTS FROM THE CONDOMINIUMS LOCATED WITHIN THE SAFE NEIGHBORHOOD DISTRICT – FOR A TOTAL OF TWO REPRESENTATIVES FROM THE CONDOMINIUMS SITTING ON THE ADVISORY BOARD; QUORUM SHALL CONSIST OF A MAJORITY OF THE APPOINTED MEMBERS, WITH A MINIMUM REQUIREMENT OF THREE MEMBERS PRESENT TO CONSIST A QUORUM.

Brian Rosenberg, 484 Sunset Drive, Hallandale Beach, stated his availability to be appointed to the Advisory Board.

Seeing no more speakers, Chair Cooper closed the floor to Public Comments and called the Question.

MOTION BY DIRECTOR LEWY, SECONDED BY VICE CHAIR SANDERS, TO REVISE SECTION 1 OF THE PROPOSED RESOLUTION TO INCLUDE THE FOLLOWING LANGUAGE WITHIN THE APPROPRIATE SUBSECTIONS: THE ADVISORY COUNCIL SHALL CONSIST OF SEVEN MEMBERS; THE CHAIR AND VICE CHAIR OF THE BOARD OF DIRECTORS WILL EACH HAVE TWO APPOINTMENTS TO THE ADVISORY BOARD, EACH ADDITIONAL APPOINTMENT BEING FOR RESIDENTS FROM THE CONDOMINIUMS LOCATED WITHIN THE SAFE NEIGHBORHOOD DISTRICT – FOR A TOTAL OF TWO REPRESENTATIVES FROM THE CONDOMINIUMS SITTING ON THE ADVISORY BOARD; QUORUM SHALL CONSIST OF A MAJORITY OF THE APPOINTED MEMBERS, WITH A MINIMUM REQUIREMENT OF THREE MEMBERS PRESENT TO CONSIST A QUORUM. The Motion carried on a 4/1 Roll Call vote as follows:

AYES: Directors Lewy and Ross, Vice Chair Sanders and Chair Cooper

NAYS: Director London

The Golden Isles Safe Neighborhood District Board of Directors made the following appointments to the Advisory Board:

Chair Cooper: Bruce McNamara, 630 Layne Boulevard, Hallandale Beach –

representing the condominiums.

Susan Lewis, 512 Hibiscus Drive, Hallandale Beach - representing

homeowners.

Vice Chair Sanders: Alex Berkovich, 212 Holiday Drive, Hallandale Beach - representing homeowners.

Director Lewy: Carole Morningstar, 413 Sunset Drive, Hallandale Beach - representing homeowners.

Director London: Gary Schwartz, 612 Hibiscus Drive, Hallandale Beach - representing homeowners.

Director Ross: Phyllis Broccone, 501 Layne Boulevard, Hallandale Beach - representing homeowners.

NOTE: Vice Chair Sanders still has an appointment pending for a representative from the condominiums.

Chair Cooper closed the Golden Isles Safe Neighborhood District Board of Directors Special Meeting and reconvened the Regular City Commission Meeting at 8:46 P.M. – Refer to Minutes of the Golden Isles Safe Neighborhood District Board of Directors Special Meeting.

MOTION BY COMMISSIONER LEWY, SECONDED BY COMMISSIONER ROSS, TO ADOPT THE RESOLUTION AS DISCUSSED. The Motion carried on a 4/1 Roll Call vote as follows:

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

NAYS: Commissioner London

The City Commission discussed the request for a donation to the Broward County Law Enforcement Memorial.

Consensus: To approve a $5,000 donation from the City’s General Fund, Miscellaneous Account.

D.  A Resolution of the City of Hallandale Beach, Florida, Authorizing an Application for and Execution of the Florida Department of State Small Matching Historic Preservation Grant Agreement for the Historic Rehabilitation of the Moffitt House in the Amount of $50,000 (Staff: Director of Public Works, Utilities and Engineering) (See Back-up) BP #014/09

City Manager Antonio provided background information on the Item and turned the presentation to Hector D. Castro, P.E., Director of Public Works/Utilities & Engineering.

MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LEWY, TO APPROVE A RESOLUTION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING AN APPLICATION FOR AND EXECUTION OF THE FLORIDA DEPARTMENT OF STATE SMALL MATCHING HISTORIC PRESERVATION GRANT AGREEMENT FOR THE HISTORIC REHABILITATION OF THE MOFFITT HOUSE IN THE AMOUNT OF $50,000. 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

E.  A Resolution of the City Commission of the City of Hallandale Beach, Florida, Approving the Litigation Stipulation and Agreement of Settlement with Moraima Ramon, on Behalf of Herself and the Class; Authorizing the Appropriate City Officials to Execute the Settlement Agreement and Any Additional Documents Pertaining to the Settlement Agreement and to take all actions necessary to Implement the Terms and Conditions of the Settlement Agreement; Providing for an Effective Date (Staff: City Attorney)(See Backup) CAD# 006/07

On June 1, 2011, the City Commission authorized the Settlement Agreement.

Interim City Attorney Dion provided background information on the Item and turned the floor to Michael Popack, Special Council for the City, who briefed the City Commission on the Item.

MOTION BY COMMISSIONER LONDON TO PLACE AT LEAST FOUR (4) SIGNS – ONE AT EACH CORNER OF THE INTERSECTIONS WHERE RED LIGHT TRAFFIC CAMERAS ARE LOCATED – INDICATING THAT THE INTERSECTION IS BEING MONITORED BY CAMERAS.

After further clarification by Chief of Police Flournoy regarding signage regulations by State Statute, Commissioner London modified his Motion as follows:

MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LEWY, TO DIRECT STAFF TO CONTACT THE APPROPRIATE AGENCIES TO VERIFY IF ADDITIONAL SIGNAGE CAN BE LOCATED AT THE INTERSECTIONS WHERE RED LIGHT TRAFFIC CAMERAS ARE PLACED – INDICATING THAT THE INTERSECTION IS BEING MONITORED BY CAMERAS. The Motion carried on a 4/1 Voice vote (Commissioner Ross voted No)

MOTION BY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TO ADOPT A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE LITIGATION STIPULATION AND AGREEMENT OF SETTLEMENT; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE SETTLEMENT AGREEMENT AND ANY ADDITIONAL DOCUMENTS PERTAINING TO THE SETTLEMENT AGREEMENT AND TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SETTLEMENT AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE.

Mayor Cooper opened the floor to Public Comments.

Daniel Weiss, 721 NE 7th Ave., Hallandale Beach, commented on the Item being discussed.

Seeing no other speakers, Mayor Cooper closed the floor to Public Comments and called the Question.

MOTION BY COMMISSIONER LEWY, SECONDED BY VICE MAYOR SANDERS, TO ADOPT A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE LITIGATION STIPULATION AND AGREEMENT OF SETTLEMENT; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE SETTLEMENT AGREEMENT AND ANY ADDITIONAL DOCUMENTS PERTAINING TO THE SETTLEMENT AGREEMENT AND TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SETTLEMENT AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. The Motion carried on a 3/2 Roll Call vote as follows:

AYES: Commissioners Lewy, Vice Mayor Sanders and Mayor Cooper

NAYS: Commissioners London and Ross

F.  Supplemental Agenda Item No. 1 – Consideration of City Attorney Hiring (Staff: Director of Personnel/Labor Relations) (See Backup) CAD #016/11

The City Commission discussed the proposed employment agreement for Ms. V. Lynn Whitfield, selected to be hired as the City Attorney.

MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER ROSS, TO REMOVE THE WORD “REASONABLE” FROM SECTION 16 OF THE PROPOSED AGREEMENT. The Motion carried on a 5/0 Voice vote.

MOTION BY COMMISSIONER LONDON, SECONDED BY COMMISSIONER LEWY, TO DIRECT INTERIM CITY ATTORNEY DION TO WORK WITH ATTORNEY WHITFIELD TO EXPAND ON THE LANGUAGE/DEFINITION OF “WITH CAUSE” AND “CONVICTION” IN SECTIONS 11.B AND 11.C OF THE DRAFT AGREEMENT AND TO BRING BACK FOR CITY COMMISSION CONSIDERATION AND APPROVAL. The Motion carried on a 5/0 Voice vote.