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REGULAR AGENDA
CITY COMMISSION, CITY OF HALLANDALE BEACH
WEDNESDAY, SEPTEMBER 03, 2008 10:00 AM
1. CALL TO ORDER
A. Administration of Oath of Office and Seating of Commissioner Anthony Sanders
B. Presentation of Plaque to Commissioner/Vice Mayor Francine Schiller for Years of
Service to the City
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PRESENTATIONS AND REPORTS
A. Presentation of Certificates to the Student Citizens of the Month
B. Recognition of Contribution to the City by Kohl Department Stores
C. Presentation of Weed and Seed Programs and Activities
D. Discussion of Public Works Construction Projects
5. PUBLIC PARTICIPATION (to be heard at 10:15 A.M.)
6. CONSENT AGENDA
A. Approval of Minutes - Regular Meetings of May 21, 2008 and June 4, 2008
7. PUBLIC HEARINGS (to be heard at 10:30 A.M.)
A. An Ordinance of the City of Hallandale Beach, Florida, Repealing City of
Hallandale Beach Ordinance 2008-03; Enacting Section 2-40 of the City of
Hallandale Beach Code of Ordinances to Provide for the Appointment of Two City
Commissioners to the City of Hallandale Beach Police Officers' and Firefighters'
REGULAR AGENDA - September 3, 2008
Page 2
Board of Trustees; Providing for Conflicts; and Severability; Providing for an
Effective Date (Second Reading)(Commissioner Schiller)(see backup)CAD# 002/07
The City Commission adopted the Ordinance on First Reading on June 4, 2008 with a
vote of 4/1
The City Commission failed to adopt the Ordinance on Second Reading on June 18,
2008 with a vote of 2/3
B. An Ordinance Of The City Of Hallandale Beach, Florida, Creating Article VIII,
Chapter 32 to be Entitled, “Notice Requirements” By Amending The City Of
Hallandale Beach Code Of Ordinances, The “Zoning And Land Development
Code”; Providing For Conflicts; Providing For Severability; Providing For An
Effective Date (Second Reading) (Staff: Director, Development Services)(see
backup and backup placed in Commission hallway)CAD #032/07
(The Planning and Zoning Board recommended approval of this item(7-0)on April 23,
2008.)
The City Commission adopted the Ordinance on First Reading on August 20, 2008 with
a 5/0 vote
C. An Ordinance Of The City Of Hallandale Beach, Florida, Amending Chapter 32,
Article IV, Division 3 Of The City Of Hallandale Beach Code Of Ordinances, The
“Land Development Code”; Amending Section 32-263, “Zoning District And
Distance Limitations”,; Providing For Severability; Providing For An Effective Date
(Second Reading) (Staff: Director, Development Services)(see backup)CAD
#016/08
(The Planning and Zoning Board recommended approval of this item (5-0) on July 23,
2008)
The City Commission adopted the Ordinance on First Reading on August 20, 2008 with
a 5/0 vote
D. An Ordinance Of The City Of Hallandale Beach, Florida, Amending Chapter 7,
Article II, Division 3 Of The City Of Hallandale Beach Code Of Ordinances;
Amending Section 7-81, “Nudity, Sexual Conduct Prohibited In Alcoholic
Beverage Establishments.”; Providing For Severability; Providing For An Effective
Date (First Reading) (Staff: Director, Development Services)(see backup)CAD
#016/08
E. An Ordinance of the City of Hallandale Beach, Florida, Increasing All Local
Business Tax Receipt Fees by Five Percent Providing For Conflicts; and
Severability; Providing For an Effective Date (First Reading) (Staff: Director,
Development Services) (See backup)
REGULAR AGENDA - September 3, 2008
Page 3
8. CITY BUSINESS
A. Presentation by PFM Asset Management, LLC of the Surplus Funds for the Period
April 1, 2008 through June 30, 2008. (Presented by Steven Alexander) (see
backup)
TO BE HEARD AT 11:45 A.M.
B. Presentation Regarding The Community of a Lifetime Program (Staff: Director,
Development Services) (see backup) CAD#022/07
C. A Resolution of the City of Hallandale Beach, Florida, Approving Three
Agreements for Railroad Grade Crossings Traffic Control Devices with the Florida
Department of Transportation (FDOT), The Florida East Coast Railway and Miami-
Dade County, For Sharing the Costs of Maintenance of the Signal Equipment
(Staff: Director, Public Works/Utilities & Engineering) (see backup)
D. Discussion of Proposed Broward County Charter Amendments and Impacts (Staff:
Manager, Intergovernmental Relations)(see backup)
E. Consideration of the Scheduled Time for the Second City Commission Meeting of
the Month (City Clerk) (see backup)CAD# 035/07
F. A Resolution of the City of Hallandale Beach, Florida, Supporting an Increase in
Florida's Cigarette Tax (Vice Mayor Julian) (see backup)CAD# 008/08
G. Discussion of Observing "Florida City Government Week" in October and
Associated Activities (Mayor Cooper)(see backup)
9. COMMISSIONER REPORTS
10. OTHER
11. PLANNING AND SCHEDULING MEETING (to be heard during lunch recess in Room
257)
REGULAR AGENDA - September 3, 2008
Page 4
7A. CITY OF HALLANDALE BEACH
MEMORANDUM
DATE: August 22, 2008
TO: D. Mike Good, City Manager
FROM: David Jove, City Attorney
SUBJECT: Ordinance Repealing Police Officers’ and Firefighters’ Board of Trustees and
Enacting a New Section 2-40 of the Code Pertaining to Same
CAD #002/07
______________________________________________________________________
PURPOSE:
To adopt an Ordinance on Second Reading enacting section 2-40 to provide for the
appointment of two city commissioners to the City’s Police Officers’ and Firefighters’ Board of
Trustees (the “Pension Board of Trustees”).
BACKGROUND:
An Ordinance amending Section 2-40 of the City’s Code of Ordinances in order to provide for
two City Commissioners to serve as members of the Pension Board of Trustees in an ex-officio
capacity was adopted on First Reading on June 4, 2008.
On June 18, 2008, the Ordinance did not receive three affirmative votes and failed on Second
Reading. In accordance with Resolution No. 2006-42, which sets procedures for Commission
meetings, any member of the Commission may move for reconsideration of a matter within a
reasonable time. Accordingly, at the August 20, 2008 meeting, Commissioner Schiller moved
for reconsideration for the September 3, 2008 meeting and the Commission so voted.
Accordingly, the Ordinance has been placed on the agenda for reconsideration on Second
Reading.
In order to avoid duplication in the City’s Code, the Pension Ordinance 2008-3, providing for two
City Commissioners to serve as members of the Pension Board of Trustees, shall also be
repealed in the Ordinance enacting Section 2-40.
RECOMMENDATION:
The City Commission adopt the Ordinance on Second Reading.
Reviewed:
_________________________________ _________________
D. Mike Good, City Manager Date
_____Approved _____Disapproved _____Hold for Discussion
09/03/08
REGULAR AGENDA - September 3, 2008
Page 5
7B. CITY OF HALLANDALE BEACH
MEMORANDUM
DATE: August 22, 2008
TO: D. Mike Good, City Manager
FROM: Richard D. Cannone, Director of Development Services
SUBJECT: An Ordinance Of The City Of Hallandale Beach, Florida, Creating Article VIII,
Chapter 32 to be Entitled, “Notice Requirements” By Amending The City Of
Hallandale Beach Code Of Ordinances, The “Zoning And Land Development
Code”; Providing For Conflicts; Providing For Severability; Providing For An
Effective Date. (Second Reading) CAD #07/032
PURPOSE:
The City Commission adopt the Ordinance on Second Reading to create Article VIII “Notice
Requirements” of the Land Development and Zoning Code to set forth procedures to ensure the
opportunity for affected property owners, and other interested parties, to participate in public
deliberations and hearings pertaining to development-related activities.
BACKGROUND/DISCUSSION:
At the August 20, 2008 Commission meeting, the Ordinance was discussed and adopted on
First Reading and Second Reading of the Ordinance was set for September 3, 2008. As part of
the approval the City Commission asked staff to include language establishing posting
requirements for land development applications not associated with a Major Development,
Rezoning or Land Use changes, as these large signs are 4 feet by 4 feet. Staff proposes the
following underlined language be added:
Sign notice shall be given by the applicant by posting a four foot by four foot (4’x4’) sign
stating the time, date, the type of petition being considered, the petition number, and where
further information can be obtained on such matter on the property which is the subject of
an application for Major Development, Land Use Plan Amendment or Rezoning. All other
applications outlined in this article shall be posted by the applicant with a sign provided by
the City.
Staff has provided a sample sign in the Commission Hallway for review and will bring the sign to
the public hearing. These signs will be provided by the City and costs are included as part of
the application fee.
Recommendation
Staff recommends the City Commission consider this item with the suggested revisions and
adopt the Ordinance on Second Reading.
REGULAR AGENDA - September 3, 2008
Page 6
Reviewed:
_______________________________ __________
D. Mike Good, City Manager Date
_____Approved _____Disapproved _____Hold for Discussion
09/03/08
REGULAR AGENDA - September 3, 2008
Page 7
7C. CITY OF HALLANDALE BEACH
MEMORANDUM
DATE: August 22, 2008
TO: D. Mike Good, City Manager
FROM: Richard D. Cannone, Director of Development Services
SUBJECT: An Ordinance Of The City Of Hallandale Beach, Florida, Amending Chapter 32,
Article IV, Division 3 Of The City Of Hallandale Beach Code Of Ordinances, The
“Land Development Code”; Amending Section 32-263, “Zoning District And
Distance Limitations”,; Providing For Severability; Providing For An Effective
Date. (Second Reading)
CAD #016/08
PURPOSE:
The City Commission adopt the Ordinance on Second Reading to amend Chapter 32, Article IV,
Division 3 Of The City Of Hallandale Beach Code Of Ordinances, The “Land Development
Code”; Amending Section 32-263, “Zoning District And Distance Limitations.”
BACKGROUND/DISCUSSION:
At the August 20, 2008 Commission meeting, the Ordinance was discussed and adopted on
First Reading and Second Reading of the Ordinance was scheduled for September 3, 2008.
The City Commission at the August 20, 2008 meeting requested Staff to amend language to
prohibit alcohol at adult businesses. Staff has prepared a separate agenda item on this item.
RECOMMENDATION
Staff recommends the City Commission adopt the attached Ordinance on Second Reading.
Reviewed:
_______________________________ __________
D. Mike Good, City Manager Date
_____Approved _____Disapproved _____Hold for Discussion
09/03/08
REGULAR AGENDA - September 3, 2008
Page 8
7D. CITY OF HALLANDALE BEACH
MEMORANDUM
DATE: August 22, 2008
TO: D. Mike Good, City Manager
FROM: Richard D. Cannone, Director, Development Services Department
SUBJECT: Application #08-70-TC An Ordinance Of The City Of Hallandale
Beach, Florida, Amending Chapter 7, Article II, Division 3 Of The
City Of Hallandale Beach Code Of Ordinances; Amending
Section 7-81, “Nudity, Sexual Conduct Prohibited In Alcoholic
Beverage Establishments.”; Providing For Severability; Providing
For An Effective Date. (First Reading) CAD #016/08
PURPOSE:
To approve on First Reading an Ordinance amending Chapter 7, Article II, Division 3 Of The
City of Hallandale Beach Code of Ordinances; Amending Section 7-81, “Nudity, Sexual Conduct
Prohibited in Alcoholic Beverage Establishments.”
BACKGROUND:
The City Commission at the August 20, 2008 meeting directed staff to strengthen the language
prohibiting alcoholic beverages at adult entertainment businesses. Currently, Section 7-81 of
the Code of Ordinance prohibits the sale or offering for sale of alcoholic beverages in adult
entertainment businesses.
DISCUSSION
Staff is proposing to further strengthen this language in the attached ordinance by adding the
following language:
“Sec. 7-81. Nudity, sexual conduct prohibited in alcoholic beverage
establishments.
(a) No person shall expose to public view his or her genitals, pubic area, vulva, anus,
anal cleft or cleavage, or any portion of the foregoing specified anatomical areas, or any
simulation of such areas in any establishment at which alcoholic beverages, beer or
wine are provided, sold or offered for sale or allowed for consumption on the premises.
(b) No female person shall expose to public view any portion of her breasts
encompassed within an area falling below the horizontal line one would have to draw to
intersect a point above the top of the areola, or any portion of the areola; or any
simulation of such area in any establishment at which alcoholic beverages, beer or wine
are provided, sold or offered for sale or allowed for consumption on the premises. This
definition shall include the entire lower portion of the female breast, but shall not include
REGULAR AGENDA - September 3, 2008
Page 9
any portion of the cleavage of the human female breast exposed by a dress, blouse,
shirt, leotard, bathing suit, or other wearing appeal, provided the areola is not exposed.
(c) No person maintaining, owning or operating an establishment at which alcoholic
beverages, beer or wine are provided, sold or offered for sale or allowed for
consumption on the premises shall suffer or permit any person to expose to public view
his or her genitals, pubic area, vulva, anus, anal cleft or cleavage, or any portion of the
foregoing specified anatomical areas, or simulation of such areas, within any
establishment at which alcoholic beverages, beer or wine are provided, sold or offered
for sale or allowed for consumption on the premises.
(d) No person maintaining, owning or operating an establishment at which alcoholic
beverages, beer or wine are provided, sold or offered for sale or allowed for
consumption on the premises shall suffer or permit any female person to expose to
public view any portion of her breasts encompassed within an area falling below the
horizontal line one would have to draw to intersect a point immediately above the top of
the areola, or any portion of the areola, or any simulation of such areas, within any
establishment at which alcoholic beverages, beer or wine are provided, sold or offered
for sale or allowed for consumption on the premises. This definition shall include the
entire lower portion of the human female breast, but shall not include any portion of the
cleavage of the human breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or
other wearing apparel, provided the areola is not so exposed.
(e) No person shall engage in and no person maintaining, owning or operating an
establishment at which alcoholic beverages, beer or wine are provided, sold or offered
for sale or allowed for consumption on the premises shall suffer or permit any sexual
intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, any sexual act
which is prohibited law, touching, caressing, or fondling of the breasts, buttocks, or any
portion of such areas, anus or genitals or the simulation of such areas, within any
establishment at which alcoholic beverages, beer or wine are provided, sold or offered
for sale for consumption or allowed on the premises.”
By adding this language adult entertainment business would be prohibiting from offering
alcoholic beverages for free or allowing patrons to bring their own alcoholic beverages.
RECOMMENDATION:
The City Commission consider the attached Ordinance on First Reading and schedule Second
reading for September 17, 2008.
Reviewed:
_______________________ ______________
D. Mike Good, City Manager Date
____ Approved ____ Denied ____ Hold for Discussion
Comments:
______________________________________________________________________
REGULAR AGENDA - September 3, 2008
Page 10
______________________________________________________________________
______________________________________________________________________
09/03/08
REGULAR AGENDA - September 3, 2008
Page 11
7E. CITY OF HALLANDALE BEACH, FLORIDA
MEMORANDUM
DATE: August 14, 2008
TO: D. Mike Good, City Manager
FROM: Richard Cannone, Director, Development Services
SUBJECT: An Ordinance Of The City Of Hallandale Beach, Florida,
Increasing All Local Business Tax Receipt Fees By Five
Percent; Providing For Conflicts; And Severability; Providing For
An Effective Date.
____________________________________________________________________________
PURPOSE
To adopt an Ordinance increasing the Local Business Tax Receipt by five (5%) percent; and
schedule Second Reading of the Ordinance for September 17, 2008.
BACKGROUND
Senate Bill 364 was approved by the Governor on May 3, 1993. The legislation permitted a
one-time increase in Local Business Tax Receipt revenues equal to ten (10%) percent of the
previous year's "revenue base". Thereafter, rates may be increased five (5%) percent every two
years, per Section 205.0535(4), Florida Statutes.
In order to collect the additional 10% revenue for Fiscal Year 1994/95, a new Ordinance No. 94-
15 was adopted on June 7, 1994. The establishment of the Equity Study Commission and
passage of that Ordinance not only increased fees by the allowable 10% of base revenue, but
qualified the City to increase Local Business Tax Receipt fees by 5% every two years. Local
Business Tax Receipt fees were frozen by the State of Florida in 1972, and the 10% revenue
increase in 1994 was the first increase in fees permitted by the State since 1980.
DISCUSSION
Local Business Tax Receipt fees were last increased by the City Commission on September 16,
2003 for Fiscal Year 2003/2004. Section 205.0535(4), Florida Statutes, requires an increase be
enacted by at least a majority plus one vote of the Commission
(4-1 or 5-0).
ANALYSIS
The estimated total of the 5% increase proposed in all categories is $16,692 in increased
revenue for Fiscal Year 2008/2009 (see attached revenue breakdown Attachment 1). A listing
of current fees and newly proposed fees is attached as Exhibit A.
REGULAR AGENDA - September 3, 2008
Page 12
CONCLUSIONS/RECOMMENDATIONS
Section 205.042, Florida Statues, requires at least 14 days public notice between the first and
last reading of the Ordinance. Staff recommends the City Commission adopt the attached
Ordinance on First Reading and schedule Second Reading for September 17, 2008.
Prepared By: _________________________
Sandy Sewell, AOA IV
Reviewed:
____________________________________ _______________
D. Mike Good, City Manager Date
______ Approved _____ Denied _______ Hold for Discussion
Comments: _____________________________________________________
________________________________________________________________
________________________________________________________________
RC/CD/ss/sj
09/03/08
REGULAR AGENDA - September 3, 2008
Page 13
8A. CITY OF HALLANDALE BEACH
MEMORANDUM
DATE: July 9, 2008
TO: D. Mike Good, City Manager
FROM: Patricia M. Ladolcetta, Director of Finance
SUBJECT: Presentation by PFM Asset Management, LLC for the Investment
Results for Surplus Funds through 6/30/08
The Finance Department has made arrangements for PFM Asset Management, LLC’s Steven
Alexander to make a presentation on September 3, 2008 to the City Commission on the
Investment Results for Surplus Funds 4/1/08 through 6/30/08.
Accordingly, we have requested a time certain for the presentation, which should last about
fifteen minutes.
Reviewed:
_______________________________ __________
D. Mike Good, City Manager Date
_____Approved _____Disapproved _____Hold for Discussion
PML
09/03/08
REGULAR AGENDA - September 3, 2008
Page 14
8B. CITY OF HALLANDALE BEACH, FLORIDA
MEMORANDUM
DATE: August 22, 2008
TO: D. Mike Good, City Manager
FROM: Richard D. Cannone, Director of Development Services
SUBJECT: Communities for a Lifetime Initiative CAD #07/022
PURPOSE:
To provide the City Commission with a report on the status of the City’s Communities for a
Lifetime Initiative.
BACKGROUND:
The goal of the Communities for a Lifetime Initiative is to help Florida communities become a
better place to live, providing all residents the opportunity to achieve their full potential and
contribute to the betterment of their communities. This means addressing various programming
and servicing components, such as Housing, Transportation and Employment, to ensure our
residents remain in the City of Hallandale Beach, from womb to tomb.
Therefore, on November 21, 2007 the City Commission adopted Resolution No. 2007-41,
supporting the creation of the Communities for a Lifetime Initiative for the City of Hallandale
Beach. Upon adoption, staff coordinated a community kickoff meeting held on March 4, 2008, at
the Cultural Center. The following committees, guided by City staff liaisons, were established at
the meeting:
Staff Liaison Title Committee
1. Victor De Souza Senior Program Coordinator Housing
2. Peter Berger Paramedic/Fire Health and Wellness
3. Art Bousquet Division Chief, Training Health and Wellness
4. Bobby Robinson CRA Manager Education and Employment
5. Radu Dodea Asst. Personnel Director Education and Employment
6. Rebecca Munden-Correa Director Parks and Recreation Comm. Safety & Friendliness
7. Ken Cowley Major-Police Comm. Partners. Comm. Safety & Friendliness
8. Mary Francis Jeannot Administrative Analyst II Transportation
There are a total of approximately (25) resident and (8) staff members, who are currently in the
process of:
1). Identifying existing community programs/services, related to their committee topic;
2). Analyzing the programs, to determine what is working and what needs to be modified,
removed and/or added and;
3). Provide recommendations
REGULAR AGENDA - September 3, 2008
Page 15
This information will then be compiled into a Community for a Lifetime Action Plan. The Plan is
to be submitted to the Department of Elderly Affairs for review and approval of the City of
Hallandale Beach as a participating municipality. The Action Plan is a working document that
will continuously require updates and modifications as demographics and community needs
change.
To increase public knowledge of this initiative, residents can visit the City’s website at
www.hallandalebeachfl.gov and on the CRA home page. Staff has created a link for residents
interested in learning more about Communities for a Lifetime, which will provide them with
answers to frequently asked questions. In addition, if community members are interested in
participating with one of the above committees, they may email or contact staff directly. Staff
will notice future committee meetings through the City’s marquee, Comcast, flyers and the CRA
webpage.
DISCUSSION:
Staff has requested a comprehensive report from all staff liaisons as to the status of their
respective committee, which is to be submitted no later than August 27, 2008.
Staff anticipates bringing the Communities for a Lifetime Action Plan before the City
Commission for approval at the November 19, 2008 Commission meeting. Upon approval, staff
will host a community meeting to present the findings to the entire community.
RECOMMENDATION:
The City Commission receive an update on the Communities for a Lifetime Initiative Program.
Prepared By: __________________________
Bobby Robinson, CRA Manager
Reviewed:
_____________________ _____________
D. Mike Good, City Manager Date
___ Approved ___ Denied ___ Hold for Discussion
Comments:_____________________________________________________________
______________________________________________________________________
09/03/08
REGULAR AGENDA - September 3, 2008
Page 16
8C. CITY OF HALLANDALE BEACH
MEMORANDUM
DATE: May 29, 2008
TO: D. Mike Good, City Manager
FROM: William Brant, Director of Public Works, Utilities and Engineering
SUBJECT: A Resolution Approving Three Agreements for Upgrading and Maintenance of
Railroad Grade Crossings Traffic Control Devices
PURPOSE:
The City Commission is requested to adopt a resolution approving three Railroad
Reimbursement Agreements for Grade Crossing Traffic Control Devices: two between the State
of Florida Department of Transportation (FDOT), the Florida East Coast Railway (FEC) and the
City and one between the State of Florida Department of Transportation (FDOT), the Florida
East Coast Railway (FEC), Miami-Dade County and the City.
BACKGROUND:
The purpose of these Agreements is for the City to accept sharing the expense of maintaining
the new Automatic Grade Crossing Signals, to be installed at no cost to the City at the NE 3rd
Street, SW 3rd Street and SW 11th Street railroad crossings.
The Florida Department of Transportation has evaluated the conditions of the different rail-
highway grade crossings along the FEC corridor within Broward County. It has been determined
that conditions of the equipment and signals at the NE 3rd Street, SW 3rd Street and SW 11th
Street crossings are not as safe as desired and recommended its replacement and repair. In
fact, these three crossings have been rated low in safety as compared to others in the County,
and the evaluation shows existing signals that must be relocated, cabinets that are rusted
and/or antiquated, signals reported malfunctioning.
DISCUSSION:
FDOT will pay in full the cost of the improvements, a total of $629,350. Completion of the
improvements is anticipated before January 2009. After the installation is completed, it is
required the City shares the expense of maintaining same, which will be provided by FEC.
Maintenance will entail upkeep of electric and electronic components as well as mast arms. The
annual cost of maintenance has been made available by FDOT, and is set at $3,146.00 for the
first two crossings, and $3,950.00 for the third one. Based on the percentage of participation,
the City will pay fifty percent (50%) or $1,573.00 for each of the first two and twenty-five percent
(25%) or $987.50 for the third one. Total maintenance cost to the City will be $4,133.50
annually. Funds will be budgeted in the Transportation Fund, Account # 160-4120-541-3455,
Other Service Charges/ Outside Services. The maintenance costs will be revised after five
years.
REGULAR AGENDA - September 3, 2008
Page 17
FDOT has indicated that other municipalities affected by these improvements, including Fort
Lauderdale, Hollywood and Dania Beach, have accepted the responsibility of sharing the costs,
which are standard for all municipalities. Not accepting it could result in FEC no longer operating
the crossing signals, with the closing of the intersections to vehicle traffic. FDOT is in support of
FEC’s request.
RECOMMENDATION:
The City Commission:
1. Adopt a Resolution authorizing approval of three Railroad Reimbursement Agreements
for Grade Crossing Traffic Control Devices: two between the State of Florida Department
of Transportation (FDOT), the Florida East Coast Railway (FEC) and the City and one
between the State of Florida Department of Transportation (FDOT), the Florida East
Coast Railway (FEC), Miami-Dade County and the City.
2. Authorize the expenditure of funds for sharing the cost of maintenance, as required by
the Agreements, as same costs may be revised by the parties.
3. Authorize the City Manager to execute the Agreements on behalf of the City.
Prepared by: ______________________________
Jorge Fernandini, Engineer I
Reviewed:
_______________________________ __________
D. Mike Good, City Manager Date
_____Approved _____Disapproved _____Hold for Discussion
09/03/08
REGULAR AGENDA - September 3, 2008
Page 18
8D. CITY OF HALLANDALE BEACH
MEMORANDUM
DATE: August 12, 2008
TO: D. Mike Good, City Manager
FROM: Franklin L. Hileman, Manager of Intergovernmental Relations
SUBJECT: Discussion of Proposed Broward County Charter Amendments and Impacts
PURPOSE:
Discussion by the City Commission of all currently proposed Charter Review Commission
Resolutions for Amendments to the Broward County Charter.
BACKGROUND:
The City Commission on April 2, 2008 discussed each of the proposed amendments to the
County Charter and adopted resolutions either in support of the county resolution or in
opposition to the resolution.
DISCUSSION
The following are the ballot amendment questions for the November 4, 2008 general election:
Charter Question Number 1
Resolution 2008-001 –Amending Section 3.08
“Creation of a Metropolitan Transit Authority (MTA)”
The County Charter currently provides for an Office/Department of Transportation that is
managed by the County Administrator. The Charter Amendment would create an advisory body
to be known as the Metropolitan Transit Authority, governed by an appointed Board of Trustees,
which will have the responsibility to recommend improvements to the County’s public transit
plan, programs, operations, and to assist with the coordination of a comprehensive, regional
public transit system in Broward County.
The City Commission discussed this question and adopted a Resolution Opposing this change.
Charter Question Number 2
Resolution 2008-002 –Amending Section 2.07
“Non-Interference in County Administration”
The Charter Amendment specifically prohibits the County Commission or individual County
Commissioners from interfering directly with
County employees and provide that all recommendations to the County Administrator be made
through the County Administrator, except for the purposes of formal inquires and investigations.
REGULAR AGENDA - September 3, 2008
Page 19
The City Commission discussed this proposed amendment and adopted a Resolution in support
of the amendment.
Question Number 3
Resolution 2008-003 –Amending Section 2.05
“County Commission meetings Rules and Voting (Recusal)”
This proposed Charter Amendment addresses the current State law which allows a
Commissioner who recuses themselves from voting on a matter being considered by the
Commission due to financial conflicts to participate in discussion on the matter. The Amendment
would require Commissioners who recuse themselves due to a voting conflict resulting from
financial interest in the matter to leave the Commission chamber and not to communicate or
participate in any discussion on that matter.
The City Commission discussed the proposed amendment and adopted a resolution in support
of the amendment.
Question Number 4
Resolution 2008-005 –Creating Section 11.07
“Broward County Housing Council”
The Charter Amendment would create a Broward County Housing Council to serve in a non-
taxing advisory capacity to facilitate coordination between the County, municipalities,
businesses and not-for-profit groups to address such issues as affordable and workforce
housing and homelessness and to make annual recommendations regarding streamlining
governmental regulations and ensuring housing stability.
The proposed Housing Council would be comprised of a diverse group of fifteen voting
members including business owners, non-profits, and an officer of the League of Cities, a City
Manager from a City with a population over 50,000 and a City Manager from a City with a
population under 50,000, each to be appointed by the Broward league of Cities. The Council
presents an opportunity for coordination, but also creates another layer of government.
The City Commission discussed the proposed amendment and adopted a resolution opposing
the amendment.
Question Number 5
Resolution 2008-006 –Creating Section 1.06
“Broward County Regionalism Policy Statement”
The Charter Amendment would add a policy statement to the Broward County Charter defining
Broward County government’s duty as follows:
“Broward County government shall be considered a regional governmental entity and, as such,
shall develop and implement the County’s programs, policies and budget with a regional or
countywide focus on issues including, but not limited to the airport, seaport, transportation,
economic development, parks, and libraries, among others; provided however, that nothing
herein shall prevent the County from delivering services on a less-than-regional basis.”
REGULAR AGENDA - September 3, 2008
Page 20
The City Commission discussed the proposed amendment and adopted a resolution supporting
the amendment.
Question Number 6
Resolution 2008-007 – Amending Article 8, Creating Section 8.13
“Broward County Parks Preservation”
The Charter Amendment would designate County-owned parks as either Natural Area Parks or
Regional Parks, and prohibit the sale, transfer or change of use of such parks without an
affirmative vote of sixty percent (60%) of the County electors.
The City Commission discussed the proposed amendment and adopted a resolution supporting
the amendment.
Question Number 7
Resolution 2008-008 – Creating Section 1.04 (P)
“Broward County Environmental Policy Statement”
The Charter Amendment would add an environmental policy statement to the Broward County
Charter clarifying the Broward County government’s duty to enact ordinances which protect its
citizens’ right to a sustainable environment, including clean air and clean water, while
encouraging the stewardship of natural resources.
The City Commission discussed the proposed amendment and by consensus took no position
on this amendment.
Question Number 8
Resolution 2008-010 – Creating Section 11.08
“Broward County Ethics Commission”
The Charter Amendment would create a Broward County Ethics Commission for the specific
purpose of preparing a Code of Ethics regulating the behavior of Broward County
Commissioners to be considered by the County Commission and/or the electors of Broward
County. Comprised of eleven (11) voting members, one each appointed by
each Commissioner and two Countywide appointed by the Broward League of Cities.
The City Commission discussed the proposed amendment and adopted a resolution supporting
the amendment.
Question Number 9
Resolution 2008-014 – Amending Article II, Section 2.01, Enacting New Section 2.16,
Enacting New Section 2.17
“Redistricting Process”
The Charter Amendment would provide for the use of an independent redistricting consultant to
develop plans for redistricting of the County Commission single-member districts. Provides for
process and procedures for review and adopting the plan.
REGULAR AGENDA - September 3, 2008
Page 21
The City Commission discussed the proposed amendment and adopted a resolution supporting
the amendment.
Question Number 10
Resolution 2008-019, Amending Article X, Section 10.01
“One Year Hiatus between End of MESC and Beginning of CRC”
The Charter currently provides that the Management and Efficiency Study Committee convene
every six (6) years which would next convene in 2010.
The Charter Amendment would require the management and Efficiency Study Committee to
meet in 2009 and every six years thereafter in order to allow a one (1) year hiatus between the
meeting of the Charter Review Commission and the Management and Efficiency Study
Commission.
The City Commission discussed the proposed amendment and adopted a resolution supporting
the amendment.
RECOMMENDATION:
The City of Hallandale Beach City Commission review all of the Broward County Charter
Review Commission’s Resolutions.
Reviewed:
_______________________________ __________
D. Mike Good, City Manager Date
_____Approved _____Disapproved _____Hold for Discussion
09/03/08
REGULAR AGENDA - September 3, 2008
Page 22
8E. CITY OF HALLANDALE BEACH
MEMORANDUM
DATE: August 22, 2008
TO: D. Mike Good, City Manager
FROM: E. Dent McGough, City Clerk/General Services Director
SUBJECT: Consideration of the Scheduled Time for the Second City Commission Meeting of
the Month CAD# 035/07
PURPOSE:
To discuss the six month trial period for the second City Commission meeting of the month.
BACKGROUND:
On March 19, 2008 the City Commission approved, on a six-month trial period, changing the
starting time for the second City Commission meeting of the month from 7:00 P.M. to 1:30 P.M.
for City Business items. With the change, the Commission directed that a summary discussion
of the City Business items and voting on these items be deferred to the 7:00 P.M. evening
session of the City Commission Meeting. No change in schedule was made for the first meeting
of the month. Further, the City Commission previously directed that items which require only
one Public Hearing such as certain land use changes, as well as policy changes and items that
are quasi-judicial in nature shall be heard during the evening portion of the second meeting of
the month.
The six month trial period began at the meeting of April 16, 2008 and is scheduled through
September 17, 2008.
DISCUSSION
The tables below indicate the ending times, number of people who participated in Public
Participation and Public Hearings for the second meeting of the month during the trial period:
Afternoon Session Second Meeting of the Month
Meeting Date End Time # of people
participating in Public
Participation
April 16, 2008 4:13 PM 1
May 21, 2008 4:48 PM 2
June 18, 2008 5:25 PM 0
August 20, 2008 3:04 PM 0
REGULAR AGENDA - September 3, 2008
Page 23
Evening Session Second Meeting of the Month
Meeting Date End Time # of people # of people
participating in Public participating in
Participation Public Hearings
April 16, 2008 2:21 AM 2 8
May 21, 2008 9:52 PM 4 0
June 18, 2008 1:45 AM 2 8
August 20, 2008 11:06 PM 3 9
The average number of persons who participated in Public Participation during the afternoon
session of the second City Commission meeting of the month during the trial period was one.
The average number of persons who participated in Public Participation during the evening
session of the second City Commission meeting of the month during the trial period was
approximately three.
The average number of persons who participated in Public Hearings during the evening session
of the second City Commission meeting of the month during the trial period was approximately
six.
The following table is the number of people who participated in Public Participation and Public
Hearings during the 7:00 PM Commission Meeting Six Month Trial Period October 17, 2007
through March 19, 2008.
Evening Session Second Meeting of the Month
Meeting Date End Time # of people # of people
participating in Public participating in
Participation Public Hearings
October 17, 2007* 9:59 PM 4 0
December 19, 2007 12:54 AM 4 5
January 22, 2008 2:12 AM 2 5
February 20, 2008 12:07 AM 4 14
March 19, 2008 1:11 AM 4 0
*The October 17, 2007 Commission Meeting Agenda had no Public Hearing items.
The average number of persons who participated in Public Participation during the six month
trial period for 7:00 PM City Commission Meeting was approximately four. The average number
of persons who participated in Public Hearings during the six month trial period for 7:00 PM City
Commission Meeting was approximately five.
In comparison of the two trial periods the average number of persons who have participated in
Public Participation and Public Hearings is relatively equal.
RECOMMENDATION:
The City Commission consider the schedule for the Second Commission meeting of the month.
REGULAR AGENDA - September 3, 2008
Page 24
Prepared by: ____________________________
Shari Canada, Deputy City Clerk
Reviewed:
_______________________________ __________
D. Mike Good, City Manager Date
_____Approved _____Denied _____Hold for Discussion
Comments:
09/03/08
REGULAR AGENDA - September 3, 2008
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8F. CITY OF HALLANDALE BEACH
MEMORANDUM
BJ 08-07
DATE: May 31, 2007
TO: D. Mike Good, City Manager
FROM: Vice Mayor Bill Julian
SUBJECT: Resolution in Support of Increasing the State Cigarette Tax CAD 08/08
__________________________________________________________________
The American Cancer Society, together with the Campaign for Tobacco–Free Kids, has
developed a campaign to encourage all states in the United States to pass legislation
implementing an additional $1 Dollar State cigarette tax on a pack of cigarettes. As part of the
campaign, local governments are being asked to pass a Resolution in support of this tax to be
forwarded to their State Legislature and the Governor.
According to the American Caner Society forty-four states have increased cigarette taxes since
January 1, 2002, increasing the average state cigarette tax from $ 43.3 cents to $1.184 per
pack. The campaign states that studies and experience in a number of states show that higher
cigarette taxes are one of the most effective ways to reduce smoking among both youth and
adults. Every 10% increase in the price reduces youth smoking by about seven percent and
overall cigarette consumption by about four percent.
The campaign asserts that cigarette tax increases can generate revenues which can not only
address budget shortfalls but also the funds can be targeted to health care and smoking related
issues as well as anti-smoking campaigns. Polling across the United States indicates that there
is broad bipartisan support for cigarette tax increases especially when funds are dedicated to
anti-smoking or health related programs.
Florida has one of the lowest cigarette tax rates at $0.339 cents per pack, which is the 46th
lowest tax rate in the Country. The average “Major Tobacco State” tax rate is $33.5 cents per
pack. The highest rate in the Country is New York which has a combined state and local
cigarette tax rate of $4.25 per pack.
I believe the City should support the American Cancer Society in its efforts to increase the
Florida Cigarette Excise Tax by at least $1.00 per pack. I am requesting support of the City
Commission by passing the attached Resolution.
Please place this item on the agenda for discussion.
09/03/08
REGULAR AGENDA - September 3, 2008
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8G. CITY OF HALLANDALE BEACH
MEMORANDUM
JC08-022
DATE: August 22, 2008
TO: D. Mike Good, City Manager
FROM: Mayor Joy F. Cooper
SUBJECT: Discussion of Observing “Florida City Government Week” in October and
Associated Activities
I believe it would benefit the City and residents to observe “Florida City Government Week”.
This year’s Florida City Government Week is October 19, 2008 through October 25, 2008.
“Florida City Government Week” is part of an ongoing effort sponsored by the Florida League of
Cities to raise public awareness about the services that cities perform and to educate the public
on how local government works.
As part of this observance, I recommend that the City’s Development Services Department
prepare and conduct a public outreach and education workshop to include Code Enforcement,
Building Permits and an Introduction to Growth Management.
I am requesting the support of the City Commission toward scheduling this observance.
09/03/08
