Regular City Commission Meeting
Commission Chambers Room 219
Agenda — 85 items
- 1 The Regular City Commission Meeting of the City of Hollywood, Florida, was called to order by Mayor Levy on Thursday, October 9, 2025 at 1:15 PM in the City Commission Room, Room 219, 2600 Hollywood Blvd., Hollywood, Florida.
- 2 As a courtesy the City is offering a new option for Citizens’ Comments, other than in-person comments, for persons to participate at 5:00 PM by telephone. The option for public comment via telephone is not available for Proclamations, Presentations or other agenda items. Advance registration is required to participate via telephone for Citizens' Comments at : https://fl-hollywood2.civicplus.com/FormCenter/City-Clerk-12/Citizens-Comments-Telephone-Registration-291 This registration form must be received by noon on the Tuesday prior to the meeting. Requests received after this time will not be honored. The public is encouraged to participate in -person at City Hall, 2600 Hollywood Boulevard, room 219. The Consent Agenda is comprised of items prepared by various offices and departments in the City. These items are routine and/or non-controversial in nature, and may be voted upon by the Commission in one motion as listed below. The Regular agenda consists of items that must be discussed or that could be considered controversial, and are voted upon by the Commission individually. Agenda items not scheduled for a specific time may be considered at any time during the meeting, at the Commission’s discretion. However, time certain items will not be considered by the Commission earlier than the time listed for those items, although those items may be taken up at a later time. The following items on this agenda are time certain items.
- 3 1:00 PM - Item - 24 thru 27 1:15 PM - Item - 28 thru 29 4:00 PM - Item - 37 5:00 PM - Item - 38 thru 40
- 1 Moment of Silence
- 2 Pledge of Allegiance
- 3 Recognition of Veterans, Active Service Personnel & Their Families
- 4 Roll Call
- 7 Approval of the Consent Agenda
- 8 PAGE BREAK
- 9 CONSENT AGENDA
- 10 (Items # 5 - 23)
- 11 If a citizen wishes to comment on a specific item, he/she should submit a comment card to the City Clerk before the Commission approves the consent agenda.
- 12 OFFICE OF THE CITY ATTORNEY
- 5 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Implement A Settlement With Michelle Beira In The Amount Of $125,000.00.
- 6 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Implement A Settlement With Michael Ortiz For Approximately $1,250,000.00.
- 15 OFFICE OF THE CITY MANAGER
- 7 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving General Fund Agency Grants To Certain Non-Profit Organizations Providing Social Services To City Residents; Authorizing The Appropriate City Officials To Execute Miscellaneous Appropriations Agreements With Each Organization For A Total Allocation Of Funding Not To Exceed $250,000.00; Amending The Fiscal Year 2026 Adopted Operating Budget.
- 17 PAGE BREAK
- 18 DEPARTMENT OF DESIGN & CONSTRUCTION MANAGEMENT
- 8 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute A Temporary Access Agreement For Beach Renourishment By The Property Owner Of 501 South Surf Road On Hollywood Beach.
- 9 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Final Ranking Of Engineering Firms For Construction Engineering Inspection Services For Tidal Flooding Mitigation And Shoreline Protection; And Authorizing The Appropriate City Officials To Negotiate A Contract With The Highest-Ranked Firm, R.J. Behar & Company, Inc., For Construction Engineering Inspection Services During The Construction Of The Hollywood Tidal Flooding Mitigation And Shoreline Protection Sites 9,10,17,19,2,22,1 & 18 (FDEP 22FRP13), A General Obligation Bond Project.
- 21 PAGE BREAK
- 22 DEPARTMENT OF DEVELOPMENT SERVICES
- 10 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute An LED Lighting Agreement With Florida Power And Light For The Street Lighting Improvements As Part Of The Taft Street Mobility Improvement Project Between North 40th Avenue And State Road 7.
- 24 DEPARTMENT OF INFORMATION TECHNOLOGY
- 11 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Renewal Term For The Period From October 01, 2025, Through June 30, 2030, For An Amount Up To $285,000.00, Utilizing The State Of Florida Department Of Management Services Contract No. DMS 17/18-004b With AT&T Enterprises Florida, LLC For The Purchase Of SUNCOM Communication Services.
- 26 PAGE BREAK
- 27 DEPARTMENT OF PARKS, RECREATION & CULTURAL ARTS
- 12 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Accept The Area Agency On Aging Broward County, Inc. Hollywood Adult Day Care Center Grant In The Amount Of $249,109.00; Authorizing A Matching Fund Commitment In The Form Of A Donation Of Building Space Valued In The Amount Of $189,150.00, To Provide Adult Day Care Services For Persons Diagnosed With Alzheimer's Disease Or Related Dementia; Authorizing The Appropriate City Officials To Execute All Applicable Grant Documents; Amending The Fiscal Year 2026 Operating Budget.
- 13 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Ranking Of Various Firms To Operate An Adult Day Care Program For Alzheimer’s And Dementia; Authorizing The Appropriate City Officials To Execute An Agreement With The Highest Ranked Firm In An Amount Up To $249,109.00.
- 14 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Issue A Purchase Order To Playcore Wisconsin, Inc. D/B/A Gametime For Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, And Related Products And Services In An Amount Up To $120,179.12 Based Upon Contract #2017001134 Of The City Of Charlotte, NC In Accordance With Section 38.41(C)(5) Of The Procurement Code. (Piggyback)
- 15 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute A Concert Series Agreement With The Rhythm Foundation, Inc. To Provide Producer Services For A Series Of Three Concerts At ArtsPark In An Annual Amount Up To $150,000.00 In Accordance With Section 38.41(C)(9) Of The Procurement Code. (Best Interest)
- 16 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Accept The Florida Department Of Elder Affairs Hollywood Adult Day Care Center Fixed Capital Outlay Grant, In The Amount Of $161,200.00, To Renovate Oaklake Community Center; Authorizing The Appropriate City Officials To Execute All Applicable Grant Documents; Amending The Fiscal Year 2026 Operating Budget.
- 33 POLICE DEPARTMENT
- 17 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Rejecting Proposals For RFQ-172-24-SK Related To Network Infrastructure Consultant Services.
- 34 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute An Agreement With Broward County For The Access And Use Of City Property For The Shore Protection Project, Segment III.
- 18 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Expenditure Of Law Enforcement Forfeiture Funds (State) Pursuant To The Federal Comprehensive Crime Control Act Of 1984, To Provide Funding For Law Enforcement Training, Law Enforcement Investigations (Inclusive Of Overtime And Confidential Informant Fees), And The Acquisition Of Law Enforcement Equipment In An Amount Not To Exceed $225,000.00; Amending The Fiscal Year 2026 Adopted Operating Budget.
- 35 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute An Agreement With Broward County For The Access And Use Of City Property For The Shore Protection Project, Segment III.
- 36 PAGE BREAK
- 36 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute An Agreement With Broward County For The Access And Use Of City Property For The Shore Protection Project, Segment III.
- 37 DEPARTMENT OF PUBLIC UTILITIES
- 19 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute An Authorization To Proceed For Work Order Number B&C 25-04 With Brown And Caldwell For On-Call Professional Engineering Support Services Related To Water And Wastewater Projects, On An As-Needed Basis, In An Amount Up To $200,000.00.
- 20 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Project Funding Agreement And A Maintenance Memorandum Of Agreement With The Florida Department Of Transportation To Accept Funds For The Construction Of A Drainage Ditch And Installation Of A Culvert In An Amount Up To $541,195.00; Amending The Fiscal Year 2026 Operating Budget And Capital Improvement Plan.
- 21 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Issue A Purchase Order To Crom, LLC For Repairs To Ground Storage Tanks 3, 5 & 6 In An Amount Up To $113,960.00 In Accordance With Section 38.41(C)(3) Of The Procurement Code. (Original Equipment Manufacturer)
- 22 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Change Order To Blanket Purchase Agreement Pa601084 With U.S. Water Services Corporation For Professional Services To Increase The Contract Amount From $87,500.00 To $500,000.00 Annually.
- 23 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Relating To The Florida Department Of Environmental Protection State Revolving Fund, Adoption Of The Wastewater Facility To Fully Fund The $13.6 Million Emergency Bar Screen Bypass Project; A Project To Construct A Fully Screened Alternate Wastewater Influent Channel To The SRWWTP To Increase Resilience And Prevent Damage To The Southern Regional Wastewater Treatment Plant During High Flow Conditions.
- 43 PAGE BREAK
- 44 1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS
- 24 A Proclamation In Recognition Of Italian American Heritage Month - October 2025.
- 25 A Proclamation In Recognition Of Cybersecurity Awareness Month, October 2025.
- 26 A Proclamation In Recognition Of National Breast Cancer Awareness Month, October 2025.
- 27 A Proclamation Commemorating The Second Anniversary Of The October 7, 2023 Attack On The State Of Israel.
- 49 PAGE BREAK
- 50 1:15 PM QUASI-JUDICIAL TIME CERTAIN ITEM(S) (Or as soon thereafter as the agenda permits)
- 28 An Ordinance Of The City Of Hollywood, Florida, Changing The Zoning District Designation From North Mixed-Use (N-MU) To Planned Development (PD) And Providing A Waiver Pertaining To The Acreage Of The Properties Located At 4220 And 4231 North 58th Avenue, Totaling Approximately 5.74 Acres; Approving A Master Development Plan To Permit A Mixed-Use Development; Providing For Conditions Of Approval; And Providing For An Effective Date. (24-ZJDP-67)
- 29 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering A Request For A Certificate Of Appropriateness Of Demolition; Certificate Of Appropriateness For Design; And Site Plan Review For An 8-Story Multifamily Residential Complex With 470 Units And Associated Amenities, An Approximately 4,000 Sf Place Of Worship, And Renovations To A Designated Historic Structure (Bryan House, HPOS-12) Located At 4220 And 4231 N 58th Avenue, Within A Historic Overlay District And Planned Development Zoning District.
- 53 REGULAR AGENDA
- 30 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute An Agreement With Broward County For The Access And Use Of City Property For The Shore Protection Project, Segment III.
- 31 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving A Request To Amend The Design For A Mixed-Use Project To Be Known As “Lyfe Resort" (Previously Approved By Resolutions R-2014-096 & R-2016-215), Located At 4111 South Ocean Drive; And Providing An Effective Date. (13-D-103b)
- 32 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Renewal Term For The Period From October 1, 2025, Through June 30, 2030, For An Amount Up To $2,045,000.00, Utilizing The State Of Florida Department Of Management Services Contract No. DMS-17/18-004D With NWN Corporation For The Purchase Of SUNCOM Communication Services.
- 33 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Issue A Purchase Order To High Tech Engineering Incorporated, D/B/A High Tech Locating, And Ratify Services Rendered For Utility Location Services In An Amount Up To $620,923.01 In Accordance With Section 38.41(C)(9) Of The Procurement Code (Best Interest); Amending The Fiscal Year 2025 Operating Budget.
- 34 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Renew Blanket Purchase Agreements With Nice & Smooth Landscape, Corp And Perfect Edge, Inc. For Citywide Grounds Maintenance Services In A Combined Annual Amount Up To $2,157,719.00.
- 35 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Adopting The Update To The Comprehensive Schedule Of Fees.
- 36 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute The First Amendment To The Construction Contract With Florida Sign Group, LLC For Citywide Gateway And Neighborhood Signage Bid No. RFP-174-24-GJ To Amend Exhibit B General Conditions, Article 3.10 Assignment Of Contract; Authorizing The Appropriate City Officials To Assign The Construction Contract With Florida Sign Group, LLC; And Further Authorizing The Appropriate City Officials To Execute All Applicable Assignment Documents For The Citywide Gateway And Neighborhood Signage Project, A General Obligation Bond Project.
- 61 4:00 PM TIME CERTAIN ITEM(S) (Or as soon thereafter as the agenda permits)
- 37 Presentation By Commissioner Callari To Introduce The New Members Of The Youth Ambassador Program.
- 38 CITIZENS’ COMMENTS
- 64 PAGE BREAK
- 65 5:00 PM QUASI-JUDICIAL TIME CERTAIN ITEM(S) (Or as soon thereafter as the agenda permits)
- 39 An Ordinance Of The City Of Hollywood, Florida, Amending Ordinance No. O-76-25 As Amended; By Amending Subsection 3(B) To Modify The Final Site Plan To Include A 110-Unit Multi-Family Project Inclusive Of Parking And Office Space At 1101 Hillcrest Drive. (24-JDP-80)
- 40 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering A Request For Design And Site Plan Approval For A 110-Unit Multi-Family Residential Development Inclusive Of An Approximately 750 Square Foot Office Located At 1101 Hillcrest Drive, Within A Planned Unit Development District. (24-JDP-80)
- 68 PAGE BREAK
- 69 COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY MANAGER
- 41 Vice Mayor Quintana, District 6
- 42 Commissioner Shuham, District 1
- 43 Commissioner Hernandez, District 2
- 44 Commissioner Callari, District 3
- 45 Commissioner Gruber, District 4
- 46 Commissioner Biederman, District 5
- 47 Mayor Levy
- 48 City Attorney
- 49 City Manager
- 50 The meeting adjourned at 6:55 PM. ______________________________ Patricia A. Cerny, MMC City Clerk Hollywood, Florida Approved on: _________________________
- 80 The City of Hollywood is conducting its City Commission Meetings in person at City Hall, located at 2600 Hollywood Boulevard. To view the meeting agenda, please visit hollywoodfl .org. Members of the public may watch the City Commission Meetings via the City’s website at hollywoodfl.org/WatchMeeting, via livestream on the City’s YouTube Channel, on Comcast Channel 78 or ATT U-Verse Channel 99. Any person who wishes to speak must first complete a comment card from the City Clerk. Comment cards must be returned to the City Clerk within the first five minutes after the start of the agenda item. After being recognized, approach the podium, give your name and address, identify your client or clients (if applicable). A citizen's time is not transferable to any other person. Citizens' Comments shall be held on the First and Third Wednesday of each month at the Regular City Commission Meeting in the City Commission Chambers, Room 219, at 5:00 PM. Lobbyist registration is required if any person, firm or corporation is lobbying the City Commission on any petition or issue, pursuant to the Section 30.15 of the Code of Ordinances. Any person wishing to appeal any decision made by this Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and for such purposes may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is made. Two or more members of the same city board, commission, or committee, who are not of this Commission, may attend this meeting and may, at that time, discuss matters on which foreseeable action may later be taken by their board, commission or committee. Persons with disabilities who require reasonable accommodations to participate in City programs and/or services may call the Clarissa Ip, ADA Coordinator/City Engineer, five business days in advance at 954-921-3915 (voice) or email: cip@hollywoodfl.org. If an individual is hearing or speech impaired, please call 1-800-955-8771 (V-TDD). Disclosure of Real Estate Interests and Business Relationships - When an agenda item involves the use or development of land, each member of the City Commission, City Manager, Assistant City Manager(s), City Attorney, Deputy City Attorney, and the director and assistant director (s) of each City department/office shall disclose orally, at the time the City Commission begins to discuss the item, or in writing to the City Clerk prior to the publication of the agenda, any significant interest (as defined below) that such City official or employee or any relative of such City official or employee has in land located within 300 feet of the land that is the subject of the item. When an agenda item involves an invitation for bids, request for proposals, request for qualifications, request for letters of interest, or other competitive solicitation, each member of the City Commission, City Manager, Assistant City Manager(s), City Attorney, Deputy City Attorney, and the director and assistant director (s) of each City department/office shall disclose orally, at the time the City Commission begins to discuss the item, or in writing to the City Clerk prior to the publication of the agenda, any client or business relationship that such City official or employee or any relative of such City official or employee has with any business entity that has submitted a response to the competitive solicitation. “Significant interest” means ownership of more than five percent of the value of the land. Persons attending meetings shall remain seated at all times unless called upon to speak, will not call out comments during the meeting or make inappropriate hand or facial gestures. Please silence all cell phones prior to entering the meeting.
- 81 QUASI-JUDICIAL HEARING PROCEDURES AND RULES FOR EX-PARTE COMMUNICATIONS I. Scope and Applicability. These procedures shall apply to all quasi-judicial hearings held by the City Commission or by any Board or Committee (hereinafter referred to as “Boards”) which holds quasi-judicial hearings. The City Attorney shall determine which matters are quasi-judicial in nature and shall direct the City Clerk or Board liaison to designate specially such matters on the agenda. II. Proceedings. Mayor, Vice Mayor or other presiding officer (hereafter, the "Presiding Officer") shall conduct the proceedings and maintain order. The City Attorney or legal advisor shall represent the City Commission or Board, rule on all evidentiary and procedural issues and objections, and advise the City Commission or Board as to the applicable law and necessary factual findings. Hearings shall be conducted informally, but with decorum. Formal rules of procedure shall not apply except as set forth herein; however, fundamental due process shall be accorded. III. Unauthorized Communications. In all quasi-judicial hearings, all rulings must be based only upon the evidence presented at the hearing. In accordance with Section 286.0115(1), Florida Statutes, ex parte communications with City Commissioners or Board members in quasi-judicial matters is permissible and the adherence to the following procedures shall remove the presumption of prejudice arising from ex parte communications with City Commissioners or Board members: 1. The substance of any ex parte communication with a City Commissioner or Board member which relates to a quasi-judicial action pending before the Commission or Board is not presumed prejudicial to the action if the subject of the communication and the identity of the person, group, or entity with whom the communication took place is disclosed and made a part of the record before the final action on the matter. 2. A City Commissioner or Board member may read a written communication from any person. However, a written communication that relates to a quasi-judicial action pending before the Commission or Board shall not be presumed prejudicial to the action, and such written communication shall be made a part of the record before final action on the matter. 3. City Commissioners or Board members may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is made a part of the record before final action on the matter. 4. Disclosure made pursuant to subparagraphs 1, 2 and 3 must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communication are give a reasonable opportunity to refute or respond to the communication. IV. Witnesses and Supporting Materials. At least eight City business days before a quasi-judicial hearing. A. Staff shall prepare a report, recommendation and supporting materials, a copy of which shall be available to the applicant, appellant and to the public at the City Clerk’s Office. Included in the supporting materials will be copies of all exhibits and documents upon which staff’s recommendation is based. B. The Applicant and the Appellant, if applicable, shall submit a detailed outline of the argument in support of their application, copies of all exhibits which will be presented at hearing and the names and addresses of all witnesses who will be called to testify in support of the application (including resumes for any witness the party intends to qualify as an expert). C. The eight City business day deadline is necessary to ensure the Commission or Board members are given sufficient opportunity to review the written submissions prior to the hearing, and shall be strictly observed. Should the eight day City business day deadline be missed by either staff or the Applicant, the item may be continued at the discretion of the City Commission or Board to the next available agenda. V. Party Intervenors. The City Attorney may allow a person to intervene as a Party Intervenor if they meet the following requirements: A. The person must have an interest in the application, which is different than the public at large. B. At least eight three days prior to the hearing, the person shall submit a written request to intervene including: a detailed outline of their interest in the application and argument in favor or against it, copies of all exhibits which will be presented at the hearing and the names and addresses of all witnesses who will be called to testify on their behalf (including resumes for any witness the person intends to qualify as an expert). VI. Conduct of Hearing. A. The Presiding Officer shall call the proceeding to order and announce that the hearing has begun. B. The Presiding Officer, City Attorney or legal advisor shall inquire whether all parties, members of the public and Commission or Board members agree to waiving the quasi-judicial hearing. C. When the quasi-judicial hearing is not waived, the City Attorney, legal advisor or Presiding Officer shall explain the rules concerning procedure, testimony, and admission of evidence. D. When the quasi-judicial hearing is not waived, the City Clerk or staff liaison shall swear in all witnesses who are to testify at the hearing. E. The order of proof shall be as follows: 1. A representative of the City’s staff (or outside counsel) shall briefly describe the Applicant’s request, introduce and review all relevant exhibits and evidence, report staff’s recommendation, and present any testimony in support of staff’s recommendation. Staff shall have a maximum of 30 minutes to make their full presentation, including opening statement and all direct presentation by witnesses, but excluding any cross-examination or questions from the Commission or a Board member. 2. The Appellant, if applicable, (or his/her representative or counsel) shall present evidence and testimony in support of the application. Appellant shall have a maximum of 30 minutes to make its full presentation, including opening statement and all direct presentation by witnesses, but excluding any cross-examination or questions from the Commission or a Board member. 3. Any Party Intervenor (or his/her representative or counsel) shall present evidence and testimony in support of or opposed to the application. A Party Intervenor shall have a maximum of 30 minutes to make his/her full presentation, including opening statement and all direct presentation by witnesses, but excluding any cross-examination or questions from the Commission or a Board Member. 4. The Applicant (or his/her representative or counsel) shall present evidence and testimony in support of the application. Applicant shall have a maximum of 30 minutes to make his/her full presentation, including opening statement and all direct presentation by witnesses, but excluding any cross-examination or questions from the Commission or a Board member. 5. Any other persons present who wish to submit relevant information to the City Commission or Board shall speak next for a maximum of three minutes each (excluding any cross-examination or questions from the Commission or a Board member). Members of the public will be permitted to present their non-expert opinions, but the Commission or board will be expressly advised that public sentiment is not relevant to the decision, which must be based only upon competent and substantial evidence. 6. The Appellant will be permitted to make final comments, if any (maximum of five minutes). 7. The Applicant will be permitted to make final comments, if any (maximum of five minutes). 8. The Party Intervenor will be permitted to make final comments, if any (maximum of five minutes). 9. The City’s staff will make final comments, if any (maximum of five minutes). 10. At the discretion of the Presiding Officer, the Applicant may be permitted to respond to the final Party Intervenor and staff comments and recommendations (maximum of three minutes). G. The City Attorney or legal advisor will advise the City Commission or Board as to the applicable law and the factual findings that must be made to approve or deny the application. H. The City Commission or Board will conduct open deliberation of the application. The Presiding Officer shall have the discretion to reopen the proceeding for additional testimony or argument by the parties when an outcome substantially different than either the granting or denial of the application is being considered. After deliberations, a vote shall be taken to approve, approve with conditions or deny the application. VII. Examination by Commissioners and City Attorney or Legal Advisor. Commissioners, Board members and the City Attorney or Legal Advisor may ask questions of persons presenting testimony or evidence at any time during the proceedings until commencement of deliberation. VIII. Cross-Examination of Witnesses. After each witness testifies, the City staff representative, the Applicant’s representative, Appellant’s representative, and/or the Party Intervenor’s representative shall be permitted to question the witness, but such cross-examination shall be limited to matters about which the witness testified and shall be limited to five minutes per side. Members of the public will not be permitted to cross-examine witnesses. Cross-examination shall be permitted only as would be permitted in a Florida court of law. IX. Rules of Evidence. A. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a court of law in Florida. Irrelevant, immaterial, harassing, defamatory or unduly repetitive evidence shall be excluded. B. Hearsay evidence may be used for the purposes of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding unless it would be admissible over objection in a civil action. C. Documentary evidence may be presented in the form of a copy or the original. Upon request, parties shall be given an opportunity to compare the copy with the original. X. Statements of Counsel. Statements of counsel, or any non-attorney representative, shall only be considered as argument and not testimony unless counsel or the representative is sworn in and the testimony if based on actual personal knowledge of the matters which are the subject of the statements. XI. Continuances and Deferrals. The City Commission or Board shall consider requests for continuances made by City staff, the Applicant, the Appellant or a Party Intervenor and may grant continuances in its sole discretion. If, in the opinion of the City Commission or Board, any testimony or documentary evidence or information presented at the hearing justifies allowing additional research or review in order to properly determine the issue presented, then the City Commission or Board may continue the matter to a time certain to allow for such research or review. XII. Transcription of hearing. A. The City Clerk or staff liaison shall preserve the official transcript of the hearing through tape recording and/or video recording. B. the Applicant, Appellant or Party Intervenor may arrange, at its own expense, for a court reporter to transcribe the hearing. C. The Applicant, Appellant or Party Intervenor may request that all or a part of the transcript of a hearing be transcribed into verbatim, written form. In such case, the Applicant, Appellant or Party Intervenor requesting the transcript shall be responsible for the cost of production of the transcription and the transcription shall become the official transcript. XIII. Maintenance of Evidence and Other Documents. The Office of the City Clerk or staff liaison shall retain all of the evidence and documents presented at the hearing unless any such evidence is too large to be stored by the City Clerk or staff liaison. In that event, such evidence will be stored in the Community Planning and Development Department. XIV. False Testimony. Any willful false swearing on the part of any witness or person giving evidence before the Commission or Board as to any material fact in the proceedings shall be deemed to be perjury and shall be punished in the manner prescribed by law for such offense. XV. Failure of Applicant to Appear. If the Applicant, the Appellant or Party Intervenor or their representative fails to appear at the time fixed for the hearing, and such absence is not excused by the Commission or Board, the Commission or Board may proceed to hear the evidence and render a decision thereon in absentia. XVI. Subpoena Power. The Applicant, the Appellant or Party Intervenor or City’s staff shall be entitled to compel the attendance of witnesses through the use of subpoenas. All such subpoenas shall be issued by the City Clerk at the request of the Applicant, Appellant or City’s staff. R-2016-334, 11/2/2016