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Regular City Commission Meeting

June 5, 2024 ·1:00 PM Final

Commission Chambers Room 219

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Agenda — 69 items

  1. 1 NOTES
  2. 1 The Regular City Commission Meeting of the City of Hollywood, Florida, was called to order by Mayor Levy on Wednesday, June 5, 2024 at 1:15 PM in the City Commission Room, Room 219, 2600 Hollywood Blvd., Hollywood, Florida. ▶ jump to 7:40
  3. 2 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.
  4. 3 1:00 PM - Item - 19 thru 23 1:30 PM - Item - 24 3:00 PM - Item - 25
  5. 1 Moment of Silence ▶ jump to 9:20
  6. 2 Pledge of Allegiance ▶ jump to 11:40
  7. 3 Recognition of Veterans, Active Service Personnel & Their Families ▶ jump to 11:54
  8. 4 Roll Call ▶ jump to 12:20
  9. 7 Approval of the Consent Agenda Adopted on the Consent Agenda Pass ▶ jump to 13:29
  10. 8 CONSENT AGENDA ▶ jump to 12:39
  11. 9 (Items #5-18)
  12. 10 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.
  13. 11 PAGE BREAK
  14. 12 DEPARTMENT OF COMMUNICATIONS, MARKETING & ECONOMIC DEVELOPMENT
  15. 5 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue A Change Order To Blanket Purchase Agreement Number PA600553 With Brandano Displays, Inc. To Increase The Annual Amount From $75,000.00 To $150,000.00 And To Renew The Blanket Purchase Agreement. R-2024-160 adopt Pass
  16. 14 DEPARTMENT OF DESIGN & CONSTRUCTION MANAGEMENT
  17. 6 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 With Professional Service Industries, Inc. To Provide Materials Testing Services For The New Police Headquarters Project, A General Obligation Bond Project, In An Amount Up To $170,242.50. R-2024-161 adopt Pass
  18. 7 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 With Nova Engineering And Environmental, LLC To Provide Special (Threshold) Inspection And Building Envelope Consulting And Observation Services For The New Police Headquarters Project, A General Obligation Bond Project, In An Amount Up To $292,250.00. R-2024-162 adopt Pass
  19. 8 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 With Craven, Thompson & Associates, Inc. For Architectural/Engineering Services For The Mara Berman Giulianti Park Splash Pad Project, In An Amount Up To $91,150.00. R-2024-163 adopt Pass
  20. 9 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Final Ranking For Construction Engineering Inspection Services 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 For Beverly Park Sidewalk Network And ADA Compliance Project. R-2024-164 adopt Pass
  21. 10 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Final Ranking For Construction Engineering Inspection Services And Authorizing The Appropriate City Officials To Negotiate A Contract With The Highest-Ranked Firm, R.J. Behar & Company, Inc., For The Construction Engineering Inspection Services For The Hollywood Beach Heights And Hollywood Country Estates Sidewalk, ADA Compliance And North 58th Avenue Sharrow Bike Lane Project. R-2024-165 adopt Pass
  22. 20 PAGE BREAK
  23. 21 DEPARTMENT OF PARKS, RECREATION & CULTURAL ARTS
  24. 11 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Apply For And If Awarded, Accept Funding From The Florida Division Of Arts And Culture Cultural Facilities Program For The Sunset Park Project In The Amount of $500,000.00; Authorizing Two To One Matching Funds To Be Paid From The Capital Improvement Fund; Authorizing The Execution Of An Agreement With The Florida Division Of Arts And Culture; Authorizing The Appropriate City Officials To Execute All Other Applicable Grant Documents And Agreements. R-2024-166 adopt Pass
  25. 23 POLICE DEPARTMENT
  26. 12 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute An Agreement For Traffic Control With West Lake Village Homeowners’ Association, Inc. R-2024-167 adopt Pass
  27. 13 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Ratifying The Submission Of An Application To The Florida Inland Navigational District 2024 Waterway Assistance Program Grant For The Boat Lift Project In The Approximate Amount Of $50,000.00 With 50% Matching Funds; Authorizing The Appropriate City Officials To Execute All Grant Documents. R-2024-168 adopt Pass
  28. 26 PAGE BREAK
  29. 27 DEPARTMENT OF PUBLIC UTILITIES
  30. 14 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute Change Order To Blanket Purchase Agreement PA600581 With The Condo Electric Motor Repair Corp. For Motor And Pump Repair Services To Increase The Contract Amount From Up To $380,000.00 To Up To $580,000.00. R-2024-169 adopt Pass
  31. 15 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Renew Blanket Purchase Agreement No. PA600729 With Univar Solutions USA, Inc. For The First Renewal Period From June 5, 2024 Through April 18, 2025 In An Annual Amount Up To $720,000.00 For The Supply And Delivery Of Sodium Hydroxide Under Section 38.49(C)(1) Of The Procurement Code. (Renewals) R-2024-170 adopt Pass
  32. 30 DEPARTMENT OF PUBLIC WORKS
  33. 16 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue A Purchase Order To Glade & Grove Supply Co, LLC For The Purchase Of A New Holland Agricultural Tractor Model TS6.120 HC W/Beach Tires In An Amount Up To $122,680.86 Based Upon Sourcewell-Agricultural Equipment Contract #082923-CNH-2 In Accordance With Section 38.41(C)(5) Of The Procurement Code. (Piggyback) R-2024-171 adopt Pass ▶ jump to 321:20
  34. 31 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering A Request For Design And Site Plan Of A 29-Unit Residential Development Located At 1914-1920 Pierce Street Pursuant To The City Commission Request For Review. (24-CRR-30) R-2024-174 adopt Pass ▶ jump to 215:45
  35. 17 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue A Purchase Order To U.S. Flood Control Corp. For Two Specialized Emergency Response Trailers Model 7x20 Double Axel In An Amount Up To $48,000.00 In Accordance With Section 38.41(C)(2) Of The Procurement Code. (Sole Source) R-2024-172 adopt Pass
  36. 18 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Apply For The Florida Department Of State Division Of Historical Resources Special Category Grant Program For The Hammerstein House Renovations In An Amount Not To Exceed $500,000.00. R-2024-173 adopt Pass
  37. 34 1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS (Or as soon thereafter as the agenda permits)
  38. 19 A Proclamation In Recognition Of National Gun Violence Awareness Day, June 7, 2024. P-2024-046 Proclamation was given ▶ jump to 13:50
  39. 20 A Proclamation In Recognition Of Pride Month, June 2024. P-2024-047 Proclamation was given ▶ jump to 20:59
  40. 21 Presentation By Representative Hillary Cassel, Regarding The 2024 Florida Legislative Session. P-2024-048 A presentation was given ▶ jump to 26:23
  41. 22 Presentation By Jeff Devlin, Police Chief, Recognizing Recipients Of Hollywood Police Department Awards For February, March, And April 2024. P-2024-049 A presentation was given ▶ jump to 39:04
  42. 23 Presentation by James Russo, Fire Chief, Exhibiting Fire Rescue’s Three High Water Vehicles. P-2024-050 A presentation was given ▶ jump to 53:09
  43. 40 1:30 PM TIME CERTAIN ITEM(S) (Or as soon thereafter as the agenda permits)
  44. 24 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering The Request For A Certificate Of Appropriateness For Demolition For A Single-Family Home Located At 1313 And 1317 Harrison Street, Within The Lakes Area Historic Multiple Resource Listing District. (23-CM-53) R-2024-145 adopt Pass ▶ jump to 59:20
  45. 42 3:00 PM TIME CERTAIN QUASI-JUDICIAL ITEM(S) (Or as soon thereafter as the agenda permits)
  46. 25 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering A Request For Design And Site Plan Of A 29-Unit Residential Development Located At 1914-1920 Pierce Street Pursuant To The City Commission Request For Review. (24-CRR-30) R-2024-174 adopt Pass ▶ jump to 215:45
  47. 44 PAGE BREAK
  48. 45 ORDINANCE(S)
  49. 26 An Ordinance Of The City Of Hollywood, Florida, Amending Chapter 33 Of The Code Of Ordinances Titled "Police Officer's Retirement System", Incorporating Various Corrections To The Retirement System Based On An Agreement With The Fraternal Order Of Police, Lodge #24, Including Changes To Preretirement Death Benefits. PO-2024-12 adopt on first reading Pass ▶ jump to 52:38
  50. 27 An Ordinance Of The City Of Hollywood, Florida, Amending Articles 2 And 4 Of The Zoning and Land Development Regulations Providing A Definition And Establishing Performance Standards For K-12 Schools. (24-T-04) PO-2024-11 withdrew Pass ▶ jump to 59:34
  51. 48 REGULAR AGENDA
  52. 28 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Considering The Request Of The City Of Dania Beach, Florida, To Toll All Limitations Periods Associated With Dania Beach’s Ability To Sue The City Of Hollywood For Issues Pertaining To The Large User Agreements As Litigated In The Broward Circuit Court Case Styled City Of Pembroke Pines v. City Of Hollywood. R-2024-175 withdrew Pass ▶ jump to 59:39
  53. 29 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Accepting And Ratifying Staff’s Recommendation For Bid No. IFB-190-24-OT, A Bid For A Fiscal Year 2024 Bank Loan; Accepting The Response Of Webster Bank, N.A. For A Loan To Finance The Acquisition Of Municipal Vehicles; Authorizing The Loan And The Related Issuance Of Private Hauler Franchise Fee Revenue Note, Series 2024, In The Aggregate Principal Amount Not To Exceed $6,600,000.00; Awarding The Note; Approving Execution And Delivery Of A Loan Agreement And The Note In Connection With Such Loan; Authorizing Proper Officers And Employees To Do All Things Deemed Necessary In Connection With The Issuance Of The Note; Providing For Severability. R-2024-176 adopt Pass ▶ jump to 318:33
  54. 30 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Ranking Firms To Provide Comprehensive Fleet Management Services; Authorizing The Appropriate City Officials To Negotiate And Execute An Agreement With Enterprise Fm Trust, A Delaware Statutory Trust, For Comprehensive Fleet Management Services In An Amount Up To $3,000,000.00; Further Authorizing The City Manager To Execute All Applicable Agreements And/Or Documents. R-2024-177 adopt Pass ▶ jump to 318:59
  55. 31 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 PA600825 With Carahsoft Technology Corp. For Permitting Software Licenses, Maintenance, And Information Technology Professional Services, To Increase The Contract Amount From $6,491,872.97 To $7,934,765.84 In Accordance With Section 38.48 Of The Procurement Code. (Change Orders) R-2024-178 adopt Pass ▶ jump to 319:29
  56. 53 PAGE BREAK
  57. 54 COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY MANAGER
  58. 32 Vice Mayor Anderson, District 2 ▶ jump to 321:35
  59. 33 Commissioner Callari, District 3 ▶ jump to 326:22
  60. 34 Commissioner Gruber, District 4 ▶ jump to 335:08
  61. 35 Commissioner Biederman, District 5 ▶ jump to 339:09
  62. 36 Commissioner Quintana, District 6 ▶ jump to 344:26
  63. 37 Commissioner Shuham, District 1 ▶ jump to 358:22
  64. 38 Mayor Levy ▶ jump to 367:02
  65. 39 City Attorney ▶ jump to 372:44
  66. 40 City Manager ▶ jump to 373:55
  67. 41 ADJOURNMENT ▶ jump to 376:52
  68. 65 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 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.
  69. 66 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 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 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