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Regular City Commission Meeting

May 1, 2024 ·1:00 PM Final

Commission Chambers Room 219

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Agenda — 87 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, May 1, 2024 at 1:15 PM in the City Commission Room, Room 219, 2600 Hollywood Blvd., Hollywood, Florida.
  3. 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.
  4. 3 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.
  5. 4 1:00 PM - Item - 17 thru 20 1:15 PM - Item - 21 thru 23 1:30 PM - Item - 24 thru 31 2:00 PM - Item - 32 2:30 PM - Item - 33 5:00 PM - Item - 39 thru 40
  6. 1 Moment of Silence ▶ jump to 14:48
  7. 2 Pledge of Allegiance ▶ jump to 15:16
  8. 3 Recognition of Veterans, Active Service Personnel & Their Families ▶ jump to 15:32
  9. 7 Approval of the Consent Agenda Adopted on the Consent Agenda Pass ▶ jump to 16:45
  10. 4 Roll Call ▶ jump to 15:51
  11. 9 PAGE BREAK
  12. 10 CONSENT AGENDA ▶ jump to 16:09
  13. 11 (Items # 5-16 )
  14. 12 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.
  15. 13 OFFICE OF HUMAN RESOURCES
  16. 5 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Blanket Purchase Agreement With Life Extension Clinics, Inc., d/b/a Life Scan Wellness Centers, To Provide Annual Health Screening Physicals For City Employees In An Amount Up To $520,000.00 For A Three-Month Period, In Accordance With Section 38.41(C)(5) Of The Procurement Code. (Piggyback) R-2024-131 adopt Pass
  17. 15 ENGINEERING, TRANSPORTATION & MOBILITY DIVISION
  18. 6 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Renew The Blanket Purchase Agreement With Circuit Transit Inc. For Micro transit Services In An Estimated Annual Amount Of $535,096.58, Providing For A Total Annual Estimated Cost Of $1,128,942,00 To Be Shared With The Hollywood, Florida, Community Redevelopment Agency For The Period From July 1, 2024 To June 30, 2025. R-2024-132 adopt Pass
  19. 17 PAGE BREAK
  20. 18 DEPARTMENT OF PARKS, RECREATION & CULTURAL ARTS
  21. 7 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Blanket Purchase Agreement With Pyrotecnico Fireworks, Inc. For Offshore Fireworks Display Services In An Annual Amount Up To $140,000.00. R-2024-133 adopt Pass
  22. 20 DEPARTMENT OF PUBLIC UTILITIES
  23. 8 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute The First Renewal Of Blanket Purchase Agreement PA600686 With Airgas USA, LLC For The Supply And Delivery Of Liquid Oxygen In An Annual Amount Up To $298,000.00 For The Period From June 1, 2024 To May 31, 2025. R-2024-134 adopt Pass
  24. 9 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute Authorization To Proceed For Work Order Number H&S 24-05 With Hazen And Sawyer, P.C., Work Order Number TTH 24-02 With Tetra Tech, Inc., Work Order Number B&C 24-04 With Brown And Caldwell, And Work Order Number ARC 24-03 With Arcadis U.S., Inc., To Provide Professional Engineering Services During An Emergency If A Catastrophic Failure Or Unpredictable Damage Occurs, In An Amount Up To $15,000.00 For Each Firm For A Total Amount Up To $60,000.00; Amending the Fiscal Year 2024 Capital Improvement Plan. R-2024-135 adopt Pass
  25. 10 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 CHN 24-02 With Chen Moore And Associates, Inc. To Provide Professional Engineering Services In An Amount Up To $100,000.00 For Design, Permit, Bid, And Construction Management Services Related To The Replacement Of Large Diameter Wastewater Flow Meters And The Installation Of Drinking Water Sampling Stations. R-2024-136 adopt Pass
  26. 11 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 No. JEG 24-01 With Jacobs Engineering Group Inc. To Provide Professional Engineering Services, In An Amount Up To $200,000.00 For Design, Permit, Bid, And Construction Management Services Related To The Headworks Scrubber Rehabilitation Project At The Southern Regional Wastewater Treatment Plant. R-2024-137 adopt Pass
  27. 12 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Designating Public Utility Employees As First Responders, Who Work To Supply Safe Potable Water Before, During, And After Emergencies, To Ensure Wastewater Is Properly Conveyed, Treated, And Disposed Of, And That The City Stormwater System Is Maintained To Aid In Flood Prevention And Management And Who Are At All Times Essential To Protecting The Health And Safety Of Our Community, And As Mandated By The Presidential Directive Of 2003 And State Senate Bill 162; Authorizing The City Manager To Effectuate The Aims Of This Resolution. R-2024-138 adopt Pass
  28. 26 DEPARTMENT OF PUBLIC WORKS
  29. 13 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute A Blanket Purchase Agreement With Rooster Concrete Corp For The Supply And Delivery Of Concrete Ready Mix In An Annual Amount Up To $130,000.00. R-2024-139 adopt Pass
  30. 28 POLICE DEPARTMENT
  31. 14 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute A Blanket Purchase Agreement With Lou’s Police Distributors, Inc., For Glock 47 Firearm Packages In An Annual Amount Up To $100,000.00 Over A Three-Year Period In Accordance With Section 38.41(C)(9) Of The Procurement Code. (Best Interest) R-2024-140 adopt Pass
  32. 33 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 continue Pass ▶ jump to 184:18
  33. 15 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue A Purchase Order To Emergency Vehicles, Inc. For Upfitting Of A Mobile Command Vehicle In An Amount Up To $110,720.00 Based Upon Contract Number FS12-23: Fire Apparatus And Related Vehicles In Accordance With Section 38.41(C)(5) Of The Procurement Code. (Piggyback) R-2024-141 adopt Pass
  34. 16 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Issue A Purchase Order To Phoenix Trading Inc. For A Fluid Watercraft Patrol Boat In An Amount Up To $162,445.00 Based Upon General Services Administration Contract Number 47QMCA18D0006 In Accordance With Section 38.41(C)(5) Of The Procurement Code. (Piggyback) R-2024-142 adopt Pass
  35. 32 PAGE BREAK
  36. 33 1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS
  37. 17 A Proclamation In Recognition Of The 76th Anniversary Of Israel’s Independence Day, May 14, 2024 and Jewish American Heritage Month, May 2024. P-2024-029 Proclamation was given ▶ jump to 17:39
  38. 18 A Proclamation In Recognition Of Public Service Recognition Week, May 5 - 11, 2024. P-2024-030 Proclamation was given ▶ jump to 25:36
  39. 19 Presentation Tami Thornton, Assistant Director of Human Resources, Of The Diamond Service Award Nominees And The Diamond Service Award Recipient By The Diamond Service Award Selection Committee. Presentation George R. Keller, Jr., City Manager, Of The May 2024 Team Diamond Award Recipients. P-2024-031 A presentation was given ▶ jump to 31:15
  40. 20 A Proclamation and Presentation In Recognition Of National Economic Development Week, May 6-10, 2024. P-2024-032 A presentation was given ▶ jump to 51:08
  41. 38 1:15 PM TIME CERTAIN ITEM(S)
  42. 34 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Encouraging The School Board Of Broward County To Explore All Alternatives To Closing Public Schools And Seeking Authorization For The Preferred Right To Purchase, At Fair Market Value, Any Surplus School Board Of Broward County Property Located Within The City Of Hollywood. R-2024-109 adopt Pass ▶ jump to 276:12
  43. 21 Presentation By Clive Taylor, Chair, Regarding The Annual Report For The Hollywood Centennial Celebration Committee. P-2024-033 A presentation was given ▶ jump to 61:50
  44. 22 Presentation By Julie Greenfield, Vice Chair, Regarding The Annual Report For The Marine Advisory Council. P-2024-034 A presentation was given ▶ jump to 68:27
  45. 23 Presentation By Elaine Franklin, Environmental Sustainability Coordinator, Of The City’s Turtle Friendly Lighting Recognition Award To The Sage Beach Condominium. P-2024-035 A presentation was given ▶ jump to 83:37
  46. 42 1:30 PM TIME CERTAIN ORDINANCE(S)
  47. 34 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Encouraging The School Board Of Broward County To Explore All Alternatives To Closing Public Schools And Seeking Authorization For The Preferred Right To Purchase, At Fair Market Value, Any Surplus School Board Of Broward County Property Located Within The City Of Hollywood. R-2024-109 withdrew ▶ jump to 287:15
  48. 24 An Ordinance Of The City Of Hollywood, Florida, Amending Title VII Of The Code Of Ordinances Entitled “Traffic Code” By Creating Chapter 78 Entitled “Speed Detection Systems In School Zones”; Providing For Use Of Traffic Infraction Detectors In Accordance With State Law; Providing For A Local Hearing Officer; Providing A Repealer Provision And Severability. PO-2024-09 adopt on second and final reading Pass ▶ jump to 94:21
  49. 43 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Encouraging The School Board Of Broward County To Explore All Alternatives To Closing Public Schools And Seeking Authorization For The Preferred Right To Purchase, At Fair Market Value, Any Surplus School Board Of Broward County Property Located Within The City Of Hollywood. R-2024-109 Free Form ▶ jump to 287:15
  50. 25 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute A Blanket Purchase Agreement With Blue Line Solutions, LLC For An Automated School Zone Safety System, Services, And Related Equipment In An Annual Amount Of $0.00 Over A Two-Year Period Based Upon Wythe County, Virginia’s Automated Speed Enforcement System Agreement In Accordance With Section 38.41(C)(5) Of The Procurement Code. (Piggyback) R-2024-143 adopt Pass ▶ jump to 183:03
  51. 44 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Encouraging The School Board Of Broward County To Explore All Alternatives To Closing Public Schools And Seeking Authorization For The Preferred Right To Purchase, At Fair Market Value, Any Surplus School Board Of Broward County Property Located Within The City Of Hollywood. R-2024-109 adopt Pass ▶ jump to 287:15
  52. 26 An Ordinance Of The City Of Hollywood, Florida, Amending Various Sections Of Article II Of The City Charter Entitled “The City Commission” And Article III Of The City Charter Entitled “Elections”, All Subject To Approval By The Electorate At A Referendum To Be Held On November 5, 2024. PO-2024-03 adopt on second and final reading Pass ▶ jump to 195:05
  53. 27 An Ordinance Of The City Of Hollywood, Florida, Amending Article IV Of The City Charter Entitled “Initiative”, Including Changes To The Sections Addressing Measures Not Subject To Initiative; Authority To File And Signatures; Petition Requirements And Filing; Certification And Procedures When Insufficient; Submission To Commission; Election Process, And Form Of Ballot, All Subject To Approval By The Electorate At A Referendum To Be Held On November 5, 2024. PO-2024-04 adopt on second and final reading Pass ▶ jump to 206:11
  54. 28 An Ordinance Of The City Of Hollywood, Florida, Amending Article V Of The City Charter Entitled “Referendum”, Including Changes To The Sections Addressing Definitions; Measures Subject To Referendum; Authority To File And Signatures Required; Petition Requirements And Filing; Certification And Procedure When Insufficient; Submission To Commission; Election Process; Form Of Ballot, And Preference When Measures Conflict, All Subject To Approval By The Electorate At A Referendum To Be Held On November 5, 2024. PO-2024-05 adopt on second and final reading Pass ▶ jump to 207:27
  55. 29 An Ordinance Of The City Of Hollywood, Florida, Amending Various Sections Of Article VI Of The City Charter Entitled “City Manager”, Article VII Of The City Charter Entitled “City Attorney”, And Article VIII Of The City Charter Entitled “Officers And Employees”, All Subject To Approval By The Electorate At A Referendum To Be Held On November 5, 2024. PO-2024-06 adopt on second and final reading Pass ▶ jump to 208:30
  56. 30 An Ordinance Of The City Of Hollywood, Florida, Amending Article XI Of The City Charter Entitled “Charter Review Committee”, By Amending Section 11.02 Entitled “Appointment, Membership And Records” And Section 11.03 Entitled “Responsibilities”, Subject To Approval By The Electorate At A Referendum To Be Held On November 5, 2024. PO-2024-07 adopt on second and final reading Pass ▶ jump to 209:42
  57. 31 An Ordinance Of The City Of Hollywood, Florida, Amending Article XIII Of The City Charter Entitled “Limitation On Sale, Lease Or Purchase Of City-Owned Real Property”, By Amending Section 13.01 Entitled “Sale Of City-Owned Property”, Section 13.02 Entitled “Lease Of City-Owned Real Property”, And Section 13.03 Entitled “Purchase Of Real Property By City”, Subject To Approval By The Electorate At A Referendum To Be Held On November 5, 2024. PO-2024-08 adopt on second and final reading Pass ▶ jump to 211:05
  58. 51 2:00 PM TIME CERTAIN ITEM
  59. 32 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Renaming Oakwood Hills Park, Located At 2701 N 26th Avenue, Hollywood, Florida, As “Humanity Park”. R-2024-144 adopt Pass ▶ jump to 202:35
  60. 53 PAGE BREAK
  61. 54 PAGE BREAK
  62. 55 2:30 PM QUASI TIME CERTAIN ITEM
  63. 33 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 ▶ jump to 183:40
  64. 57 REGULAR AGENDA
  65. 58 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Encouraging The School Board Of Broward County To Explore All Alternatives To Closing Public Schools And Seeking Authorization For The Preferred Right To Purchase, At Fair Market Value, Any Surplus School Board Of Broward County Property Located Within The City Of Hollywood. R-2024-109 ▶ jump to 245:26
  66. 35 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Issue A Change Order To A Blanket Purchase Agreement With Qualified Firms For The Emergency Residential Roofing Repairs And The Installation Of Windows And Doors To Increase The Amount From Up To $1,500,000.00 To Up To $5,000,000.00 In Accordance With Section 38.48 Of The Procurement Code. (Change Orders) R-2024-146 adopt Pass ▶ jump to 307:34
  67. 36 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Contract With Southeastern Engineering Contractors, Inc. In An Amount Up To $3,492,641.00 For Construction Services Related To The Lift Station E-08 Upgrade Project; Approving And Authorizing The Appropriate City Officials To Execute An Authorization To Proceed For Work Order Number CTA 24-03 With Craven Thompson And Associates In An Amount Up To $431,966.00 For Construction Administration Services For This Project. R-2024-147 adopt Pass ▶ jump to 308:39
  68. 37 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Final Ranking For Construction Management At Risk Services Firms; Authorizing The Appropriate City Officials To Negotiate A Phase I Preconstruction Services Agreement with The Highest-Ranked Firm, State Contracting & Engineering Corporation, To Provide Construction Management At Risk Services For The Hollywood Beach Clubhouse/Community Center Project, A General Obligation Bond Project. R-2024-148 adopt Pass ▶ jump to 309:58
  69. 38 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Construction Management At Risk Phase II Construction Services Agreement With Moss & Associates, LLC To Provide Construction Management At Risk Services For The New Police Headquarters Project, A General Obligation Bond Project, For A Total Guaranteed Maximum Price In An Amount Up To $82,937,302.00; Amending The Fiscal Year 2024 Operating Budget And Capital Improvement Plan. R-2024-149 adopt Pass ▶ jump to 335:47
  70. 63 5:00 PM TIME CERTAIN ITEM(S)
  71. 39 A Proclamation in Recognition of Drinking Water Week May 5 -11, 2024. P-2024-036 Proclamation was given ▶ jump to 258:13
  72. 40 Presentation Of Awards By Ali Parker, Public Utilities Outreach Administrator, To The Winners Of The 2024 City Of Hollywood, Florida Water Conservation Poster Contest. P-2024-037 A presentation was given ▶ jump to 263:10
  73. 66 PAGE BREAK
  74. 67 PAGE BREAK
  75. 68 COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY MANAGER ▶ jump to 341:09
  76. 41 Commissioner Quintana, District 6 ▶ jump to 341:13
  77. 42 Commissioner Shuham, District 1 ▶ jump to 341:29
  78. 43 Vice Mayor Anderson, District 2 ▶ jump to 345:17
  79. 44 Commissioner Callari, District 3 ▶ jump to 346:56
  80. 45 Commissioner Gruber, District 4 ▶ jump to 353:59
  81. 46 Commissioner Biederman, District 5 ▶ jump to 361:32
  82. 47 Mayor Levy ▶ jump to 367:26
  83. 48 City Attorney ▶ jump to 374:24
  84. 49 City Manager ▶ jump to 375:39
  85. 50 ADJOURNMENT ▶ jump to 383:31
  86. 79 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.
  87. 80 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