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Regular City Commission Meeting

March 20, 2024 ·1:00 PM Final

Commission Chambers Room 219

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 77 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 20, 2024 at 1:09 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 - 16 1:15 PM - Item - 17 thru 20 5:00 PM - Item - 29 thru 31
  6. 1 Moment of Silence ▶ jump to 5:30
  7. 2 Pledge of Allegiance ▶ jump to 5:46
  8. 3 Recognition of Veterans, Active Service Personnel & Their Families ▶ jump to 6:00
  9. 7 Approval of the Consent Agenda Adopted on the Consent Agenda Pass ▶ jump to 8:11
  10. 4 Roll Call ▶ jump to 6:25
  11. 9 PAGE BREAK
  12. 6 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending The Fiscal Year 2024 Operating Budgets Of Various Funds As Adopted And Approved By Resolution R-2023-300; Amending The Fiscal Year 2024 Capital Improvement Plan As Adopted And Approved By Resolution R-2023-301; Authorizing The Appropriate City Officials To Accept Grants And Execute All Applicable Grant Documents. R-2024-080 adopt Pass
  13. 10 CONSENT AGENDA ▶ jump to 6:47
  14. 11 (Items # 5-15)
  15. 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.
  16. 13 OFFICE OF BUDGET & PERFORMANCE MANAGEMENT
  17. 5 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending The Number And Type Of Authorized Positions And Adjusting The Assignments Of The Authorized Positions For Each Department For The Fiscal Year 2024 As Previously Established By R-2023-302. R-2024-079 adopt Pass ▶ jump to 7:26
  18. 6 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending The Fiscal Year 2024 Operating Budgets Of Various Funds As Adopted And Approved By Resolution R-2023-300; Amending The Fiscal Year 2024 Capital Improvement Plan As Adopted And Approved By Resolution R-2023-301; Authorizing The Appropriate City Officials To Accept Grants And Execute All Applicable Grant Documents. R-2024-080 adopt
  19. 16 OFFICE OF THE CITY CLERK
  20. 7 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Calling For The General Election To Be Held On November 5, 2024; Authorizing And Directing The City Clerk To Take Certain Actions In Connection Therewith; Authorizing The Appropriate City Officials To Execute An Agreement With The Broward County Supervisor Of Elections Regarding The Election. R-2024-081 adopt Pass
  21. 18 PAGE BREAK
  22. 19 OFFICE OF HUMAN RESOURCES
  23. 8 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Implement A Settlement With Eric Guerrero In A Gross Amount of $159,656.00, Less All Applicable Deductions And Withholdings For Tax And All Other Purposes, Resulting In A Net Payment Of $112,318.00. R-2024-082 adopt Pass
  24. 21 DEPARTMENT OF DESIGN & CONSTRUCTION MANAGEMENT
  25. 9 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Issue An Authorization To Proceed For Additional Services For Architectural /Engineering Design Services And Construction Administration Fees With Brooks + Scarpa Architects, Inc., For The Art And Culture Center Expansion Project, In An Amount Up To $35,063.00, For A Total Contract Amount Of $313,863.00. R-2024-083 adopt Pass ▶ jump to 240:55
  26. 10 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 Provincial South, Inc., D/B/A PSI Roofing, For Roof Replacement At The Art And Culture Center In An Amount Up To $500,000.00, Based Upon The Interlocal Purchasing System Request For Proposal And Contract Number 211001 For Trades, Labor And Materials, In Accordance With Section 38.41(C)(5) Of The Procurement Code. (Piggyback) R-2024-084 adopt Pass ▶ jump to 241:37
  27. 24 DEPARTMENT OF PARKS, RECREATION & CULTURAL ARTS
  28. 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 The Florida Inland Navigation District 2024 Waterways Assistance Program Grant For The Hollywood Marina Master Plan Phase I Fuel Pier Improvement Project In The Amount Of $137,000.00, With 50% Matching Funds To Be Paid From The Broward County Boating Improvement Program Fund; Authorizing The Execution Of An Agreement With The Florida Fish And Wildlife Conservation Commission; Further Authorizing The Appropriate City Officials To Execute All Other Applicable Grant Documents. R-2024-085 adopt Pass
  29. 26 POLICE DEPARTMENT
  30. 24 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Adopting The Department Of Parks, Recreation And Cultural Arts Sunset Park Master Plan For Purposes Of Future Development Of The Former Sunset Golf Course Site. R-2024-094 adopt Pass ▶ jump to 158:07
  31. 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 Mapleridge Property Owners Association, Inc. R-2024-086 adopt Pass
  32. 28 PAGE BREAK
  33. 29 DEPARTMENT OF PUBLIC UTILITIES
  34. 13 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Contract With National Metering Services, Inc. To Verify Water Service Line Materials In An Amount Up To $414,275.00. R-2024-087 adopt Pass
  35. 14 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 GF 24-01 With Gannett Fleming, Inc. To Provide Professional Engineering Services In An Amount Up To $400,000.00 For Design, Permit, Bid, And Construction Management Services Related To Utility Relocations and Installations As Requested By The Florida Department of Transportation; Amending the Fiscal Year 2024 Capital Improvement Plan. R-2024-088 adopt Pass
  36. 15 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 PA600515 With High Tech Engineering Incorporated, D/B/A High Tech Locating, To Increase The Location Services Citywide Contract Amount From $500,000.00 To $750,000.00 Until June 14, 2024. R-2024-089 adopt Pass
  37. 31 CITIZENS’ COMMENTS ▶ jump to 243:40
  38. 33 PAGE BREAK
  39. 34 1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS
  40. 16 Presentation by James Russo, Fire Chief, Recognizing Recipients Of The Second Chance Coin Award. P-2024-013 A presentation was given ▶ jump to 8:16
  41. 36 1:15 PM TIME CERTAIN ITEM(S) ▶ jump to 18:11
  42. 17 Presentation By Mitch Anton, Chair, Regarding The Annual Report For The Civil Service Board. P-2024-014 A presentation was given ▶ jump to 18:16
  43. 18 Presentation By Jeffrey Freehman, Chair, Regarding The Annual Report For The Education Advisory Committee. P-2024-015 A presentation was given ▶ jump to 27:00
  44. 39 1:15 PM TIME CERTAIN ITEM ▶ jump to 32:32
  45. 19 An Ordinance Of The City Of Hollywood, Florida, Waiving The 10-Acre Minimum Acreage Requirement For A Planned Development District Pursuant To Section 4.15.E.1 Of The Zoning And Land Development Regulations; Changing The Zoning Designation Of The Property Generally Located At 3081 Taft Street From High Multiple Family District (RM-25) To PD (Planned Development); Approving The Planned Development Master Plan For The Subject Property (Hereinafter Known As "Federation Plaza Master Development Plan"); And Amending The City's Zoning Map To Reflect The Change In Zoning Designation. (23-JPWZ-58) PO-2024-02 adopt on second and final reading Pass ▶ jump to 36:42
  46. 41 PAGE BREAK
  47. 42 1:15 PM TIME CERTAIN QUASI-JUDICIAL ITEM ▶ jump to 36:59
  48. 20 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving A Site Plan For The Expansion Of An Existing Surface Parking Lot Within The Federation Plaza Master Development Plan To Accommodate A Future Mixed-Use Development, Located At 3081 Taft Street, Hollywood, Florida (Federation Plaza). (23-JPWZ-58) R-2024-090 adopt Pass ▶ jump to 39:12
  49. 44 QUASI-JUDICIAL ITEM(S)
  50. 21 A Resolution of The City Commission Of The City Of Hollywood, Florida, Considering A Request For Design And Site Plan Approval For A 22-Story, 248-Unit Mixed-Use Development With 7,753 Square Feet Of Commercial Uses Located At 410 North Federal Highway, Hollywood, Florida (Star Tower). (22-JDP-62) R-2024-091 adopt Pass ▶ jump to 41:43
  51. 22 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving The Design And Site Plan For A New Clubhouse And An Addition To The Existing Maintenance Building Known As Hollywood Beach Golf Course And Clubhouse Located At 1645 Polk Street. (22-DP-59) R-2024-092 adopt Pass ▶ jump to 129:57
  52. 47 REGULAR AGENDA
  53. 23 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Appointing City Commission Members As The Voting And Alternate Voting Delegates For The Broward County League Of Cities For The Year 2024 - 2025. R-2024-093 adopt Pass ▶ jump to 130:41
  54. 24 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Adopting The Department Of Parks, Recreation And Cultural Arts Sunset Park Master Plan For Purposes Of Future Development Of The Former Sunset Golf Course Site. R-2024-094 ▶ jump to 157:08
  55. 25 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute Local Funding Agreements And A Maintenance Memorandum Of Agreement With The Florida Department Of Transportation To Fund The Construction Of Four Stormwater Pump Stations Located On State Road A1A In A Lump Sum Amount Of $5,326,909.00; Approving And Authorizing The Execution Of An Interlocal Agreement With The Hollywood Community Redevelopment Agency For Reimbursement To The Department Of Public Utilities For The Cost Of Funding The Construction Of Three Stormwater Pump Stations Located Within The CRA Beach District In A Lump Sum Amount Of $3,441,445.00. R-2024-095 adopt Pass ▶ jump to 206:42
  56. 26 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute Change Orders To Increase The Contract Amount For 2023 Drainage Improvement Project Construction Services With Southeastern Engineering Contractors, Inc. By An Amount Of $1,500,000.00, And With Man Con, Inc. By An Amount Of $1,000,000.00. R-2024-096 adopt Pass ▶ jump to 222:28
  57. 27 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute A Change Order To Blanket Purchase Agreement With Janice M. Riley, Inc., D/B/A The Paving Lady, For Roadways And Streets Maintenance To Increase The Contract Amount From $3,500,000.00 To $4,500,000.00. R-2024-097 adopt Pass ▶ jump to 226:05
  58. 28 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Execute A Contract With QGS Development, Inc. For The Construction Of The Hollywood Beach Golf Course Renovation Project, A General Obligation Bond Project, In An Amount Up To $10,807,447.57, In Accordance With Section 38.41(C)(9) Of The Procurement Code. (Best Interest) R-2024-098 adopt Pass ▶ jump to 154:02
  59. 54 PAGE BREAK
  60. 55 5:00 PM TIME CERTAIN ITEM(S)
  61. 29 An Ordinance Of The City Of Hollywood, Florida, Amending Section 7.4 Of The Zoning And Land Development Regulations To Update Provisions Of The “Parking Payment In Lieu Of Providing Parking” Program. (23-T-18) adopt on second and final reading Pass ▶ jump to 261:52
  62. 30 A Resolution Of The City Commission Of The City Of Hollywood, Florida, Updating The Comprehensive Schedule Of Fees To Support The “Parking Payment In Lieu Of Providing Parking” Program. (23-T-18) R-2024-099 adopt Pass ▶ jump to 262:42
  63. 31 5:00 PM CITIZENS’ COMMENTS (Total Time 30 Minutes) ▶ jump to 242:45
  64. 59 PAGE BREAK
  65. 60 COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY MANAGER
  66. 32 Commissioner Callari, District 3 ▶ jump to 263:01
  67. 33 Commissioner Gruber, District 4
  68. 34 Commissioner Biederman, District 5 ▶ jump to 269:31
  69. 35 Commissioner Quintana, District 6 ▶ jump to 275:19
  70. 36 Commissioner Shuham, District 1 ▶ jump to 279:39
  71. 37 Vice Mayor Anderson, District 2 ▶ jump to 284:37
  72. 38 Mayor Levy ▶ jump to 287:26
  73. 39 City Attorney ▶ jump to 291:41
  74. 40 City Manager ▶ jump to 293:02
  75. 41 ADJOURNMENT ▶ jump to 296:10
  76. 71 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.
  77. 72 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