Call to Order for the Planning & Scheduling Session

MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, HELD ON WEDNESDAY, OCTOBER 2, 2013 AT 6:30 P.M., CITY COMMISSION CHAMBERS, 400 SOUTH FEDERAL HIGHWAY, HALLANDALE BEACH, FL 33009

CALL TO ORDER FOR THE PLANNING & SCHEDULING SESSION

Mayor Cooper called the Planning and Scheduling Session to Order at 6:07 P.M. in the Commission Chambers.

Commissioners Julian and Lazarow, Vice Mayor Lewy and Mayor Cooper, Acting City Manager Rafols and City Attorney Whitfield – All Present.

Commissioner Sanders arrived at 6:15 P.M.

The City Commission discussed the Calendar of Events scheduled for October 2, 2013 through November 6, 2013.

Mayor Cooper advised that she will be away from the City October 9-10, 2013 attending the Mayor’s Water Conservation Summit in Washington, DC.

Consensus:

- To direct staff to coordinate travel arrangements for Commissioners that might want to attend the Public Hearing for the Villa Provence at the Division of Historical Resources on October 23, 2013 in Tallahassee, Florida.

Vice Mayor Lewy advised that he will be away from the City October 24 - 27, 2013.

Consensus:

- To direct staff to work with the Broward County Sherriff’s Office to organize a ‘Shred Event’ during the City’s Annual Greenfest event in 2014.

- To direct staff to place the Home Game Schedule for the Hallandale Magnet High School football team ‘Hallandale Chargers’ on the Commission Calendar.

City Attorney Whitfield reminded the City Commission that she will be out of the office on October 3- 4, 2013.

There being no further discussion by the City Commission, Mayor Cooper adjourned the Planning & Scheduling Session at 6:30 P.M.

1. CALL TO ORDER

October 2, 2013 Mayor Cooper called the Meeting to Order at 6:31 P.M.

2. ROLL CALL

Commissioners Julian, Lazarow and Sanders, Vice Mayor Lewy and Mayor Cooper, City Attorney Whitfield and Acting City Manager Rafols – All Present.

3. PLEDGE OF ALLEGIANCE

4. PRESENTATIONS

A. A PROCLAMATION PROCLAIMING OCTOBER 6-12, 2013 AS FIRE PREVENTION WEEK (STAFF: FIRE CHIEF) (SEE BACKUP)

Mayor Cooper read the Proclamation and the City Commission made the presentation to Daniel P. Sullivan, Fire Chief, and Yvonne Feijoo, Fire Safety Inspector. Chief Sullivan thanked the City Commission for their continued support and shared some of the activities planned for Fire Prevention Week.

B. A PROCLAMATION PROCLAIMING OCTOBER 7-11, 2013 AS EMPLOYEE SPIRIT WEEK (STAFF: CITY CLERK) (SEE BACKUP)

Mayor Cooper read the Proclamation and the City Commission made the presentation to the City’s Spirit Week Committee Members, Cathie Schanz, Director of Parks and Recreation, Leigh-Ann Dawes, Deputy City Clerk, Claudette Fowler, Executive Assistant to the City Manager, Cary Santiago, Administrative Office Assistant V, Demetris Pearson, Administrative Office Assistant III, and Mylene Silvar, Assistant to the Director of Finance. Deputy City Clerk Dawes thanked the City Commission for their continued support and shared some of the activities planned for Employee Spirit Week.

Mayor Cooper read a Proclamation Proclaiming the month of October 2013 as National Breast Cancer Awareness Month and October 18th, 2013 as National Mammography Day. The City Commission presented the proclamation to Dr. Naomi Parker, Cancer Awareness Advocate, Broward Health Foundation and Cora Daise, Assistant Director of Human Services. Dr. Parker and Assistant Director Daise thanked the City Commission for their continued support and shared some of the activities planned for Cancer Awareness Month.

5. PUBLIC PARTICIPATION - (To be heard at 6:45 P.M.)(Speakers must sign-in with the City Clerk)

Ann Henigson, 500 Three Islands Blvd., Hallandale Beach, spoke concerning a recent tow of her vehicle from a neighborhood shopping plaza for unauthorized parking. Ms. Henigson stated that residents and shoppers should be privileged to park in one shopping plaza and complete their shopping activities, as well as to go off property at their leisure without the liability of being towed. She urged the City Commission to contact the property owner to encourage more customer and business-friendly practices.

Answering questions posed by the City Commission, City Attorney Whitfield explained that the City does not regulate parking on private property. Furthermore, Attorney Whitfield indicated the City’s Code restricts distance for towing from private property to no more than five (5) miles from the City.

2 October 2, 2013 Answering questions posed by the City Commission, Dwayne Flournoy, Police Chief, explained that Ms. Henigson’s vehicle was towed 5.9 miles from the City, and therefore the towing company is in violation of the City Code. Chief Flournoy further stated the Police department has notified tow facilities doing business within the City of the restrictions of the City’s Code of Ordinances. Additionally, Chief Flournoy noted that the property in question is posted in accordance with the requirements of the Code.

Answering questions posed by the City Commission, City Attorney Whitfield stated that the City may cite the tow company for the violation.

The City Commission discussed the need for accurate signage and to encourage the property owners to implement more customer-oriented and business-friendly practices.

Consensus:

- To direct staff to contact the property owner to clarify their parking polices and to suggest that courtesy be given to patrons who start out shopping at the property then visit adjacent properties; and

- To direct the City Attorney to research amendatory language to strengthen the City’s parking/towing ordinance.

6. COMMISSIONER COMMUNICATIONS - Items not on the Agenda

A. COMMISSIONER JULIAN

Commissioner Julian had no Communications.

B. COMMISSIONER LAZAROW

Commissioner Lazarow, Spoke in opposition of the City’s funding allocation for the South Florida Sun Times Newspaper noting that the information published is sometimes inaccurate. Additionally, Commissioner Lazarow spoke in support of fair journalism and fact-checking by stating that since the South Florida Sun Times does not permit submission of rebuttal articles, then the names of City Commissioners should not be published in writings submitted by the Mayor to the publication.

Commissioner Julian spoke in support of submitting “Letters to the Editor” and suggested opening discussions with the South Florida Sun Times requesting they consider allowing the same.

C. COMMISSIONER SANDERS

Commissioner Sanders had no Communications.

D. VICE MAYOR LEWY

Vice Mayor spoke in support of fair journalism and fact checking.

Vice Mayor Lewy spoke concerning red-light traffic cameras, traffic signalization and the timing of Broward County-operated signals within the City of Hallandale Beach. Additionally, Vice Mayor Lewy addressed the need to ensure that traffic signalizations throughout the City are properly timed in accordance with the Florida Department of Transportation’s (FDOT’s) requirements.

3 October 2, 2013 Consensus:

- To direct staff to contact Broward County and request a report showing the timing for traffic signalization throughout the City, including of a comparison chart with the timing requirements and safety protocols issued by FDOT to ensure the City’s lights are in compliance with FDOT’s requirements.

Vice Mayor Lewy spoke regarding recent code violations at the DeSoto Park Condominiums.

Answering questions posed by Vice Mayor Lewy, Daniel Rosemond, Deputy City Manager, provided an update regarding code violations issued for unpermitted work at the Desoto Park Condominiums.

Vice Mayor Lewy announced that he recently passed the certification examination for the Pension Trustee Board, and he is now a Certified Pension Trustee. Additionally, he questioned when retroactive pay counts towards retirement for police and fire personnel.

Consensus:

- To direct staff to research the information regarding retroactive salary payments for Police and Fire personnel; and to provide a follow-up report with the monetary impacts outlining how officers retroactive pay is applied to the allocation for retirement.

E. MAYOR COOPER

Mayor Cooper spoke concerning the accumulation of fines on properties currently in the process of transfer of ownership and the need for implementing a grace period within which time the fines cease to accumulate.

City Attorney Whitfield explained that a Code Enforcement Settlement Agreement can be negotiated with the new property owner, which will stop the accumulation of fines for a certain period of time, and include a specific time for reinstatement of the fines should compliance not be achieved as required. Additionally, City Attorney Whitfield noted that the Mitigation Policy could be amended to allow the City Manager to negotiate and enter into a Code Enforcement Settlement Agreement for these type of cases as necessary.

After further discussion by the City Commission, the following consensus was reached.

Consensus:

- To direct staff to amend the City’s Administrative Policy for Mitigation of Fines and Liens to authorize the City Manager to negotiate and enter into a Code Enforcement Settlement agreements to grant temporary reprieve to new owners of property with existing liens and daily fines as necessary.

The City Commission discussed the status of redevelopment of Hallandale Auto Electric located at 719 N. Dixie Highway, Hallandale Beach, Florida.

4 October 2, 2013 Mayor Cooper spoke concerning recent questions raised by the Golden Isles Safe Neighborhood District Advisory Board regarding the regulation of rental facilities within the City; and the need to ensure that they are in compliance with the City’s codes.

Mayor Cooper spoke concerning the need for follow-up on the request to waive double-permit fees assessed to the Village at Gulfstream Park for unpermitted work seeing that a permit application was already in process with the City.

Answering questions posed by Mayor Cooper, Acting City Manager Rafols explained that a comprehensive Agenda Item is forthcoming to the City Commission with all the backup information for City Commission discussion.

Mayor Cooper requested staff include a list of the businesses which have received waivers or mitigation of permit fines in the past, and questioned if this can be done as an Administrative Policy rather than by Motion of the City Commission.

Consensus:

- To direct staff to prepare an Agenda Item for discussion regarding mitigation of the Village at Gulfstream’s double-permit fee penalty outlining the application and permit timeline and process; and to include a list of the businesses that have received waivers or mitigation of permit fines, this Agenda Item is to be presented at the November 6, 2013 City Commission meeting.

As part of the City’s legislative agenda, Mayor Cooper requested staff to work with the state lobbyist to research the possibility of revising the City’s regulations on short-time rentals, which at this time are preempted by the State.

City Attorney Whitfield advised that although unrelated to the permit in question, the Village of Gulfstream will be brought before the City’s Special Magistrate for unpermitted work on Thursday, October 3, 2013.

The City Commission discussed the meeting calendar for the months of December 2013 and January 2014 and reached the following consensus.

Consensus:

- To combine the 1st & 2nd City Commission Meetings in December 2013; and to schedule the meeting for December 11th, 2013, at 6:30 P.M. in the City Commission Chambers.

- To cancel the December 16, 2013 City Commission/City Manager Workshop; the HBCRA Regular Meeting will remain on December 16, 2013 at 6:00 P.M. in the Commission Chambers.

- To reschedule the 1st meeting in January 2014 from January 1 to January 8, 2014 at 6:00 P.M. in the Commission Chambers.

- To schedule the City Commission/City Manager Workshop in January 2014 for January 13, 2014, at 6:05 P.M. or at the adjournment of the preceding HBCRA Regular Meeting which will begin at 6:00 P.M.

5 October 2, 2013 - To schedule the 2nd meeting in January 2014 for January 15, 2014 at 6:30 P.M. in the City Commission Chambers.

7. CITY ATTORNEY COMMUNICATIONS - Items not on the Agenda

City Attorney Whitfield presented the City’s Interim Litigation Status Report.

8. CITY MANAGER COMMUNICATIONS - Items not on the Agenda

Acting City Manager Rafols had no Communications.

9. APPROVAL OF DRAFT MINUTES

A. SEPTEMBER 18, 2013 REGULAR CITY COMMISSION MEETING

MOTION BY VICE MAYOR LEWY, SECONDED BY COMMISSIONER JULIAN, TO APPROVE THE DRAFT MINUTES OF THE SEPTEMBER 18, 2013 REGULAR CITY COMMISSION MEETING. The Motion carried on a 5/0 Voice vote.

10. CONSENT AGENDA

MOTION BY COMMISSIONER LAZAROW, SECONDED BY VICE MAYOR LEWY, TO APPROVE THE CONSENT AGENDA. The Motion carried on a 5/0 Roll call vote as follows:

AYES: Commissioners Julian, Lazarow and Sanders, Vice Mayor Lewy and Mayor Cooper

NAYS: None

A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AWARDING BID #FY2012-2013-009, FURNISHING AND INSTALLING PLANTS FOR THREE ISLANDS BOULEVARD MEDIANS PROJECT TO THE LOWEST, RESPONSIBLE, RESPONSIVE BIDDER, VISUALSCAPE, INC., IN THE AMOUNT NOT TO EXCEED NINETY THREE THOUSAND SEVEN HUNDRED EIGHTY FIVE ($93,785.00) DOLLARS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH VISUALSCAPE, INC.; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS, UTILITIES & ENGINEERING) (SEE BACKUP)

B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE QUICKLIME FROM THE USE OF CONTRACT #11-25B BETWEEN THE CITY OF TAMARAC AND CHEMICAL LIME COMPANY OF ALABAMA, LLC, D/B/A LHOIST NORTH AMERICA OF ALABAMA, LLC, AS ATTACHED AS EXHIBIT "2 "IN THE TOTAL AMOUNT OF ONE HUNDRED NINETY FOUR THOUSAND THREE HUNDRED FIFTY ($194,350) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS, UTILITIES & ENGINEERING) (SEE BACKUP)

C. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SODIUM HYPOCHLORITE FROM THE USE OF TERM CONTRACT #11071A BETWEEN PALM

6 October 2, 2013 BEACH COUNTY, FLORIDA AND ALLIED UNIVERSAL CORPORATION OF MIAMI, FLORIDA, AS ATTACHED AS EXHIBIT 2 IN THE TOTAL AMOUNT OF ONE HUNDRED ONE THOUSAND AND THREE ($101,003) DOLLARS, AUTHORIZATION TO INCLUDE SURCHARGE AGREEMENT TO LEASE BULK STORAGE TANKS; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS, UTILITIES & ENGINEERING) (SEE BACKUP)

D. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE WATER METERS AND WATER METER PARTS FROM SENSUS USA INC., THE SOLE SOURCE MANUFACTURER OF THE CITY'S WATER METERS, AND WATER METER PARTS AND ANCILLARY EQUIPMENT, IN THE TOTAL AMOUNT OF EIGHTY-NINE THOUSAND ($89,000) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS, UTILITIES & ENGINEERING) (SEE BACKUP)

E. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE TIRES FROM THE USE OF STATE TERM CONTRACT #863-000-10-1 BETWEEN FLORIDA DEPARTMENT OF MANAGEMENT SERVICES AND GOODYEAR TIRE AND RUBBER COMPANY AS ATTACHED AS EXHIBIT 2; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS, UTILITIES & ENGINEERING) (SEE BACKUP)

F. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SEWER REHABILITATION SERVICES FROM THE USE OF CONTRACT #2011-08 BETWEEN THE CITY OF NORTH MIAMI BEACH AND LMK PIPE RENEWAL, LLC, AS ATTACHED AS EXHIBIT 2 FOR A TOTAL AMOUNT OF FIVE HUNDRED THOUSAND ($500,000) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS, UTILITIES & ENGINEERING) (SEE BACKUP)

G. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING AND RELATED DOCUMENTS, IN SUBSTANTIALLY THE SAME FORM AS ATTACHED AS EXHIBIT "A"; BETWEEN SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE AND THE CITY OF HALLANDALE BEACH, FOR THE PURCHASE OF DIESEL FUEL AND UNLEADED GASOLINE; AND PROVIDING AN EFFECTIVE DATE. (STAFF: DIRECTOR OF PUBLIC WORKS, UTILITIES & ENGINEERING) (SEE BACKUP)

H. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE UTILIZATION OF STATE OF FLORDIA CONTRACT #600-000-11-1 WITH TOSHIBA FOR THE LEASE OF COPIERS AND THE PURCHASE OF TONERS, SUPPLIES, AND MAINTENANCE SERVICES FOR ALL CITY PRINTERS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS TO EFFECTUATE THE PURCHASE FOR FISCAL YEAR 2013 - 2014; AND PROVIDING AN EFFECTIVE DATE. (STAFF: PROCUREMENT DIRECTOR) (SEE BACKUP)

I. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE UTILIZATION OF THE SOUTHEAST FLORIDA COOPERATIVE CONTRACT #10(14)28-02-06-17-V WITH AMSAN FLORIDA FOR THE PURCHASE OF JANITORIAL SUPPLIES AND CHEMICALS FOR FISCAL YEAR 2013-2014;

7 October 2, 2013 AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS TO EFFECTUATE THE PURCHASE; AND PROVIDING AN EFFECTIVE DATE. (STAFF:PROCUREMENT DIRECTOR) (SEE BACKUP)

J. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE UTILIZATION OF THE U.S. COMMUNITIES CONTRACT #11019 WITH HOME DEPOT FOR SUPPLIES AND MATERIALS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS TO EFFECTUATE THE PURCHASE FOR FISCAL YEAR 2013-2014; AND PROVIDING AN EFFECTIVE DATE. (STAFF: PROCUREMENT DIRECTOR) (SEE BACKUP)

11. ORDINANCES ON FIRST READING

12. ORDINANCES ON SECOND READING/PUBLIC HEARING

13. RESOLUTIONS/PUBLIC HEARING

14. RESOLUTIONS/CITY BUSINESS

A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING 1ST AMENDMENT TO THE LEASE AGREEMENT BY AND BETWEEN THE CITY AND PRH-2600, HALLANDALE BEACH, LLC; AUTHORIZING THE CITY MANAGER TO EXECUTE 1ST AMENDMENT IN SUBSTANTIALLY THE SAME FORM AS ATTACHED AS IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. (STAFF: CITY MANAGER) (SEE BACKUP)

Acting City Manager Rafols provided background information regarding the Item and noted that The Related Group currently utilizes the City’s North Beach Center as a sales center for its Beachwalk project and desires to expand its utilization as a sales center for the Hyde Beach Resort Project which is proposed to be built north of the City’s Beach Municipal Building. Additionally, Acting City Manager Rafols provided an overview of the amendments to the agreement regarding changes in the monthly rental fee, off-site improvements, signage and concessions for beach renourishment and lifeguard stands. Additionally, Acting City Manager Rafols answered questions posed by the City Commission.

MOTION BY VICE MAYOR LEWY TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE 1ST AMENDMENT TO THE LEASE AGREEMENT BY AND BETWEEN THE CITY AND PRH-2600, HALLANDALE BEACH, LLC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE 1ST AMENDMENT IN SUBSTANTIALLY THE SAME FORM AS ATTACHED AS IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.

Commissioner Lazarow Seconded the Motion for discussion.

8 October 2, 2013 Jennifer Frastai, Assistant City Manager, and Daniel Sullivan, Fire Chief, answered questions posed by the City Commission regarding the beach lifeguard stands and the number of stands needed to provide adequate safety for beach patrons.

Commissioner Lazarow suggested the City Commission request the developer provide additional concessions to fund the City’s beach renourishment project.

Answering questions posed by Commissioner Julian, Eric Fordin, representative, PRH-2600 Hallandale Beach, LLC, 315 South Biscayne Blvd., 4th Floor, Miami, Florida, stated that the developer has not yet finalized an agreement with an operator for the North Beach Concession. Additionally, Mr. Fordin provided an update regarding the status of permit applications submitted to the City.

After further discussion by the City Commission, Mayor Cooper called the Question.

MOTION BY VICE MAYOR LEWY, SECONDED BY COMMISSIONER LAZAROW, TO APPROVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, APPROVING THE 1ST AMENDMENT TO THE LEASE AGREEMENT BY AND BETWEEN THE CITY AND PRH-2600, HALLANDALE BEACH, LLC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE 1ST AMENDMENT IN SUBSTANTIALLY THE SAME FORM AS ATTACHED AS IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. The Motion carried on a 5/0 Roll Call vote as follows:

AYES: Commissioners Julian, Lazarow and Sanders, Vice Mayor Lewy and Mayor Cooper

NAYS: None

B. ITEM OF APPEAL REGARDING THE REVOCATION OF MASSAGE THERAPY SERVICES CERTIFICATE; APPELLANT: HAI ZHEN GONG, OWNER, YIN YANG MASSAGE LOCATED AT 415 WEST HALLANDLAE BEACH BLVD. HALLANDALE BEACH, FLORIDA. (STAFF: DIRECTOR OF DEVELOPMENT SERVICES) (SEE BACKUP)

Mayor Cooper introduced the Item and turned the proceedings over to the City Attorney.

City Attorney Whitfield provided background information regarding the Item noting that the Business Tax Receipt for the Ying Yang Massage establishment located at 415 West Hallandale Beach Blvd. was revoked by the City for failure to comply with Section 7-461 of the City’s code.

City Attorney Whitfield further explained the process for the evening’s proceedings and noted that the City Commission sits as the jury and can either: uphold the revocation, modify and/or overturn the revocation.

City Attorney noted that there was a representative in the audience for the Landlord of the property located at 415 West Hallandale Beach Blvd., Hallandale Beach, who requested to address the City Commission concerning the Item; however the individual is not a witness on behalf of the City.

Answering questions posed by Mayor Cooper, City Attorney Whitfield explained that the City Commission may hear additional comments regarding the item at their discretion.

9 October 2, 2013 Sheena D. James, City Clerk, administered the Oath of Truthful Testimony to the potential witnesses.

Ira Shapiro, 9655 S. Dixie Highway, Pinecrest, Florida, noted that he is the Property Manager of 409 Hallandale Inc., which is the owner of the property located at 415 W. Hallandale Beach, Hallandale Beach, Florida, currently occupied by the Ying Yang Massage establishment and advised that the landlord of said property has issued a Notice of Default to the tenant for past due rent and will be processing an eviction if the amount due remains unpaid.

Attorney Lionel Greenblatt, representing Ying Yang Massage, 1860 N. Pine Island Road, Plantation, Florida cross-examined Mr. Shapiro.

The City Commission discussed the relevance of Mr. Shapiro’s testimony to the matter being considered.

Attorney Greenblatt noted that he will not be calling any witnesses to testify on behalf of Ying Yang Massage.

City Attorney Whitfield called the first witness: Undercover Detective “A.”.

City Clerk James Administered the Oath of Truthful testimony to Undercover Detective “A” and Sandra Sewell, AOA IV/Occupational License.

City Attorney Whitfield questioned Undercover Detective “A” and presented as evidence information received from the Florida Department of Health License Verification, Certificate of Non Licensure and the copies of the City’s Certificate of Use for Massage Therapy Services and as well as Monthly reports received from Ying Yang Massage.

Attorney Greenblatt objected to the presentation of evidence noting that they were not certified originals, and therefore not admissible. City Attorney Whitfield noted the copies presented were sufficient.

Attorney Greenblatt cross-examined the City’s witness – Undercover Detective “A.”

Undercover Detective “A” answered questions posed by the City Commission.

City Attorney Whitfield called the City’s second witness, Ms. Sandra Sewell, Administrative Assistant IV/Occupational License.

City Attorney Whitfield questioned Ms. Sewell regarding the City’s process for receiving and verifying information submitted for Certificate of Use for Massage Therapy Services and the corresponding monthly reports.

Attorney Greenblatt cross-examined the City’s witness – Ms. Sewell.

Ms. Sewell answered questions posed by the City Commission.

The City Commission discussed the evidence presented and the testimony heard.

MOTION BY COMMISSIONER LAZAROW, SECONDED BY COMMISSIONER JULIAN, TO UPHOLD THE CITY MANAGER’S REVOCATION OF THE MASSAGE

10 October 2, 2013 THERAPY SERVICES CERTIFICATE FOR YIN YANG MASSAGE. The Motion carried on a 5/0 Voice vote.

15. ADJOURN

There being no further business before the City Commission, Mayor Cooper adjourned the Meeting at 9:49 P.M.

SUBMITTED BY: Mayor Joy F. Cooper

RECORDING SECRETARY: Sheena D. James, City Clerk

APPROVED BY COMMISSION: October 16, 2013

11 October 2, 2013