LTC 336-2021 CITY OF HALLANDALE RESOLUTIONS NO. 2021-083, 2021-084, AND 2021-085...
MIAMI BEACH
OFFICE OF THE CITY CLERK
No. 336-2021
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael E. Granado, City Clerk -:for
DATE: August10,2021
SUBJECT: CITY OF HALLANDALE RESOLUTIONS NO. 2021-083, 2021-084, AND
2021-085
Attached for your information are Resolutions No. 2021-083, 2021-084, and 2021-085, adopted
by the Mayor and City Commission of City of Hallandale on August 4, 2021.
RESOLUTION NO. 2021 -083
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE
BEACH, FLORIDA URGING THE STATE LEGISLATURE TO REQUIRE BUILDING SAFETY
INSPECTIONS EVERY FIVE YEARS FOR CONDOMINIUMS AND ADEQUATE RESERVES
FOR REPAIRS TO PROTECT THE HEAL TH, SAFETY AND WELFARE OF THE COMMUNITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. 2021 -084
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE
BEACH, FLORIDA URGING THE BROWARD BOARD OF RULES AND APPEALS TO
REQUIRE MORE FREQUENT SAFETY INSPECTIONS OF CONDOMINIUMS TO PROVIDE
ADEQUATE NOTICE OF IMPENDING REPAIRS; AND PROVIDING FOR AN EFFECTIVE
DATE.
RESOLUTION NO. 2021 -085
A RESOLUTION OF THE MAYOR AND CITY OF HALLANDALE BEACH CITY COMMISSION
IN SUPPORT OF THE PEOPLE OF CUBA IN THEIR DEMAND FOR FREEDOM,
CONDEMNING THE TYRANNICAL COMMUNIST REGIME IN CUBA, AND URGING THE
PRESIDENT OF THE UNITED STATES TO SUPPORT THE CUBAN PEOPLE WHO BRAVELY
TOOK TO THE STREETS; AND PROVIDING FOR AN EFFECTIVE DATE.
The City of Hallandale Clerk has requested that a copy of these Resolutions be provided to the
Miami Beach Mayor, Commissioners, and the City Manager.
If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411.
REG/le
Attachment
F:\CLER\$ALL\LILIA\L TC's -Transmitlal's\Hallandale Beach\Hallandale Beach Resolutions 2021-083 _2021-
084 _2021 -085.docx
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RESOLUTION NO. 2021 -083
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF HALLANDALE BEACH, FLORIDA URGING THE STATE
5 LEGISLATURE TO REQUIRE BUILDING SAFETY INSPECTIONS
6 EVERY FIVE YEARS FOR CONDOMINIUMS AND ADEQUATE
7 RESERVES FOR REPAIRS TO PROTECT THE HEAL TH, SAFETY AND
8 WELFARE OF THE COMMUNITY; AND PROVIDING FOR AN
9 EFFECTIVE DATE.
10
11 WHEREAS, only two Florida counties , Miami-Dade and Broward , have
12 recertification requirements for buildings that are 40 years and older; and
13
14 WHEREAS, the terrible collapse of Champlain Tower South , resulting in 98
15 deaths, has made evident the danger to the public's health, safety and welfare when a
16 condominium incurs building failure ; and
17
18 WHEREAS , multiple news reports and accounts from the town of Surfside have
19 indicated that the building became aware of issues 3 years prior to the collapse, when
20 conducting its 40-year building recertification inspections . However, there were
21 insufficient funds to immediately address the extensive repairs and exorbitant
22 assessments were required ; and
23
24 WHEREAS, currently no Florida state law requires association boards to repair
25 structural problems when they are discovered . No Florida state law requires condo
26 associations to establish reserve funds for emergency repairs ; and
27
28 WHEREAS, in 2008, the state of Florida briefly required regular structural integrity
29 inspections of condo buildings over three stories. The statute , however, was repealed two
30 years later when some associations complained about the high costs of the inspections;
31 and
32
33 WHEREAS, the Legislature must revisit its bad decision in 2010 to repeal a law
34 that required condo associations to conduct "reserve studies" every five years to
35 determine how much money must be set aside to pay for looming repairs ; and
36
1 RESO 2021 -083
FILE NO . 21 -326
37 WHEREAS, coastal buildings are especially vulnerable because they face a
38 unique combination of conditions such as sea water intrusion , sea-level rise and
39 hurricanes; and
40
41 WHEREAS , to protect the health and safety of condominium communities , earlier
42 inspections can put buildings on notice of future repairs and a llow a more reasonable time
43 to accumulate the necessary funds and protect live s; and
44
45 WHEREAS, condemnation of buildings for issues that were completely avoidable
46 has a terribly detrimental impact on a community and can result in homeless families .
47 Condemnation should not be the solution Rather, the focus shou ld be on prevention ; and
48
49 WHEREAS, the Mayor and City Commission of the City of Hallandale Beach find
50 it is in the best interest of the residents to urge the Florida State legislature to mandate 5-
51 year building safety inspections of condominiums and require that reserves be maintained
52 to address ant icip ated repairs.
53
54 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
55 COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA:
56
57 SECTION 1. The foregoing "Whereas " clauses are incorporated herein.
58
59 SECTION 2. The Mayor and City Commission hereby urge the Florida State
60 legislature to mandate 5-year building safety inspections of condominiums and require
61 that reserves be maintained to address anticipated repairs .
62
63 SECTION 3. The City Clerk is hereby directed to forward a copy of the instant
64 resolution to all appropriate parties
65
66 SECTION 4. Effective Date. This Resolution sha ll take effect immediately upon
67 its passage and adoption .
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APPROVED AND ADOPTED this 4 th day of August, 2021.
2 RESO 2021 -083
FILE NO . 21 -326
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85 APPROVED AS TO LEGAL SUFFICI ENCY
86 AND ORM
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l~
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FINAL VOTE ON ADOPTION
Mayor Cooper Yes
Vice Mayor Butler Yes
Commissioner Javellana Yes
Commissioner Lazarow Yes
Comm ission er Lima-Taub Yes
95
3 RESO 2021 -083
FILE NO. 21-326
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RESOLUTION NO. 2021 -084
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF HALLANDALE BEACH, FLORIDA URGING THE BROWARD
5 BOARD OF RULES AND APPEALS TO REQUIRE MORE FREQUENT
6 SAFETY INSPECTIONS OF CONDOMINIUMS TO PROVIDE
7 ADEQUATE NOTICE OF IMPENDING REPAIRS; AND PROVIDING FOR
8 AN EFFECTIVE DATE.
9
10 WHEREAS, the 40 year and older Building Safety Inspection Program was created
11 in 2005 . Modeled after Miami-Dade County's program, which was established in the mid -
12 1970s, Broward's program calls for structural and electrical safety inspections for buildings
13 40 years old or older and every ten years thereafter; and
14
15 WHEREAS , historically , both Miami -Dade and Broward have seen instances of
16 building failure ; and
17
18 WHEREAS, the terrible collapse of Champlain Tower South , resulting in 98
19 deaths, has made evident the danger to the public's health, safety and welfare when a
20 condominium incurs building failure ; and
21
22 WHEREAS , multiple news reports and accounts from the town of Surfside have
23 indicated that the building became aware of issues 3 years prior to the collapse , when
24 conducting its 40 -year building recertification inspections . However, there were
25 insufficient funds to immediately address the extensive repairs and exorbitant
26 assessments were required ; and
27
28 WHEREAS, coastal buildings are especially vulnerable because they face a
29 unique combination of conditions such as sea water intrusion , sea -level rise and
30 hurricanes ; and
31
32 WHEREAS, to protect the health and safety of condominium communities , earlier
33 inspections can put buildings on notice of future repairs and allow a more reasonable time
34 to accumulate the necessary funds and protect lives ; and
35
1 RESO 2021 -084
FILE NO . 21 -325
36 WHEREAS, the Mayor and City Commission of the City of Hallandale Beach find
37 it is in the best interest of the residents to urge the Broward Board of Rules and Appeals
38 to require bui lding safety inspection s every five years.
39
40 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
41 COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA:
42
43
44
SECTION 1. The foregoing "Whereas" clauses are incorporated herein.
45 SECTION 2. The Mayor and City Commission hereby urge the Broward Board of
46 Rules and Appeals to require building safety inspections every five years.
47
48 SECTION 3. The City Clerk is hereby directed to forward a copy of the instant
49 resolution to all appropriate parties .
50
51 SECTION 4. Effective Date. This Reso lu tion shall take effect immediately upon
52 its passage and adoption.
53
54 APPROVED AND ADOPTED this 4 th day of August , 2021 .
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56
57
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67
68 JENORGE
69 CITY CLERK
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F ILE NO . 21 -325
2 RESO 2021 -084
74
75
76
77 APPROVED AS TO LEGAL SUFFICIENCY
78 AND F RM
79
I ~ 80
81
82 J
83 C ORNEY
84
85
86
FINAL VOTE ON ADOPTION
Mayor Cooper Yes
Vice Mayor Butler Yes
Commissioner Javellana Yes
Commissioner Lazarow Yes
Commissioner Lima-Taub Yes
87
3 RESO 2021 -084
FILE NO. 21-325
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RESOLUTION NO. 2021 -085
A RESOLUTION OF THE MAYOR AND CITY OF
HALLANDALE BEACH CITY COMMISSION IN SUPPORT
OF THE PEOPLE OF CUBA IN THEIR DEMAND FOR
FREEDOM, CONDEMNING THE TYRANNICAL
COMMUNIST REGIME IN CUBA, AND URGING THE
PRESIDENT OF THE UNITED STATES TO SUPPORT THE
CUBAN PEOPLE WHO BRAVELY TOOK TO THE
STREETS; AND PROVIDING FOR AN EFFECTIVE DATE.
11 WHEREAS, on July 11, 2021, the Cuban people raised their voices against the tyrannical
12 Communist/Socialist Cuban regime expressing their dissent from the negative failed Cuban
13 slogans of the past such as Socialism or Death, or Country or Death (Socialism O Muerte , o
14 Patria O Muerte), chanting instead (Patria y Vida), i.e , Country and Life ; and
15
16 WHEREAS, the Cuban people , tired of suffering and dying under a brutal tyrannical one
17 party rule farcical dictatorship , peacefully protested against this communist regime in favor of
18 freedom through democracy, in favor of a free market economy, and in favor of civil liberties ; and
19
20 WHEREAS, the people of Cuba, who have expressed their desire through their protests for
21 the right to meaningfully express their political will by voting in free and fair elections, and instead
22 their will and their liberty of conscience and expression are being deprived by the Cuban tyrannical
23 one -pa rty rule farcical regime from exercising these inalienable God given rights , to which all
24 humanity is entitled; and
25
26 WHEREAS, the systemic and continued brutal and unyielding repression of the Cuban
27 people by the dictatorial Cuban regime has resulted in a nation where everyday Cubans are not
28 in charge of their own destiny and future and cannot exercise free will ; and
29
30 WHEREAS , the Cuban people are collectivized by a State controlled failed economy and
FILE NO . 21 -314 RESO NO . 2021-085
31 forced to propagate the myth about universal healthcare the Cuban regime touts as one of the
32 exemplary pillars of its legitimacy and its "revolutionary" one-party system which fails to efficiently
33 and effectively provide the most basic of care ; and
34 WHEREAS , regrettably the Cuban Police State has succeeded in controlling its population
35 through force and intimidation and empty slogans, rather than allow the robust freedom of
36 expression , civil and economic liberties , free and fair election, where are the bulwark of
37 humanity and which are an anathema to the Cuban Police State; and
38
39 WHEREAS , the Mayor and City Commission of the City of Hallandale Beach strong!y
40 condemn the Cuban regime; and
41
42 WHEREAS, the Mayor and City Commission of the City of Hallandale Beach strongly urge
43 President Biden to support the Cuban people by 1) lighting up the internet in Cuba, which the
44 Cuban regime shut down; 2) coordinating an international effort by calling a meeting of the United
45 Nations Security Council to condemn the Cuban regime and taking other action as is needed; 3)
46 engaging the European Union and the Organization of American States (OAS) to condemn the
4 7 oppression of the Cuban people by the Cuban regime and taking other action as is needed : and
48 4) encouraging universal condemnation and the sanctioning of the Cuban regime and its agents
49 who continue to violate the human rights of the protesters; and
50
51 WHEREAS , Cuba's government as do all dictatorships and tyrannical regimes, has
52 blamed the demonstrations on U.S financed "counter-revolutionaries" exploiting hardships
53 caused by decades-old U S sanctions tightened during the pandemic , and is calling on countries
54 and non government organizations to lift sanctions , as if this will result in anything other than lining
55 the regime's pockets , further abuse and neglect of the Cuban people and anything but a free
56 Cuba ; and
57
58 WHEREAS , the Mayor and the City Commission of Hallandale Beach applaud and
59 strongly urge President Biden and Secretary of State Blinken to continue to publicly condemn the
60 violence perpetrated upon the Cuban people by the Cuban one-party rule regime , the arbitrary
61 arrests , the continued persecution threats . and intimidation against the people of Cuba that has
62 and continues to quash their civil and economic liberty . and their free expression ; and
63
FILE NO . 21 -314 RESO NO . 2021 -085
64 WHEREAS , the Mayor and the City Commission of Hallandale Beach urge every elected
65 official in every public office in the United States, the greatest democracy of the world, to speak
66 up and send a message to the Cuban people that the United States of America supports them
67 in their fight for civil liberties , a robust and free market economy , and a democracy with free and
68 fair elections; in short "Viva Cuba Libre!"
69
70 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL
71 OF THE CITY OF HIALEAH FLORIDA, THAT:
72
73 Section 1: The foregoing facts and recitations contained in the preamble to this
74 Resolution are hereby adopted and incorporated by reference as if fully set forth herein .
75
76 Section 2 The City of Hallandale Beach Commission strongly urges the President of the
77 United States of America to support the people of Cuba by condemning the Cuban
78 socialist/communist, tyrannical one-party rule regime , by taking the actions and expressing
79 support for the Cuban people, as provided in the preamble to this Resolution .
80
81 Section 3 The City Clerk is directed to send a certified copy of this Resolution to President
82 Biden , the Secretary of State Antony Blinken, the Speaker of the House of Representatives and
83 the Majority and Minority leaders in Congress, Speaker of the Florida House of Representatives
84 and the Majority and Minority leaders in the Florida House of Representatives , and such other
85 persons as may be appropriate .
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87
88 APPROVED AND ADOPTED this 4th day of Aut,is 2021 .
FILE NO 21 -314
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RESO NO . 2021-085
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APPROVED AS TO LEGAL SUFFICI ENCY
AND FORM
FINAL VOTE ON ADOPTION
Mayor Cooper
Vice Mayor Butler
Commissioner Javellana
Commissioner Lazarow
Commissioner Lima-Taub
FILE NO . 21 -314
Yes
Yes
Yes
Yes
Yes
RESO NO . 2021 -085