City Commission Meeting

City of Lauderhill City Hall 5581 W. Oakland Park Blvd. Lauderhill, FL, 33313 www.lauderhill-fl.gov Meeting Minutes - Final Monday, February 25, 2019 7:00 PM City Commission Chambers City Commission Meeting LAUDERHILL CITY COMMISSION Mayor Ken Thurston Vice Mayor M. Margaret Bates Commissioner Howard Berger Commissioner Richard Campbell Commissioner Denise D. Grant Charles Faranda, City Manager Andrea M. Anderson, City Clerk Earl Hall, City Attorney City Commission Meeting Meeting Minutes - Final February 25, 2019 I CALL TO ORDER II COMMUNICATIONS FROM THE PUBLIC (AND RESPONSES TO THE PUBLIC, IF THE TIME PERMITS DURING THIS PORTION OF THE MEETING OF THE CITY COMMISSION) III ADJOURNMENT (NO LATER THAN 7:30 PM) I CALL TO ORDER OF REGULAR MEETING Mayor Thurston called to order the Regular City Commission Meeting at 7:30 PM. II ROLL CALL Present: 5- Commissioner Howard Berger,Commissioner Richard Campbell,Commissioner Denise D. Grant,Vice Mayor Margaret Bates, and Mayor Ken Thurston ALSO PRESENT: Charles Faranda, City Manager Earl Hall, City Attorney Constance Stanley, Police Chief Marc Celetti, Fire Chief Andrea M. Anderson, City Clerk III PLEDGE OF ALLEGIANCE TO THE FLAG FOLLOWED BY GOOD AND WELFARE A. A MOMENT OF SILENCE FOR JOE MAJOR, PRESIDENT OF THE ST. GEORGE/BROWARD ESTATES HOA (REQUESTED BY MAYOR KEN THURSTON). HOUSEKEEPING A motion was made by Vice Mayor Bates, seconded by Commissioner Grant, to ACCEPT the Final-Revised Version of the City Commission Meeting Agenda for February 25, 2019. The motion carried by the following vote: Yes: 5- Commissioner Berger, Commissioner Campbell, Commissioner Grant, Vice Mayor Bates, and Mayor Thurston Abstain: 0 IV CONSIDERATION OF CONSENT AGENDA A motion was made by Vice Mayor Bates, seconded by Commissioner Campbell, that this Consent Agenda was approved. The motion carried by the following vote: Yes: 5- Commissioner Berger, Commissioner Campbell, Commissioner Grant, Vice Mayor Bates, and Mayor Thurston Abstain: 0 City of Lauderhill Page 1 City Commission Meeting Meeting Minutes - Final February 25, 2019 V APPROVAL OF MINUTES A. Minutes of the City Commission for February 11, 2019. Attachments: February 11, 2019 - City Commission Meeting Minutes These Minutes were approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) VI PROCLAMATIONS / COMMENDATIONS VII SPECIAL PRESENTATIONS VIII GENERAL PRESENTATIONS (5 MINUTES MAXIMUM) A. A PRESENTATION RECOGNIZING STUDENTS OF LAUDERHILL 6-12 FOR ACADEMIC ACHIEVEMENT (REQUESTED BY COMMISSIONER RICHARD CAMPBELL). IX ORDINANCES & PUBLIC HEARINGS - FIRST READING (NOT ON CONSENT AGENDA) (AS ADVERTISED IN THE SUN-SENTINEL) 1. ORDINANCE NO. 19O-02-100: AN ORDINANCE OF THE CITY OF LAUDERHILL, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE II, OFFICERS AND EMPLOYEES, DIVISION 3, RETIREMENT, PART 4, SENIOR MANAGEMENT PENSION PLAN AND TRUST FUND, SECTION 2-88.6 SERVICE RETIREMENT BENEFITS; COST OF LIVING ADJUSTMENTS; TO AMEND SUBSECTIONS (A) AND (B) TO CREATE A FOURTH RETIREMENT TIER FOR NEW MEMBERS AND TO REDUCE THE FUTURE BENEFIT MULTIPLIER FOR TIERS ONE AND TWO; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: ORD-19O-02-100-Code 2-88.6-Senior Management Pension Multiplier AR 19O-02-100 This Ordinance was approved on the Consent Agenda on first reading to the City Commission Meeting, due back on March 25, 2019. (See Consideration of Consent Agenda for vote tally.) X ORDINANCES & PUBLIC HEARINGS - SECOND READING (NOT ON CONSENT AGENDA) (AS ADVERTISED IN THE SUN-SENTINEL) XI RESOLUTIONS (IF NOT ON CONSENT AGENDA) 2. RESOLUTION NO. 19R-02-29: A RESOLUTION OF THE CITY OF LAUDERHILL EXPRESSING CONCEPTUAL SUPPORT OF THE City of Lauderhill Page 2 City Commission Meeting Meeting Minutes - Final February 25, 2019 REQUEST FROM LE PARC AT LAUDERHILL, LLC TO GRANT INCENTIVES TO ASSIST WITH THE DEVELOPMENT OF 182 GARDEN APARTMENTS, 215 MID-RISE APARTMENTS, AND A 3,500 SQUARE FEET DAY CARE FACILITY ON A ± 9.93 ACRE SITE IN THE RESIDENTIAL MULTI-FAMILY (RM-40) ZONING DISTRICT WITHIN THE CITY OF LAUDERHILL; PROVIDING THAT LE PARC AT LAUDERHILL, LLC HAS INDICATED A DESIRE TO DEVELOP CERTAIN PROPERTY AS STATED; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-19R-02-29-LeParc incentives resolution.pdf AR 19R-02-29 Commissioner Berger asked about the process by which a developer asked the City for certain incentives, such as fee waivers. Assistant City Manager/Finance Director Kennie Hobbs indicated the applicant’s previous request was tied to the Community Redevelopment Agency (CRA), as staff only entertained requests for incentives that were part of the City’s CRA, such as Green Roads, that came in earlier, and other development the City was currently receiving. Development outside the CRA received no incentives. He said the request for incentives usually came from the developer; they met with staff, made a formal request for incentives, and those incentives were reviewed, including a comparison with what was done customarily in other CRAs. Staff then analyzed the City’s revenues and how they would be impacted, then made a determination of what, if any, incentives could be granted. Commissioner Berger questioned if the Lauderhill Marketplace or the Cricket Club made a request for incentives. Mr. Hobbs answered no. Commissioner Berger noticed there were three waivers being requested by the subject applicant and questioned what the monetary cost to the City would be if the Commission approved the proposed resolution, stressing that he strongly supported business and development. He questioned if building permit fees and impact fees were onetime fees. Mr. Hobbs affirmed they were onetime fees made when applying for a building permit. Commissioner Berger knew the property tax was recurring and asked if the applicant sought a waiver for the property tax in perpetuity. Mr. Hobbs explained the applicant was asking the City for a ten-year abatement. Again, the ten-year abatement, as the worksheet in the backup indicated, amounted to about $5 million. One of the matters staff wished to discuss with the Commission was if the property was developed and used as intended, even during the period of time of the $5 million abatement, the City would generate close to $29 million in other taxes and fees. He said those were related to fire, storm water, water and sewer fees. Commissioner Berger wished to confirm the monetary cost to the City. Mr. Hobbs responded it would impact the City in the amount of $7 million spread over a ten-year period. City of Lauderhill Page 3 City Commission Meeting Meeting Minutes - Final February 25, 2019 Commissioner Berger wanted to know how the cost would impact the City’s budget; that is, would the impact be negligible or significant. Mr. Hobbs thought, looking at the situation in its totality, staff estimated the potential revenue over the ten-period amounted to about $36 million, and the applicant sought a $7 million abatement, so the City would generate an additional $29 million over what the City currently collected. He would not say the impact would be negligible, as the $7 million impact would take placed over a five-year period. Commissioner Berger expressed concern that if the City passed the subject resolution, it would create a precedent for other developers to do the same thing. City Attorney Hall answered no, stating if the Commission looked at the same document, it was called a conceptual understanding between the developer and the City, as the City decided if, when and where it offered incentives. For example, the Cricket Club project might not have qualified for incentives, but the proposed project was one the City wished to facilitate in its quest to get the subject area developed, so the City was willing to negotiate with the developer. Mr. Hobbs added that the subject waivers were consistent with what was being done with other CRAs, based on staff’s research; for example, Coral Springs CRA, similar to Lauderhill’s, had a letter of intent (LOI) approved by their Commission for a similar type of development waiving property taxes. The City of Hollywood granted incentives of $4 million for a 400 to 500-unit project, and the City of Hallandale did a similar agreement for about $2.7 million in cash for an 89-unit project. He said the decision on whether to grant incentives was made on a case by case basis. Mr. Hobbs said, based on the City Manager’s direction, staff did a thorough analysis of how granting the requested waivers would impact the City, keeping in mind that the City sought to promote redevelopment along the NW 38th Avenue corridor, as well as the Lauderhill Marketplace. Commissioner Campbell questioned if a similar company with a similar project made a similar request, would staff recommend the Commission’s approval. Mr. Hobbs reiterated there was a similar deal approved by the City Commission a year or two ago for Green Roads, which was located in a similar area just further down on NW 19th Street; they asked for similar incentives, and the proposed resolution was modeled exactly off the previously approved incentives by the Commission. Commission Campbell wished to know if there was a delay in the approval, would the City lose, over a period of time, anywhere close to the incentive. Mr. Hobbs replied if the City Commission did not approve the subject resolution, and the developer chose not to go forward with the proposed development, then the City would lose the potential for $36 million over that ten-year period, as it was based on an approved property. The anticipated revenue was based on the structure being built, and the uses that became tenants, the fees for City from utilities and other City services. Commissioner Campbell restated the subject project was in the middle of the area the City intended to develop as Lauderhill’s entertainment district and, as he asked at the previous Commission meeting, if the applicant realized this. Ms. Vivian Diamond recalled Commissioner Campbell’s previous question on whether the applicant knew their building would be located in the middle of the City’s entertainment City of Lauderhill Page 4 City Commission Meeting Meeting Minutes - Final February 25, 2019 district, repeating her reply: if a potential client desired a quiet living, they could move by the Everglades. She was well aware that the location of her project was in the center of the entertainment district, reminding the Commission that they were giving the City about a half an acre of their land free of cost. As much as she wished her project to come to fruition, she had no wish to be in Lauderhill if the Commission was not as enthusiastic as she was. She was involved in developments from Jacksonville to Miami, and she had other options to purchase land in other places, but she liked Lauderhill. She would make the City proud, as she was here to stay. Commissioner Campbell remarked, hearing from the applicant, he was now excited. A motion was made by Vice Mayor Bates, seconded by Commissioner Grant, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner Berger, Commissioner Campbell, Commissioner Grant, Vice Mayor Bates, and Mayor Thurston Abstain: 0 3. RESOLUTION NO. 19R-02-31: A RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF LAUDERHILL AND THE METRO BROWARD PROFESSIONAL FIRE FIGHTERS, LOCAL 3080, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS REGARDING A MODIFICATION TO APPENDIX B OF THE COLLECTIVE BARGAINING AGREEMENT TO PROVIDE FOR AN EIGHT (8) STEP PAY PLAN; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-19R-02-31-Agrmt-MOA-Metro Fire Local 3080 App B pay plan.pdf AR 19R-02-31 MOU-Firefighters.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 4. RESOLUTION NO. 19R-02-36: A RESOLUTION APPROVING THE SETTLEMENT AGREEMENT BETWEEN JORGE ANGELES AND THE CITY OF LAUDERHILL IN THE AMOUNT OF $70,000.00 AS FULL AND FINAL SETTLEMENT OF ALL CLAIMS AND LIENS, INCLUDING ATTORNEY'S FEES AND COSTS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-19R-02-36-SETT-AGT-Jorge Angeles.pdf AR 19R-02-36 This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 5. RESOLUTION NO. 19R-02-38: A RESOLUTION APPROVING THE APPOINTMENT OF SHA-MEKEYIA DAVIS BY THE MAYOR ON BEHALF OF THE CITY COMMISSION AS REQUIRED BY FLORIDA STATUTES, City of Lauderhill Page 5 City Commission Meeting Meeting Minutes - Final February 25, 2019 CHAPTER 421 TO SERVE AS A MEMBER OF THE CITY OF LAUDERHILL HOUSING AUTHORITY BOARD FOR THE REMAINDER OF THE FOUR (4) YEAR TERM OF SARAI S. MARTIN EXPIRING NOVEMBER 2019; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY MAYOR KEN THURSTON). Attachments: RES-19R-02-38-BRD-Laud Housing Authority Mayor appt commission approval-Davis.pdf AR 19R-02-38 Housing Authority Commission List Sarai Martin Letter of Resignation - Housing Authority Commission Lauderhill Housing Authority Resume - Sha-Mekeyia Davis This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 6. RESOLUTION NO. 19R-02-39: A RESOLUTION APPROVING THE LETTER OF INTENT BETWEEN LAUDERHILL MARKETPLACE LLC AND THE CITY OF LAUDERHILL FOR THE CITY TO PURCHASE 1.7 ACRES OF LAND LOCATED AT N.W. 11TH PLACE AND NORTH STATE ROAD 7, LAUDERHILL, FLORIDA; PROVIDING TERMS AND CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-19R-02-39-Letter of Intent- Lauderhill Marketplace.pdf AR 19R-02-39 LOI Lauderhill Marketplace 2-19-19 Charles Blackburn, 8060 NW 44th Court, Lauderhill, sought clarification the City was willing to pay $978 million for the subject property. Mr. Hobbs clarified the figure was $928,000.00. Mr. Blackburn claimed the Broward Property Appraiser said the property was worth $144,000.00, questioning why the City thought the land was more valuable. City Attorney Hall stated he was unsure what property Mr. Blackburn was speaking of, as the subject property was part of a 14-acre tract, so there was no listing he was aware of with the Property Appraiser. Mr. Blackburn thought it was the 1.5-acre property highlighted in green. City Attorney Hall answered no, it was 1.7 acres, and a survey was being drawn up for the site, though he understood everyone was working from the map in the backup. City Manager Faranda remarked before the City could purchase property, it had to have appraisals done for the fair market value, and code required the City to never pay over ten percent of what that figure might be. City staff was in the process of getting appraisals, and two were already done within the last year, and the abovementioned figure was the average of those two appraisals. He said a third appraisal was being done to ensure that the numbers were still correct, and the figure the City would actually pay for the property City of Lauderhill Page 6 City Commission Meeting Meeting Minutes - Final February 25, 2019 would then match those appraisals. The amount shown on the Property Appraiser’s records was not the fair market value that would be yielded from an appraisal. He stressed that the City would not pay more than fair market value, plus ten percent, as required by the City code. Commissioner Grant wished to know for what use was the City purchasing the property. City Manager Faranda explained the City had no restrictions on the property’s use other than what it was zoned for, which was for uses under the entertainment district. The goal was to secure the land, as it was the entrance into the Lauderhill Performing Arts Center (LPAC), and the City sought land on which to erect proper signage for the LPAC, along with appropriate use(s) for the redevelopment along the corridor. A motion was made by Vice Mayor Bates, seconded by Commissioner Berger, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner Berger, Commissioner Campbell, Commissioner Grant, Vice Mayor Bates, and Mayor Thurston Abstain: 0 7. RESOLUTION NO. 19R-02-37: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL DESIGNATING STRYKER AS A SOLE SOURCE MANUFACTURER OF THE STRYKER EMS POWER-LOAD COT FASTENER (MODEL 6390) BATTERY-OPERATED STRETCHERS FOR USE BY THE FIRE DEPARTMENT; APPROVING THE PURCHASE OF SIX (6) NEW STRYKER POWER PRO COT BATTERY-OPERATED STRETCHERS IN A TOTAL AMOUNT NOT TO EXCEED $97,495.25 TO BE PAID OVER A FIVE (5) YEAR TERM FROM BUDGET CODE NUMBER 305-321-6614; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-19R-02-37-Sole Source - EMS stretchers.pdf AR 19R-02-37 sole source stryker.pdf Stryker letter (004).pdf 12-15-2018 Signature for Quote.pdf 1-2019 Flex Lauderhill Fire ANNUAL 10052351 v13 (ems) .pdf UL Certification 6390.pdf Power-LOAD IEC Certificate.pdf1.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) XII QUASI-JUDICIAL MATTERS (IF NOT ON CONSENT AGENDA) REMOVE RESOLUTION NO. 18R-11-273 FROM THE TABLE. ITEM WAS TABLED NOVEMBER 26, 2018. City of Lauderhill Page 7 City Commission Meeting Meeting Minutes - Final February 25, 2019 8. RESOLUTION NO. 18R-11-273: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING THE SPECIAL EXCEPTION USE DEVELOPMENT ORDER TO ACADEMIC SOLUTIONS ACADEMY, INC., AT THE REQUEST OF THE APPLICANT BUILDING HOPE PARKSIDE FOUNDATION, SUBJECT TO CONDITIONS, TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AN EDUCATION, PRIMARY AND SECONDARY, CHARTER AND PRIVATE SCHOOL USE, FOR A SECONDARY CHARTER SCHOOL AT THE SITE OF 5 ABUTTING UNDEVELOPED LOTS, WITH A COMBINED 3.3 ACRES, LOCATED ON THE APPROXIMATE 6600 BLOCK OF W. COMMERCIAL BLVD, LAUDERHILL, FLORIDA AND IDENTIFIED BY THE FOLLOWING FOLIO NUMBERS; 494115140240, 494115140250, 494115140260 , 494115140270, AND 494115140280; PROVIDING FOR AN EFFECTIVE DATE. Attachments: AMENDED-RES-18R-11-273-Special X - Academic Solutions-School FINAL AMENDED.pdf AR 18R-11-273 DRR (18-SE-0016) Academic Solutions Adademy Inc-UPDATED for 2nd City Commission Hearing.pdf Attachment A- ASA Charter SEU Application.pdf Attachment B - Organizational Chart.pdf Attachment C ASA 5 year projection.pdf Attachment D ASA Traffic Study.pdf Attachment E ASA letter of authorization.pdf Attachment F Transit Riders Management Plan.pdf Attachment G Transit Riders Management Plan-Response to Issues.pdf Attachment H Minutes of the City Commission meeting of November 26, 2018.pdf Attachment I Police Department Data.pdf Attachment J Bus Stop Exhibit.pdf Attachment K Police Department review of Transit Rider Management Plan.pdf Attachment L SEU conditions Affidavit.pdf Mr. Tawes reviewed the proposed resolution, as detailed in the backup, noting the subject resolution was continued from the November 2018 Commission meeting, where a number of concerns were expressed. City staff reviewed the minutes from the hearing and addressed the issues in the TRR report. He said staff’s comments addressing the Commission’s concerns were noted in red, which he went on to review. Pedestrian safety was one such issue, particularly with the plan for students’ arrival and dismissal from school, and the school’s pedestrian transit plan from school to the various bus stops. He reminded the Commission that 97 percent of the students would take public transportation, and two bus stops would be utilized by the school for east/west traffic along Commercial Boulevard. The furthest location of one of those bus stops was about 1,400 feet, and the applicant provided a very comprehensive transit management plan City of Lauderhill Page 8 City Commission Meeting Meeting Minutes - Final February 25, 2019 included in the backup as an attachment. He said the school would have staff monitor the students both along the transit routes to the bus stops, and in front of the school to address potential jaywalking. He indicated the City’s police department reviewed the school’s traffic management plan, and visited the existing site to witness what transpired and made recommendations based on their observations; when the proposed school was operational, the police would again visit the site to observe and make further recommendations where necessary. Mr. Tawes remarked the next issue was the financial effect of a non-profit organization on the City’s tax base, and this was an unresolved issue still under discussion. Another issue was related to traffic, as the proposed school would be located on a major corridor, and this issue was currently being reviewed by the Florida Department of Transportation (FDOT); this was more of a site plan issue than a special exception use issue. He mentioned FDOT informed the City they required a deceleration lane into the school going eastbound, and those details would be worked out further in the site plan stage, adding that the applicant submitted a site plan that was now in its second review by City staff. The next issue was related to police service calls, as a concern was expressed regarding like schools in the City, such as along University Drive, where a similar type school was located, and dismissal was uncontrolled, leading to many incidents of jaywalking and ensuing police calls. He said City staff and police were asked to look into the matter, and compare data from the applicant’s existing school site on Commercial Boulevard to the results the City’s police department had for the school located on University Drive, and they found no substantial evidence of issues at the Commercial Boulevard location. Mr. Tawes stated these were the issues from the November minutes, and the findings in the research of those issues led staff to believe the concerns voiced were satisfied and they recommended approval of the subject ordinance based on those findings. Mr. Hobbs commented that he reviewed the report drafted by the City’s Planning & Zoning (P&Z) Department, and the concerns the City’s administration had had to do with the two similarly situated schools in Lauderhill, one on University Drive, and the other on NW 16th Street. Though the data on calls to the schools indicated no issue existing, the information received and the complaints from area businesses and surrounding residents showed issues with the schools at both locations. He noted numerous calls came from the Lauderhill Mall and businesses along NW 16th Street, and NW 12th Street, and the residents located behind the school, to the extent that when school was dismissed, students would hang around and create issues. At the University Drive location, similar complaints were received. He said the calls did not come from the school, but from surrounding businesses and residents within Lauderhill, so the City’s administration wished this to be known, as it related to the approval or denial of the subject use along west Commercial Boulevard. Mr. Hobbs commented on the issue related to the loss of revenue to the City’s tax base and the impact on services, noting the City Attorney and staff were in contact with the applicant’s attorney trying to address those matters, but they could be addressed later after the issue of the special exception was first addressed. City Manager Faranda noted one of the issues he had administratively was the economic benefit and/or liability, taking commercial property off the tax rolls for an exempt use, which he saw as a liability that must be considered. He disagreed that this issue could be addressed after the special exception matter was decided, as it was one of the standards of the special exception; that is, the economic benefits and liabilities had to be addressed first. Though he could not vote on the matter, he preferred to have an answer before recommending the Commission approve the subject application. Vice Mayor Bates echoed Mr. Faranda’s concerns, as the City was in an economic upward swing, yet the City was considering pulling commercial property off the market, a City of Lauderhill Page 9 City Commission Meeting Meeting Minutes - Final February 25, 2019 property that would generate more revenue for the City. The subject application was in the name of a non-profit foundation, and the school was in the foundation’s name, so the foundation did not have to pay taxes, and this bothered her. She had several levels of concern for which she required answers from the applicants, such as, with the present state of schools in Broward County, safety was a major concern, including how to deal with disciplinary problems, etc. Debbie Orshefsky, the applicant’s legal representative, clarified this was a joint application between the Building Hope Foundation and Academic Solutions Academy (ASA). She claimed to be taken aback and had trouble reconciling Mr. Hobbs’ remarks with what Mr. Tawes stated and wrote in his report, as well as with the concerns expressed by Vice Mayor Bates. The applicant came before the City Commission in November 2018, and the Commission and staff asked the applicant to address a series of issues as described by Mr. Tawes. She indicated the applicant’s team worked very closely with City staff, providing an enormous amount of information, including police reports and data, both for the previous school they operated in Sunrise, as well as letters from landlords about the facility of over 300 students at the existing school at 2000 West Commercial Boulevard in Fort Lauderdale. In each of those instances, the police reports supported what school principal, Andrew Kinlock, told the Commission in November, which was that he maintained a very controlled and tight ship, and this resulted in a school that did not have experiences similar to those the City previously had with similar schools and students being a problem to surrounding neighborhoods. At all hours during the operation of the facility, students knew that someone was watching their behavior, and the students understood the rules of the school. She mentioned their supplemental information included an overview of a 19-slide PowerPoint that gave the orientation students at ASA received, where there was a zero-tolerance environment on all accounts, which was why their students behaved. The existing school was reported by the Lauderhill Police, Fort Lauderdale Police and the Sunrise Police as having none of the issues detailed by Mr. Hobbs. In terms of the economic impact, Ms. Orshefsky stated the applicant was asked about two weeks ago if ASA and Building Hope Foundation, as non-profits, would be willing to make a payment in lieu of taxes (PILOT), so they would, essentially, pay the City’s tax rate for the subject property, even though they were exempt under Florida law. The applicant not only agreed to pay the requested amount, but two weeks prior to the present meeting, they submitted a proposed draft of a PILOT agreement, and it was based upon a draft that the City Attorney provided to her, and its starting point was that as soon as the applicant, in a taxable year, took title, until they had a completed project, which would then be reassessed by the Property Appraiser’s Office, the applicant would be paying the same taxes as the City received currently for a similar commercial piece of property, which was about $10,000.00 a year. This payment would be maintained until the school was on the tax roll, which would be about a year after the applicant received the certificate of occupancy (CO), and the City would then be paid at its current millage rate based upon the assessed value, with the applicant offering to pay up to $25,000.00. Ms. Orshefsky remarked they put in that amount, as it allowed for some level of development, and in asking the Appraiser’s office how they valued schools, she was told they did so similarly to the way the City’s Finance Department suggested; that is, using the construction cost value. Their construction cost value was about $5 million, and that would convert to about $20,000.00 in taxes a year, and the applicant then set a maximum of $25,000.00. She said these figures, etc. were put forth to the City, and the applicant had yet to receive any feedback from City staff. She reiterated the applicant was more than willing to enter into a pilot agreement, and if the City wished to make it a condition of approval that the applicant come back to the City Commission with a draft agreement, they were happy to do so. The situation was now confusing, as the applicant wished to locate their school in Lauderhill and incurred a million dollars in site costs just to deal with landscape, so it was a pretty costly site to City of Lauderhill Page 10 City Commission Meeting Meeting Minutes - Final February 25, 2019 develop, and this might be the reason why this particular site had not been developed as the others surrounding it. She said with the financial resources of both the Building Hope Foundation and Mr. Kinlock’s, they were able to come forward with a school that would provide an educational resource for the City’s students, one that already experienced success, as ASA was not a fly-by-night operation, rather they operated a similar institution for six years in a nearby city without incident. Ms. Orshefsky urged the City Commission to approve the subject application, with the condition of approval that the applicant would enter into a PILOT agreement before being granted a building permit, which they needed to proceed, adding that the site was under contract that would expire shortly unless they were granted an extension. She reminded the Commission the applicant was ready to accept all City staff’s conditions of approval, restating the applicant asked only for one technical change to condition one; that is, Building Hope Parkside Foundation changed its name to Building Hope Real Estate, and it would likely take title as a separate entity but would remain a not-for-profit. ASA would become the owner of the property within three to five years if successful, a typical arrangement for a charter school such as this. In this way, the City would know that the entities owning and operating ASA were the ones being described to the City at present. She entered the documents detailing the above technical change into the record via submission to the City Clerk. City Manager Faranda expressed confusion as to what Ms. Orshefsky presented, as ASA was said to be the school with the excellent track record, but she was now requesting that the application be in the name of some real estate entity, asking if the latter had the same exemplary record as ASA. Ms. Orshefsky answered yes, stating Building Hope Real Estate would be the developer of the site for ASA, handing the completed site over to the operator, Mr. Kinlock/ASA. City Manager Faranda explained herein laid his concern, as if a special exception was given to a developer who continued to own it, but ASA moved, the City would be exposed to risk. Thus, if ASA was no longer the school operating on the site, but the entity to which the special exception was granted continued ownership, could the latter then open another school that did not have the same exemplary track record as ASA. City Attorney Hall stated this was where the Commission could include a condition, whereby, the use could not be transferred, and the only use of the site as a school was restricted specifically to ASA only. Ms. Orshefsky remarked this was exactly the technical language change the applicant was requesting in staff condition one, the applicant only wished to get the proper names of the entities in the language of condition one. She added that she cleared this with Mr. Hall the previous week. Commissioner Campbell recalled at the November 2018 meeting, some of the clarification the Commission requested was regarding the bus stops, and the reports from the Sunrise Police Department. He was surprised to hear at that time the extent of the possibility of the City losing some much needed funds. He asked if the City received sufficient information to satisfy the areas of concerns expressed by the Commission and staff. Mr. Hobbs affirmed the City did as it related to the operations of ASA at the Sunrise and Fort Lauderdale locations. Commissioner Campbell asked if the results were negative or positive. City of Lauderhill Page 11 City Commission Meeting Meeting Minutes - Final February 25, 2019 Mr. Hobbs responded, overall, the information was verified as presented by the applicant. Commissioner Campbell stated he had difficulty contemplating voting for the subject application because of the economic impact to the City, asking if the manner in which the applicant suggested the economic impact could be accomplished legally. Mr. Hobbs answered yes, a PILOT was legal. City Attorney Hall explained the term PILOT meant a payment in lieu of taxes that was legal and used often; in fact, the City had an ongoing PILOT at present, where a non-profit firm was paying the City taxes. He supplied a draft document to Ms. Orshefsky as a guide in drafting a similar document for the applicant. If the subject application was approved with the condition of establishing a PILOT between the City and the applicant, then the document for the PILOT would be finalized and brought back to the Commission for consideration. Commissioner Campbell wished to confirm an avenue of satisfying the loss of revenue to the City if the subject application were approved and a use had been found. City Attorney Hall replied not to a conclusive degree, as there were two components that had to be completed. There was a legal document that had to be drafted, and within that document were the numbers, in which he did not get involved; it was for the City Manager and his staff to work out with the applicant. His job was in the drafting of the contract for the PILOT. Commissioner Campbell noted to the west of the subject site was an assisted living facility (ALF), to the east of the site was the Children’s Services Council, and filling the parcel on which the ASA would be located was unlikely, such a with a gas station without objections from the ALF. Mr. Hobbs stated the gas station was a current commercial use, so it was possible. Commissioner Campbell mentioned just experiencing in the City of Lauderhill a situation where Lauderhill 6-12 was able to demonstrate that if the City paid attention and took care of its children, they could go a far way. Prior discussions in regard to this issue, it was not said clearly, but he got the impression that the students that attended schools such as ASA, should be located in remote areas, because of such issues as traffic problems. He thought it was time to understand that the City’s investment in its children was good for the City’s future. Therefore, barring any objective, rather than subjective reasons, he failed to see how the same priority could not be given by the City as that given to the development of an entertainment district. He had a problem with views that departed from not wishing to give the same priority to the City’s students and education. If none of the negative impacts of having the applicant’s school in the City that were speculated on at the November 2018 meeting materialized, then the City’s administration should not focus on the possibilities of such occurrences based on what the City experienced with other like facilities in the City previously. Commissioner Campbell stated he was having difficulty accepting the loss of tax revenue if a non-profit use were approved, but as the applicant sought to put something on the table that would mitigate the tax revenue loss, it was no longer a major issue, and he was unsure as to what other issues were making staff reluctant to recommend approval of the subject application. Commissioner Grant felt torn, as she too supported the empowerment of the City’s students and giving them second chances to succeed via schools such as ASA. She City of Lauderhill Page 12 City Commission Meeting Meeting Minutes - Final February 25, 2019 sought further information as to the police findings of other issues that were not discussed, as the subject area was one that was particularly quiet, despite it being a commercial area, and the proposed school would bring hundreds of students into that area on a daily basis. The ASA was not a traditional high school, as its students were children who had some mishaps along the way, and Principal Kinlock took charge of bringing them back on the right track. As the students would be going through the process of getting on the right track, the City had to take all these variables into consideration, and ensure that the student population would be sufficiently managed and not create a problem for the City. Commissioner Grant stressed the need to be realistic and not just idealistic about such a decision, as students, regardless of the institution they attended, were prone to creating troublesome situations, and the City’s administration needed to be sure, as it was the whole City that needed to be taken into consideration. Oftentimes when businesses located in Lauderhill, their owners did not live in the City, but Lauderhill residents had to deal with issues resulting from such a business, and it was the City Commission’s and staff’s job to make sure the demands on City services, such as on police, were prepared for a use coming into the City. She said the Commission needed to look at all angles in its decision on whether to approve the subject application, and not just focus on the fact of trying to empower students. Her main concern was whether the City could manage the proposed school. City Manager Faranda addressed the police issue and the concerns that were not discussed based on the conversations he had with the City’s Police Chief and staff, as he knew he had to consider the safety, health and welfare of the City’s citizens and the students who would be attending ASA. History told City staff that the abovementioned two like schools in Lauderhill offered similar services, programs and promises as to what would take place and how certain issues would be handled and/or mitigated. He said, unfortunately, over time, staff found the promises given were not necessarily the reality, as there were issues with the safety and welfare of residents; for example, jaywalking, despite providing the City with traffic studies and the measures put in place, but young people sometimes did what they wished. The experiences the City had with long walks students had to take from Piper High School to west Lauderhill, as they chose not to take the bus, so they walked east on NW 44th Street and crossed the major intersection at University Drive, and this was a situation not dissimilar to Commercial Boulevard. The routinely created incidents of student interactions with businesses, which the latter found undesirable, and police interventions resulted in areas that were outside of the area that the school monitored. Mr. Faranda pointed out, though those concerns existed, they were not on paper, but they were situations the City’s police department dealt with to ensure children’s safety. The City’s administration understood the documents and reports showed no incidents at the applicant’s previous or existing schools, but there should be something in the agreement if the application was approved, should there be issues generated by the presence of ASA, that the special exception require the applicant to return before the Commission and staff for review. He indicated the City’s police department was concerned about major issues that might recur if the ASA was allowed to open at the requested location. Ms. Orshefsky commented one of the unique things the City had with ASA was the measures they discussed were not just on paper, rather they were reality, as they were currently operating using the proposed plans and measures. Mr. Kinlock was currently managing a 400-student facility at 2000 West Commercial Boulevard at the City College site, and the setup was very similar to what it would be at the proposed site with regard to bus stops, and 90 percent of the students utilizing public transportation, and the school had been in operation for a number of years. She said the applicant provided a video to City staff of what a typical dismissal time looked like, showing students coming and going, and where teachers were posted to monitor the flow, and the bus stops students City of Lauderhill Page 13 City Commission Meeting Meeting Minutes - Final February 25, 2019 would use. There would be an interior security guard who checked students as they came into the school, and an exterior guard posted at the entrance of the school. She said the school would constantly maintain eyes on the street, and with supervision, they would have the type of dismissal they experienced at the City College location. She referred to Attachment “I” in the reports confirmed by the City’s police department, specifically what was said by Deputy Police Chief Siegel to Mr. Hobbs dated December 21, 2018, in which Chief Siegel concluded, after going through the information gathered, there was no significant activity based on the presence of the school. She added that at the current location, which was an office building, there were other occupants, increasing the potential for inappropriate interaction, but none was reported in the data reviewed by the City’s police department. Ms. Orshefsky stated, in terms of the school’s transit rider plan, Lauderhill’s Major William Gordon found that plan was adequate in addressing the safety issue of students using public transportation, and once the plan was implemented, officers could observe its effectiveness. She said the applicant agreed, as they constantly monitored activities, and they were willing to place additional staff as needed at particular times during the day. The applicant submitted materials to staff to facilitate their understanding of the flow of students, which indicated ASA would have two five-hour shifts, and some students might not be present for the full five hours, as they only needed a few credits, so they might arrive at 10:00 a.m. and leave at 12:00 noon, while others might be there from 7:00 a.m. to 12:00 noon. She stated they had controlled entrance and exits at the school, and when students were released from class, they first went to the security guard to retrieve personal electronics or other property they brought to school that they could not take with them; this was not a school where students were allowed to take cell phones. Each shift could have a maximum of 350 students, but because of the breakdown of the students and the number of classes they went to in a particular shift, they found that it was about 100 and change students on campus at any given time. Ms. Orshefsky remarked on City staff’s conditions of approval, stating they included what she believed was now a standard condition, as contained in condition seven that basically said subsequent to occupancy, if the City’s code enforcement or police departments received three or more complaints against the uses within any one-year period, and such complaints were confirmed by the Code Enforcement Board, the City Commission could hold a duly noticed public hearing to review the special exception use, and could add, modify, suspend or revoke any conditions of approval or the development order. This was the safeguard Commissioner Grant sought, an ability to have Mr. Kinlock come before the Commission. She said the systems would be in place to avoid the experiences the City had with similar schools in Lauderhill. Vice Mayor Bates commented her experiences with charter schools had not been good, so she was still not satisfied, and she understood that after the subject discussion, the Commission would vote to approve or deny changing the City’s ordinance to allow ASA. City Attorney Hall clarified the question before the City Commission was the approval of a special exception; that is, whether to allow the requested use to occur in a particular area. Vice Mayor Bates indicated this was her meaning. She restated her concern of disliking taking the City’s commercial property and changing the use to something else, particularly a school. She had little respect for charter schools, because they took money from public schools, and she was a great supporter of public schools, though she understood what schools like ASA supposedly did. Her questions related to the operation of the school. Andrew Kinlock, ASA principal, clarified charter schools were public schools, so they did not take money away from other public schools. City of Lauderhill Page 14 City Commission Meeting Meeting Minutes - Final February 25, 2019 Vice Mayor Bates disagreed. Most of the Lauderhill’s schools had a certain area they focused on serving; she asked Mr. Kinlock what area or focal point would ASA service. Mr. Kinlock explained ASA’s mission was to cater to all types of students, as they came to the school for a broad number of reasons, and they had students from all walks of life and ethnicities. Some students came to ASA to retrieve credits, or to make up credits, so they could go back to their traditional school; and some students sought to move at an accelerated rate. Vice Mayor Bates asked if ASA had online classes. Mr. Kinlock answered yes. They had a digital curriculum created by Pierson GradPoint, and they integrated their digital system with their student information system, so, for example, parents had the opportunity to look at their child’s work continuously, specifically about the assignments they completed. Vice Mayor Bates wished to know what testing ASA used. Mr. Kinlock explained, since ASA was a public school, it followed all the standard Broward Public School testing requirements for a high school diploma in the State of Florida. For example, a student could not graduate from ASA without satisfying their E-of-Course Assessments and other basic requirements. Vice Mayor Bates recalled reading somewhere that ASA’s testing was based on SATs. Mr. Kinlock indicated they did have students that took the SATs and scored very high, and they went on to attend Nova University and other elite four-year colleges, as well as using the Florida Standards Assessment (FSA), as their students had to pass those requirements to obtain their high school diploma. There were no substitutions with regard to the requirements to be awarded a high school diploma. Vice Mayor Bates asked if ASA teachers were certified by the State of Florida. Mr. Kinlock answered yes. Vice Mayor Bates wished to know the teacher to student ratio. Mr. Kinlock believed it was one to 15, which facilitated real growth, as the ASA student population needed a lot of one-on-one help, along with mentoring. Vice Mayor Bates commented, given the present climate in the Broward school system, what would ASA have in place as security. Mr. Kinlock replied they hired an outside security company, Shields International, and they provided security for inside, outside and around the perimeter of the building; they had a total of five security personnel on their campus. As the data provided to the City indicated, students had a wide variety of schedules to address their needs, so many of them, even within each shift, were not all on campus at the same time. He stressed that it was a very individualized service being provided to the students. Commissioner Campbell stated he, too, was not a true fan of charter schools, but he understood they played an important role in the City’s education system, though he felt charter schools took away funding that would go to the traditional public schools. He City of Lauderhill Page 15 City Commission Meeting Meeting Minutes - Final February 25, 2019 questioned if the majority of students that attended ASA were from a privileged class. Mr. Kinlock answered no, as if they were, most of them would not attend school. Most of ASA’s students sought a second chance to get to the next level, and ASA sought to provide them with the needed education they desired. He believed ASA raised over $160,000.00 to donate scholarships for their graduating students to attend college; they tried to push for higher academics, acknowledging that some students went on to trade schools. A significant number of their students attended Broward College (BC), and some joined the military, or attended Florida International University (FIU) and Florida Atlantic University (FAU). He explained for students awarded scholarships for college, ASA paid the college fees directly, rather than giving the students the money. Commissioner Campbell asked, if the students attending ASA were not given a second chance to graduate high school, how Mr. Kinlock thought they would end up. Mr. Kinlock responded that his background came from a residential treatment facility (RTC), and his position was if society did not take care of its children at the point they attended schools such as ASA, it would pay for them later in less desirable circumstances. He believed the City could help by providing students with a solid education in a beautiful facility in Lauderhill. Mayor Thurston pointed out the time was 9:00, and the agenda indicated it was time for comments from public officials. He asked for a motion to move Communication from Public Officials to the end of the agenda. Vice Mayor Bates made a motion to Approve moving Communication from Public Officials to the end of the agenda, seconded by Commissioner Grant. The vote was as follows: Vice Mayor Bates Yes Commissioner Berger Yes Commissioner Campbell Yes Commissioner Grant Yes Mayor Thurston Yes Commissioner Berger sought clarification on students using only authorized bus stops. Ms. Orshefsky mentioned one of the issues from the November 2018 hearing was there being numerous bus stops surrounding the area, so the applicant identified the two bus stops, as marked in yellow, one to go eastbound just to the east of the school, and one on the north side of Commercial Boulevard, 1,400 feet away, closest to the crosswalk. The latter was a fully signalized intersection with a pedestrian crosswalk. She said the two stops would be monitored by staff, using the same system as that at City College. The staff was present to ensure the safety of students crossing the intersection. Commissioner Berger asked if there would be any designated school zone, as with other schools, requiring traffic to slow down. Ms. Orshefsky answered no, there was no indication of a need for that, and this would be a high school with students over 15 years old, and given the staffing and the location. She reminded the Commission that ASA had arrivals and dismissals throughout a shift, so slowing traffic would be unworkable, so the applicant would manage the situation with proper staffing, and a strict adherence to the approved and authorized bus trips. City of Lauderhill Page 16 City Commission Meeting Meeting Minutes - Final February 25, 2019 Commissioner Berger wished to know if there was an eight-foot wall on the property. Mr. Tawes replied that an eight-foot wall would be built. Ms. Orshefsky indicated there were intermittent wooden walls on the south side, and the applicant agreed to put up a continuous eight-foot wall about ten feet off the applicants’ property line to allow for landscaping, and so residents to the south would be faced with a wall with attractive landscaping. The wall was already incorporated into the applicant’s pending site plan. Commissioner Berger questioned if residents within 300 feet of the property were duly noticed. Mr. Tawes affirmed they were, and no feedback was received from any residents. Ms. Orshefsky mentioned speaking to the president of a neighborhood association close to the applicant’s site, and no issues were voiced by his organization. She believed it was the Forrest Lake community. Mayor Thurston believed Ms. Orshefsky spoke to Tom Ballard. He opened the discussion to the public. Nancy Winslow, 6517 NW 54th Court, Lauderhill, stated the school would be near the Cypress Hollow neighborhood. She expressed surprise, as when she received notice of the subject item coming before the City Commission for consideration, she went to the school’s website, she thought it deserved a D minus, as it gave the impression the school had two existing sites, one in Sunrise, and one on University. She said she drove by the Sunrise site and it looked broken down, and she found out they no longer occupied that site, and if one clicked on GradPoint, the message said they could not be reached. She claimed just clicking on the various links of ASA’s home page, there was very, very little information connected to anything, asking the applicant if they knew there were concerns expressed in November 2018, why had they not cleaned up their website knowing people would be visiting it to get information about the school. Ms. Winslow wondered if this was the kind of teaching they were doing, as they seemed not to be paying attention to the quality of their website, particularly with regard to attracting students. The subject site was prime commercial property for Lauderhill, and there was an abandoned building just to the west of the site ready for use. She sought clarification as to the number of students that would be present at the school, as she kept hearing a variety of numbers, as well as the number of teachers the school would hire, and the security plan stated one security guard for the whole five-year plan. She claimed the police came to an inconclusive statement and she did not see a crossing guard on the applicant’s five-year plan. She did not support having the school at the subject site, as she did not wish to see trees torn down to accommodate the ASA. Ms. Winslow felt leery of ASA, as her exploration of the website yielded little information on their curriculum, so she could not determine if they actually taught students or were just monitoring those dropping in to do online courses. Brian Walters, 6517 NW 54th Court, Lauderhill, past president of Cypress Hollow community, echoed surprise that more residents did not turn up for the present Commission meeting, as he walked the streets of his community, and residents were very concerned about the City allowing the subject school into Lauderhill. He said the residents of Cypress Hollow were very upset by ASA coming to an area of Commercial Boulevard that was dangerous, and he challenged members of the Commission to go to the bus stops in the morning to personally observe what took place. Cars continuously City of Lauderhill Page 17 City Commission Meeting Meeting Minutes - Final February 25, 2019 drove along Commercial Boulevard well over 45 miles an hour, and even in the area toward Millennium School where there were school zones, students walked along the roadway paying attention only to their cell phones. He believed it to be a very dangerous area on the little footpath between where the school would be located. Mr. Walters remarked going east on Commercial Boulevard to the turn into their neighborhood, it would be a nightmare not having someone monitoring that walkway, and residents were led to believe by Ms. Orshefsky they would have a “walk” sign. He invited her to go to the intersection and try to go across Commercial Boulevard at any time of the day, adding there had been several traffic accidents there into the wall on the golf course. There had been people killed along the roadway not far from where the proposed school would be located at the corner of Inverrary and Commercial. He felt it was a dangerous area to have young people in such numbers, and the school would need a lot more people to monitor their movements on the roadway. Cypress Hollow and Forrest Lake provided the City with a good tax base, and they were voters, and if they got stuck with a school of this type, that is, students given second chances, they would not be the most rigorously brought up young people, requiring more supervision and great concern among residents in their neighborhood. Mayor Thurston received no further input from the public. Ms. Orshefsky stated she just accessed the ASA website and she was unsure of what difficulties Ms. Winslow experienced, but it was very active, and the information given was very consistent with that described by Mr. Kinlock and her. With regard to the continuous eight-foot wall required by the City, the applicant created a wall with a landscape buffer on both the south side of the wall facing residences, and on the north side between the rear of the school and the wall. She noted in the landscaped area, the applicant preserved as much of the natural foliage as possible, as well as throughout the rest of the site; if this were a commercial development, the City would lose even more of the trees than what the applicant proposed for the site, as the school had a much smaller footprint than any commercial development. There was a reluctance to use commercial property for a school, but people were reluctant to allow a school in a residential neighborhood, leaving very few locations. She pointed out that the Commission had the professional judgments of the City’s own planning staff, police department, etc. who reviewed both the applicant’s present operations and their history, and their conclusions should give the Commission a level of comfort. Ms. Orshefsky stated the applicant had taken numerous steps to ensure they impacted the surrounding residential communities minimally, and she urged the Commission to approve the subject application. Commissioner Berger inquired as to the allowable uses on the subject site if the applicant’s special exception application was denied. Mr. Tawes replied the permitted uses were noted in Schedule B in the backup, and they pertained to allowable uses within a general commercial zone. They included general retail, office development, typically seen along Commercial Boulevard. Commissioner Berger asked if this included gas stations. Mr. Tawes said gas stations required a special exception. Commissioner Berger wondered about a car repair shop. Mr. Tawes indicated, again, a special exception was required Mr. Hobbs explained no automotive uses would be allowed on the subject site, as they City of Lauderhill Page 18 City Commission Meeting Meeting Minutes - Final February 25, 2019 would be too close to residential uses, even with a special exception. Commissioner Campbell commented the concerns voiced related to traffic and students commuting back and forth along Commercial Boulevard, but regardless of what use occupied the subject site, the concerns would remain. Mr. Tawes stated more traffic would be generated with commercial development. Mayor Thurston asked if the PILOT agreement should be addressed at present. City Attorney Hall stated, considering what Ms. Orshefsky proposed, and with the approval of the subject application by the Commission, he would concur that the PILOT agreement would come back to the Commission, but it had to be negotiated, agreed to and approved before the issuance of a building permit to the applicant. Ms. Orshefsky asked that the language in condition one be amended to incorporate the change of ownership she entered into the record previously, adding that the entities remained the same. City Attorney Hall affirmed this could be added in as an amendment. Vice Mayor Bates made a motion to Amend Resolution #18R-11-273, modifying condition one as discussed above, and to require the approval of a PILOT agreement before a building permit was issued, seconded by Commissioner Campbell. The vote was as follows: Vice Mayor Bates Yes Commissioner Berger Yes Commissioner Campbell Yes Commissioner Grant Yes Mayor Thurston Yes A motion was made by Vice Mayor Bates, seconded by Commissioner Campbell, that this Resolution be approved as amended. The motion failed by the following vote: Yes: 3- Commissioner Berger, Commissioner Campbell, and Mayor Thurston No: 2- Commissioner Grant, and Vice Mayor Bates Abstain: 0 XIII QUASI-JUDICIAL MATTERS, FIRST READING XIV QUASI-JUDICIAL MATTERS, SECOND READING XV UNFINISHED BUSINESS XVI OLD BUSINESS XVII NEW BUSINESS City of Lauderhill Page 19 City Commission Meeting Meeting Minutes - Final February 25, 2019 XVIII COMMUNICATIONS FROM PUBLIC OFFICIALS AT 9:00 PM, OR IMMEDIATELY BEFORE ADJOURNMENT, WHICHEVER SHALL FIRST OCCUR. IF AN ITEM OF LEGISLATION IS BEING DISCUSSED AT 9:00 PM, THE CHAIR MAY DELAY THESE COMMUNICATIONS UNTIL AFTER THE ITEM OF LEGISLATION HAS BEEN RESOLVED. Vice Mayor Bates thanked staff again for the successful programs during the Martin Luther King, Jr. (MLK) birthday celebration, as she believed everybody who attended the various events had a great time. She thanked everyone for their support, including the sponsors, and she asked the public to support those sponsors, as the City could not afford the prices charged for events without the help of the sponsors. Commissioner Berger stated March was Women’s History Month, and a number of events would take place he wished to announce. The Lauderhill Regional Chamber of Commerce would hold their annual Women of Distinction Breakfast on Friday, March 8, 2019, at 7:30 a.m. at the BB&T Center; this year they would be honoring nine outstanding ladies who made a contribution in the community. Further information could be found on the Eventbrite website. Commissioner Grant reminded everyone that on March 7, 2019, at 7:00 p.m., the S.A.K.E. Awards would take place to honor student athletes, asking everyone to come out and support and encourage the youth who were doing a fantastic job. She mentioned on the previous two weekends, the City’s U12 travel soccer team did outstanding, winning the Western Cup, and the previous Saturday, they defeated the number three team in Florida. They would be honored On March 25th, 2019. City Manager Faranda noted at 7910 W Commercial Boulevard, there was an opening of a First Watch restaurant, where they served breakfast and lunch, and there were over 200 restaurants nationwide. They were voted the best place to work by Business Intelligence Group, top family dining by Consumer Report, and it was an exciting development for the City’s Commercial Boulevard area. He urged everyone to come out and support new and existing Lauderhill businesses. Commissioner Campbell expressed condolences to the family of Joe Major who recently passed away, asking the vice president of the community association to accept his apologies for his absence, as the coming weekend he would be out of town. He would try to pass through the community to show his condolences and support. Mayor Thurston complimented the Lauderhill Police Department on their swearing in of officers on Wednesday, February 20, 2019, along with other promotions, and most of the elected officials were present to show their support. He mentioned that the Lauderhill Fire Rescue Awards and Recognition Ceremony would take place on Tuesday, March 5, 2019, at the LPAC starting at 6:00 p.m.; hors d’oeuvres would be served from 6:00 p.m. to 7:00 p.m., and the award ceremony would begin at 7:30 p.m. The next Mayor’s Jazz Picnic in the Park would take place on March 10, 2019, at 11:00 a.m. to 2:30 p.m., with Blues Therapy and Jazz, and everyone was invited to bring their lawn chairs, preferred beverages, etc. He mentioned an upcoming gardening event on Thursday, February 28, 2019, at 6:00 p.m. in the multipurpose room at City Hall, with the presenter Pat Simpson, and the title was Edible Landscaping. XIX ADJOURNMENT - 9:32 PM City of Lauderhill Page 20 City Commission Meeting Meeting Minutes - Final February 25, 2019 City of Lauderhill Page 21