City Commission Meeting

City of Lauderhill City Hall 5581 W. Oakland Park Blvd. Lauderhill, FL, 33313 www.lauderhill-fl.gov Meeting Minutes - Final Monday, August 31, 2020 7:00 PM Attend via phone: Dial 1-312-626-6799 & Meeting ID: 929 6152 9913 Attend via computer: https://www.colvcm.com City Commission Meeting LAUDERHILL CITY COMMISSION Mayor Ken Thurston Vice Mayor Howard Berger Commissioner M. Margaret Bates Commissioner Richard Campbell Commissioner Denise D. Grant Desorae Giles-Smith, City Manager Andrea M. Anderson, City Clerk Earl Hall, City Attorney City Commission Meeting Meeting Minutes - Final August 31, 2020 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 7:00 PM. Mayor Thurston explained the present regular City Commission meeting was being conducted in a new and challenging era. The City of Lauderhill, Broward County, the State of Florida, the United States of America and the world were experiencing a new challenge due to the COVID-19 pandemic. Due to those challenges, the City was permitted to hold virtual government meetings in accordance with COVID-19 Center of Disease Control (CDC) guidelines, and the State of Florida Governor Ron DeSantis Executive Order #20-69, and the most recent extension, Executive Order #20-179, allowing virtual meetings to conduct official government business, waiving the requirement for a physically present quorum: • All members of the City Commission attended the meeting virtually or via conference call • The City Manager, Deputy City Manager, City Attorneys, City Clerk and other staff members attended the meeting virtually, either within City Hall practicing social distancing, at separate locations in City Hall, or from their homes • Due to the nature of the meeting and the constraints imposed by appearing virtually, for everyone’s patience was appreciated; anyone experiencing issues should text IT Director Doug Downs II ROLL CALL Present: 5- Commissioner M. Margaret Bates,Vice Mayor Howard Berger,Commissioner Richard Campbell,Commissioner Denise D. Grant, and Mayor Ken Thurston ALSO PRESENT: Desorae Giles-Smith, City Manager Earl Hall, City Attorney Constance Stanley, Police Chief Andrea M. Anderson, City Clerk III PLEDGE OF ALLEGIANCE TO THE FLAG FOLLOWED BY GOOD AND WELFARE HOUSEKEEPING A motion was made by Commissioner Bates, seconded by Commissioner Grant, to ACCEPT the Final-Revised Version of the City Commission Meeting Agenda for August 31, 2020. The motion carried by the following vote: City of Lauderhill Page 1 City Commission Meeting Meeting Minutes - Final August 31, 2020 Yes: 5- Commissioner Bates, Vice Mayor Berger, Commissioner Campbell, Commissioner Grant, and Mayor Thurston Abstain: 0 Commissioner Grant asked and received a Commission consensus to hear agenda item 27 first, as there were a number of persons waiting to speak on the item. Commissioner Bates asked and received a Commission consensus to hear item 26 immediately after item 27, as it was the only item left under Resolutions and it was a simple matter of inserting a name and voting. IV CONSIDERATION OF CONSENT AGENDA A motion was made by Commissioner Bates, seconded by Commissioner Grant, that this Consent Agenda was approved. The motion carried by the following vote Yes: 5- Commissioner Bates, Vice Mayor Berger, Commissioner Campbell, Commissioner Grant, and Mayor Thurston Abstain: 0 V APPROVAL OF MINUTES A. Minutes of the City Commission for July 13, 2020. Attachments: July 13, 2020 - 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 FROM KAPOW, THANKING THE CITY OF LAUDERHILL AND THE LAUDERHILL FIRE DEPARTMENT FOR THEIR SUPPORT (REQUESTED BY MAYOR KEN THURSTON). B. A PRESENTATION RECOGNIZING THE ANNUAL WOMEN'S HISTORY APPRECIATION DINNER HONOREES (REQUESTED BY VICE MAYOR HOWARD BERGER). IX ORDINANCES & PUBLIC HEARINGS - FIRST READING (NOT ON CONSENT AGENDA) (AS ADVERTISED IN THE SUN-SENTINEL) 1. REMOVED 2. ORDINANCE NO. 20O-08-123: AN ORDINANCE AMENDING THE CODE City of Lauderhill Page 2 City Commission Meeting Meeting Minutes - Final August 31, 2020 OF ORDINANCES OF THE CITY OF LAUDERHILL, CHAPTER 12, BUSINESS REGULATIONS, ARTICLE II, CERTIFICATE OF USE AND LOCAL BUSINESS TAX RECEIPT, SECTION 12-53, LOCAL BUSINESS TAXES TO INCREASE RATES BY FIVE PERCENT (5%) AS IS REASONABLE AND NECESSARY AND AS IS AUTHORIZED BY FLORIDA STATUTES, SECTION 205.0535(4); PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD-20O-08-123-Code 12-53 Business License Fee 5% increase 2020 AR 20O-08-123 Commissioner Campbell sought an update on staff’s efforts to roll back the millage rate as directed by the Commission at the recent budget workshop. City Manager Giles Smith indicated City staff would meet with each member of the Commission during the present week to discuss staff’s progress with the millage rate, and staff would make a public budget presentation thereafter. Commissioner Campbell questioned if it was important for the Commission to deal with the proposed increase at the present time. Mr. Hobbs stated the subject increase was a part of the City’s balanced budget submitted to the Commission on July 1, 2020. However, as part of the use of the Coronavirus Aid, Relief and Economic Security (CARES) program funds the City would receive, Ms. Giles-Smith proposed a five-percent discount across the board for the City’s businesses. He said, however, the City’s businesses would see no increase in the business tax in fiscal year (FY) 2021; there would be a five-percent increase in revenues that was be used to balance the budget. Commissioner Campbell remarked he still was unclear on Mr. Hobbs’s explanation, adding that the Commission recognized taxes were something the City had to address. It appeared to him if the City made a reduction to any of its taxes, while doing some form of increase in business taxes; it was like taking one step forward and many steps backward. He wanted to meet with Mr. Hobbs regarding numerous questions he received from the business community regarding the business tax, and complaints of double taxation by some who claimed no inspections were conducted; that is, even though there were no inspections due to the pandemic, they were still being billed as if there were. He commented, in light of the fact it was said the City needed to be more business-friendly, it was not a good feeling to verbalize one action, and do another, wondering if the proposed increase was the best step to take at present. Various entities, such as the Lauderhill Regional Chamber of Commerce (LRCC), were trying to attract businesses to Lauderhill, and the City needed to take practical steps to encourage businesses to remain and/or locate in the City. Commissioner Campbell wanted to convene a meeting, as members of the local business community expressed frustration with some of what they labeled as the City’s hidden fees they saw in no other city. This was something he hoped to educate himself on when meeting with City staff, as seeing the subject resolution on the agenda left a bitter taste. City of Lauderhill Page 3 City Commission Meeting Meeting Minutes - Final August 31, 2020 Mr. Hobbs reiterated the five-percent increase was a part of the City Manager’s proposed budget that was already presented to the Commission, so if the Commission wished not to approve the proposed ordinance, it would result in an additional five percent in cuts elsewhere in the FY 2021 budget. Thus, revenues would be reduced by an additional five percent, above and beyond the rollback millage rate staff sought to implement for the ad valorem. He said, in relation to the business tax, they were user fees paid by affected parties only, so when looking at the City’s tax base, it did not affect general Lauderhill residents. City staff conducted surveys and, unlike property taxes, the City’s user fees were commensurate with those of surrounding cities, despite what people tried to portray, and staff showed the survey results to local business owners to prove the City was not charging them higher fees; the same fees might have varying names in different municipalities. He reminded the Commission the ordinance would require two readings, so further discussion could take place in the interim before the second reading. However, if the proposed ordinance failed, staff had to look for an additional five percent in expenditure cuts to balance the City’s FY 2021 budget. Commissioner Campbell wished to make staff aware why he would be voting no on the proposed ordinance, as he thought it did not look right, and further discussion was needed. He was not saying the increase was not necessary, but it was important for the City not to send the message that some reductions were being looked at, while making increases elsewhere. Commissioner Grant suggested tabling the subject ordinance, so the Commission could have further discussion at its next biweekly workshop, after which it could be placed back on the next regular Commission meeting agenda. City Manager Giles-Smith supported this suggestion. City Attorney Hall explained the City needed the subject ordinance acted on before October 1, 2020, asking that the motion include tabling the ordinance to the September 14, 2020, regular Commission meeting. This would allow for a second reading at the end of September and prior to October 1. A motion was made by Commissioner Grant, seconded by Commissioner Campbell, that this Ordinance be tabled to the City Commission Meeting, due back on 9/14/2020. The motion carried by the following vote: Yes: 4- Commissioner Bates, Vice Mayor Berger, Commissioner Grant, and Mayor Thurston Excused: 1- Commissioner Campbell Abstain: 0 3. ORDINANCE NO. 20O-08-124: AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 21, WATER AND SEWER SERVICE, ARTICLE IV, DEPARTMENT OF ENVIRONMENTAL AND ENGINEERING SERVICES RULES, REGULATIONS, AND RATES; AMENDING SECTION 21-47, SCHEDULE OF RATES AND CHARGES, TABLE 4, WATER SYSTEM MINIMUM CHARGE/AVAILABILITY CHARGE; AND TABLE 5, WATER SYSTEM VOLUMETRIC RATE; AND TABLE 6, City of Lauderhill Page 4 City Commission Meeting Meeting Minutes - Final August 31, 2020 SEWER RATES AVAILABILITY CHARGE AND VOLUMETRIC RATE TABLE TO AMEND THE RATE STRUCTURES FOR WATER AND SEWER; PROVIDING THAT THE NEW RATE STRUCTURE SHALL BE EFFECTIVE COMMENCING OCTOBER 1, 2020; PROVIDING FOR FINDINGS AND CONCLUSIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH) . Attachments: ORD-20O-08-124-Sec._21_47.___Schedule_of_rates_and_charges Water & Sewer 2020.pdf AR 20O-08-124 CPI UB Rates FY21 - Oct 2020.pdf This Ordinance was approved on the Consent Agenda on first reading to the City Commission Meeting, due back on 09/14/2020. (See Consideration of Consent Agenda for vote tally.) 4. ORDINANCE NO. 20O-08-125: AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 21, WATER AND SEWER SERVICE, ARTICLE IV, DEPARTMENT OF ENVIRONMENTAL AND ENGINEERING SERVICES RULES, REGULATIONS, AND RATES; AMENDING SECTION 21-47, SCHEDULE OF RATES AND CHARGES, TABLE 7, STORMWATER MINIMUM CHARGE/AVAILABILITY CHARGE; AMENDING THE STORMWATER RATE STRUCTURE EFFECTIVE COMMENCING OCTOBER 1, 2020; PROVIDING FOR FINDINGS AND CONCLUSIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD-20O-08-125-Sec._21_47.___Stormwater Rates 2020.pdf AR 20O-08-125 CPI UB Rates FY21 - Oct 2020.pdf This Ordinance was approved on the Consent Agenda on first reading to the City Commission Meeting, due back on 09/14/2020. (See Consideration of Consent Agenda for vote tally.) 4A. ORDINANCE NO. 20O-08-126: AN ORDINANCE AMENDING THE CITY OF LAUDERHILL CODE OF ORDINANCES, APPENDIX G, FRANCHISES, ARTICLE III, GARBAGE, REFUSE AND TRASH, EXHIBIT “A” AMENDING THE RATE SCHEDULE OF FEES EFFECTIVE OCTOBER 1, 2020; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD-20O-08-126-CODE-ARTICLE_III. GARBAGE RATES 2020.pdf AR 20O-08-126 ARTICLE_III.___GARBAGE__REFUSE_AND_TRASH RATES.pdf This Ordinance was approved on the Consent Agenda on first reading to the City Commission Meeting, due back on 09/14/2020. (See Consideration of Consent City of Lauderhill Page 5 City Commission Meeting Meeting Minutes - Final August 31, 2020 Agenda for vote tally.) 4B. ORDINANCE NO. 20O-08-127: AN ORDINANCE APPROVING A CAPITAL BUDGET ADJUSTMENT AND A SUPPLEMENTAL APPROPRIATION OF ADDITIONAL REVENUES AND EXPENDITURES TO BALANCE THE FISCAL YEAR 2020 BUDGET; PROVIDING FOR VARIOUS BUDGET CODE NUMBERS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD 20O-08-127 AR 20O-08-127 Copy of Supplemental Appropriation - August (002) (004) This Ordinance was approved on the Consent Agenda on first reading to the City Commission Meeting, due back on 09/14/2020. (See Consideration of Consent Agenda for vote tally.) 4C. ORDINANCE NO. 20O-08-128: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL AMENDING THE CODE OF ORDINANCES, CHAPTER 10, GARBAGE AND TRASH/UNSANITARY AND UNSIGHTLY CONDITIONS/ABANDONED REAL PROPERTY; ARTICLE II, RECYCLABLE WASTE, SECTION 10-22, FEES TO UPDATE THE FEE SCHEDULE; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD-20O-08-128-Code-10-22-Recycling Fees 2020.pdf AR 20O-08-128 Code-10-22-Recycling Fees 2020.doc This Ordinance was approved on the Consent Agenda on first reading to the City Commission Meeting, due back on 09/14/2020. (See Consideration of Consent Agenda for vote tally.) X ORDINANCES & PUBLIC HEARINGS - SECOND READING (NOT ON CONSENT AGENDA) (AS ADVERTISED IN THE SUN-SENTINEL) 5. ORDINANCE NO. 20O-08-121: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE LEASE/PURCHASE OPTION AGREEMENT BETWEEN THE CITY OF LAUDERHILL AND BEACH SELECT, INC. FOR THE CITY OF LAUDERHILL TO LEASE PURCHASE VACANT PARCEL OF LAND LOCATED AT 5600 W. OAKLAND PARK BOULEVARD, LAUDERHILL, FLORIDA FOR THE TOTAL PURCHASE PRICE OF $300,000.00 TO BE MADE IN TWO LEASE INSTALLMENT PAYMENTS; AUTHORIZING THE CITY MANAGER AND/OR HER DESIGNEE TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). City of Lauderhill Page 6 City Commission Meeting Meeting Minutes - Final August 31, 2020 Attachments: ORD-20O-08-121-Ord-Lease-Purchase-5600 OPB.pdf AR 20O-08-121 Beach Select Deed Initialed real estate standards (1) SIGNED Lease with Purchase Option Rider (V1) (3) Signed Purchase Option Rider to Lease (V1) (1) BeachSelectSaleAddendum (1)(V2) (2).pdf City Attorney Hall explained the property the City sought to purchase was valued at a price much higher than the contract price. In the negotiations between Ms. Giles-Smith, the seller and him, the latter agreed to sell the City the property at a much reduced price. However, as a condition of the sale, the seller wished the City to acknowledge and accept a covenant recorded against the property that it would only be used for park purposes for a period of 20 years. He advised this was a new condition recently made by the seller, and if the City sought to use the property for anything other than park purposes within the 20-year period, he would have the right to buy the property back from the City for the same sale price for which it was sold to the City. The seller did not want the City to buy the land, then flip it for commercial use purposes. Commissioner Grant asked Mr. Hall how he felt about the seller’s new request. City Attorney Hall mentioned other sites in the City that were deed restricted. Lieberman Botanical Gardens, for which the City used County dollars to purchase, was deed restricted for park use only in perpetuity. The City purchased a parcel that was a former bank on the south side of Old City Hall, again using Broward County park bond dollars for the purchase, and that land could only ever be used as a park. He said though several parcels in the City were deed restricted as park land forever, the subject parcel would be deed restricted for 20 years, as the intent was for the City to use the parcel for park purposes only. City Manager Giles-Smith affirmed the City’s intended us for the subject parcel was to turn it into a beautiful entryway area off NW 56th Avenue, similar to that seen on Inverrary Boulevard. Commissioner Campbell said two weekends prior he was at the subject parcel, and there were youths who said they independently organized and were cleaning up the site. He called Ms. Giles-Smith, thinking she was trying to impress the Commission, so they would vote to approve the item, only to find she knew nothing of the youths’ efforts. The present meeting was too crowded for him to invite the youths to attend, but he thought the City should show them some form of appreciation for taking the initiative to do something positive in their community. He would discuss with Ms. Giles-Smith when it might be possible to recognize them on a future Commission agenda. A motion was made by Commissioner Bates, seconded by Mayor Thurston, that this Ordinance be approved on second reading. The motion carried by the following vote: City of Lauderhill Page 7 City Commission Meeting Meeting Minutes - Final August 31, 2020 Yes: 5- Commissioner Bates, Vice Mayor Berger, Commissioner Campbell, Commissioner Grant, and Mayor Thurston Abstain: 0 XI RESOLUTIONS (IF NOT ON CONSENT AGENDA) 6. RESOLUTION NO. 20R-08-149: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE CORONAVIRUS RELIEF FUND (CRF) SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF LAUDERHILL (SUBRECIPIENT) AND THE FLORIDA HOUSING FINANCE CORPORATION REGARDING THE DISBURSEMENT AND EXPENDITURE OF CARES ACT FUNDS A/K/A CORONAVIRUS RELIEF FUNDS OR CRF FUNDS; PROVIDING TERMS AND CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-149-Agrmt-CRF Funds Subrecipient.pdf AR 20R-08-149 CRF Agreement (Executed).pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 7. RESOLUTION NO. 20R-08-150: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE TRANSMITTAL OF A REQUEST TO BROWARD COUNTY FOR THE UNITY OF TITLE REGARDING MAYE JENKINS PARK TO COMBINE FOLIOS #5042 06 00 0240, #5042 06 00 0241 AND #5042 06 08 0060; APPROVING THE NEW LEGAL DESCRIPTION AND SKETCH FOR THE UNIFIED PROPERTY; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-150-Unity of Title - Maye Jenkins Park.pdf AR 20R-08-150 cover ltr-opinion of title.pdf Unity of Title [Lauderhi_20200825071635.pdf Legal Sketch & Description.pdf Opinion of Title 50420608006000171220200827122741.pdf Opinion of Title 504206000241 &00171120200827122630.pdf Opinion of Title 50420600024000171020200827122447.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 8. RESOLUTION NO. 20R-08-151: A RESOLUTION APPROVING THE FIRST OPTION TO EXTEND THE NON-EXCLUSIVE TOWING City of Lauderhill Page 8 City Commission Meeting Meeting Minutes - Final August 31, 2020 FRANCHISE AGREEMENT BETWEEN WESTWAY TOWING, INC. AND THE CITY OF LAUDERHILL FOR A ONE (1) YEAR TERM; DEFERRING ONE QUARTERLY PAYMENT TO THE NEXT FISCAL YEAR; PROVIDING THAT ALL THE OTHER ORIGINAL TERMS AND CONDITIONS REMAIN THE SAME; PROVIDING THAT ONE (1) OPTION TO RENEW REMAINS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-151-Agrmt-Westway 1st Extension 2020.pdf AR 20R-08-151 Westway-Option to Extend 2020.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 9. RESOLUTION NO. 20R-08-152: A RESOLUTION APPROVING THE RENEWAL OF THE CONTRACT WITH ALTERNATIVE SERVICE CONCEPTS (ASC) ADMINISTRATORS TO PROVIDE THIRD PARTY ADMINISTRAT I O N (TPA) SERVICES FOR WORKERS' COMPENSATION AND FOR LIABILITY/AUTOMOBILE/PROPERTY CLAIMS FOR THE CITY OF LAUDERHILL FOR THE COVERAGE PERIOD BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-152-ASC third party admin workers comp renewal 2020.pdf AR 20R-08-152 ASC Life of Partnership Claims Handling .pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 10. RESOLUTION NO. 20R-08-153: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE TWELFTH ADDENDUM TO THE AGREEMENT WITH THE SOLE SOURCE PROVIDER JOHNS EASTERN COMPANY, INC. WHO PROVIDES THIRD PARTY ADMINISTRATION SERVICES FOR THE CITY'S RUN-OFF CLAIMS TO MAINTAIN ACCURATE AGGREGATE CLAIM TRACKING AND NECESSARY PAYMENTS FROM THE INSURER'S LOSS FUND; EXTENDING THE AGREEMENT THROUGH SEPTEMBER 30, 2021; PROVIDING FOR PAYMENT IN THE TOTAL AMOUNT OF $11,480.00 BASED ON THE OUTSTANDING CLAIMS WHICH INCLUDES A $3,500.00 FEE TO COMPLY WITH THE MANDATED MEDICARE REPORTING REQUIREMENTS; PROVIDING FOR PAYMENT FROM VARIOUS BUDGET CODE NUMBERS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). City of Lauderhill Page 9 City Commission Meeting Meeting Minutes - Final August 31, 2020 Attachments: RES-20R-08-153-John's Eastern Company 12th Addendum.pdf AR 20R-08-153 Johns Eastern Addendum Number XII.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 11. RESOLUTION NO. 20R-08-154: A RESOLUTION APPROVING THE RENEWAL OF THE CONTRACT WITH AMERIFLEX TO PROVIDE ADMINISTRATION OF THE CITY OF LAUDERHILL'S MEDICAL FLEXIBLE SPENDING ACCOUNT AND DEPENDENT CARE SPENDING ACCOUNT UNDER THE SECTION 125 FLEXIBLE BENEFIT PROGRAM FOR ALL CITY EMPLOYEES AT "NO CHARGE' FOR A ONE YEAR TERM BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-154-Ameriflex 2020.pdf AR 20R-08-154 Ameriflex Recommendation Letter.docx This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 12. RESOLUTION NO. 20R-08-155: A RESOLUTION APPROVING THE RENEWAL OF THE HUMANA GROUP HEALTH INSURANCE PLAN FOR THE ONE (1) YEAR TERM BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021 TO INCLUDE HMO AND POS COVERAGE PLANS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-155-Health Ins-Humana 2020.pdf AR 20R-08-155 Humana Health Insurance Recommendation Letter.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 13. RESOLUTION NO. 20R-08-156: A RESOLUTION APPROVING THE RENEWAL OF THE HUMANA DENTAL INSURANCE PLAN AT NO RATE INCREASE FOR THE PERIOD BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021 TO INCLUDE HMO AND PPO COVERAGE PLANS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-156-Dental Ins-Humana 2020.pdf AR 20R-08-156 Humana Dental Insurance Recommendation Letter.pdf City of Lauderhill Page 10 City Commission Meeting Meeting Minutes - Final August 31, 2020 This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 14. RESOLUTION NO. 20R-08-157: A RESOLUTION APPROVING THE RENEWAL OF THE HUMANA VISION INSURANCE PLAN AT NO RATE INCREASE FOR THE PERIOD BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH) . Attachments: RES-20R-08-157-Humana-Vision 1yr renew 2020.pdf AR 20R-08-157 Humana Vision Insurance Recommendation Letter.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 15. RESOLUTION NO. 20R-08-158: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF LAUDERHILL FOR PARTICIPATION IN THE CONSOLIDATED REGIONAL E-911 COMMUNICATIONS SYSTEM AND FIRST AMENDMENT TO THE REGIONAL INTERLOCAL AGREEMENT FOR COOPERATIVE PARTICIPATION IN A REGIONAL PUBLIC SAFETY INTRANET; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-158-ILA-Agrmt-E-911 Regional Planning.pdf AR 20R-08-158 First Amendment to Participation and Regional ILA 8-3-20.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 16. RESOLUTION NO. 20R-08-159: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL AMENDING RESOLUTION NO. 20R-07-133 TO RENAME A PORTION OF N.W. 70th AVENUE WITH THE SECONDARY STREET NAME OF “REV. HERRON AVENUE” FROM COMMERCIAL BOULEVARD TO INVERRARY BOULEVARD, IN HONOR OF HIS MEMORY FOR ALL OF HIS CONTRIBUTIONS AND SERVICES TO THE LAUDERHILL COMMUNITY; PROVIDING THAT THE PRIMARY STREET NAME SHALL REMAIN N.W. 70th AVENUE; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY COMMISSIONER RICHARD CAMPBELL). Attachments: RES-20R-08-159-Street Renaming Rev. Herron-NW 70th Ave-Correction Secondary Name.pdf AR 20R-08-159 City of Lauderhill Page 11 City Commission Meeting Meeting Minutes - Final August 31, 2020 This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 17. RESOLUTION NO. 20R-08-160: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL FLORIDA APPROVING THE PROPOSAL OF MCMAHON ASSOCIATES, INC. IN THE AMOUNT OF $199,510.00 FOR THE TASK OF PREPARING A MULTI-MODAL MASTER PLAN TO CONTROL THE IMPACTS OF FUTURE DEVELOPMENT, REDUCE VEHICULAR CONGESTION AND INCREASE OPPORTUNITIES FOR TRANSIT USE, BICYCLING AND WALKING FOR THE NORTHWEST NEIGHBORHOOD OF THE CITY OF LAUDERHILL, GENERALLY BOUNDED BY COMMERCIAL BOULEVARD TO THE NORTH, OAKLAND PARK BOULEVARD TO THE SOUTH, ROCK ISLAND ROAD TO THE EAST, AND PINE ISLAND ROAD TO THE WEST; PROVIDING FOR PAYMENT FROM THE APPROPRIATE BUDGE CODE NUMBER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-160-Proposal-McMahon-multi-modal master plan.pdf AR 20R-08-160 Multimodal Scope_031220.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 18. RESOLUTION NO. 20R-08-161: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO CONTINUE DEVELOPMENT OF BIKE/MOBILITY IMPROVEMENTS CONNECTING TO STATE ROAD 7/US-441 WITHIN CITY RIGHT OF WAY ALONG N.W. 26TH STREET (APPROXIMATELY N.W. 47TH AVENUE TO STATE ROAD 7), N.W. 19TH ST (APPROXIMATELY N.W. 49TH AVENUE TO STATE ROAD 7), AND N.W. 16TH STREET (APPROXIMATELY N.W. 49TH AVENUE TO STATE ROAD 7); FURTHER EXPRESSING ITS INTENT TO TAKE OVER MAINTENANCE OF THESE BIKE/MOBILITY IMPROVEMENTS WITHIN THE CITY RIGHT OF WAY; PROVIDING FOR FINDINGS AND CONCLUSIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-161-Bike Lane Maintenance Agreement.pdf AR 20R-08-161 CSLIP Exhibit 1.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) City of Lauderhill Page 12 City Commission Meeting Meeting Minutes - Final August 31, 2020 19. RESOLUTION NO. 20R-08-162: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE RENEWAL OF THE SERVICE AGREEMENT BETWEEN THE CITY OF LAUDERHILL AND MOTOROLA SOLUTIONS REGARDING ALL CITY RADIOS FOR AN ADDITIONAL ONE (1) YEAR TERM EXPIRING SEPTEMBER 30, 2021; PROVIDING FOR PAYMENT IN AN AMOUNT NOT TO EXCEED $59,745.72 FROM THE APPROPRIATE BUDGET CODE NUMBER; PROVIDING TERMS AND CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-162-Agrmt-Motorola Solutions Radio Renewal.pdf AR 20R-08-162 Motorola.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 20. RESOLUTION NO. 20R-08-163: A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING; APPROVING THE PURCHASE FROM DUVAL FORD OF TWO (2) F-150 4X2 XL TRUCKS IN THE TOTAL AMOUNT OF $50,238.00 BASED UPON THE BIDS SOLICITED BY THE STATE OF FLORIDA (CONTRACT #25100000-19-1); PROVIDING FOR PAYMENT IN THE TOTAL AMOUNT NOT TO EXCEED $50,238.00 FROM BUDGET CODE NUMBER 450-925-06440; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES SMITH). Attachments: RES-20R-08-163-PIGGY-Duval Ford.pdf AR 20R-08-163 ORIGINAL FILE NOTIFICATION.(002).pdf Duval.xlsx.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 21. RESOLUTION 20R-08-164: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE RANKING OF QUALIFIED FIRMS PURSUANT TO RFP #2020-028 FOR LAUDERHILL SPORTS PARK CONCESSION AND RESTROOM INTERIOR IMPROVEMENTS AS RECOMMENDED BY THE EVALUATION COMMITTEE IN AN AMOUNT NOT TO EXCEED $198,585.00; PROVIDING FOR PAYMENT FROM BUDGET CODE NUMBER 625-225-8322; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). City of Lauderhill Page 13 City Commission Meeting Meeting Minutes - Final August 31, 2020 Attachments: RES-20R-08-164-Ranking-Lauderhill Park Concession.pdf AR 20R-08-164 FINAL RANKING RFP 2020-028 LAUDERHILL SPORTS PARK.pdf MACEDA COST SHEET.pdf ORIGINAL FILE NOTIFICATION.(002).pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 22. RESOLUTION NO. 20R-08-166: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE PROMISSORY NOTE AGREEMENT BETWEEN THE CITY OF LAUDERHILL AND THE LAUDERHILL POLICE OFFICERS’ RETIREMENT PLAN REGARDING THE REPAYMENT OF FUNDS IN THE AMOUNT OF $2,063,750.00; PROVIDING TERMS AND CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-166-Agrmt-Promissory Note-Police Pension Plan.pdf AR 20R-08-166 Promissory Note-Police Pension.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 23. RESOLUTION 20R-08-167: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE RANKING OF QUALIFIED FIRMS PURSUANT TO RFP #2020-023 TO MANAGE AND OPERATE THE CITY OF LAUDERHILL SWIM TEAM PROGRAM AS RECOMMENDED BY THE EVALUATION COMMITTEE; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-167-Ranking-Swim Team.pdf AR 20R-08-167 FINAL RANKING RFP 2020-023 SWIM TEAM PROGRAM.pdf TS AQUATICS COST .pdf ORIGINAL FILE NOTIFICATION.(002).pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 24. RESOLUTION NO. 20R-08-168: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE PROMISSORY NOTE AGREEMENT BETWEEN THE CITY OF LAUDERHILL AND THE CITY OF LAUDERHILL CONFIDENTIAL AND MANAGERIAL EMPLOYEE DEFINED BENEFIT RETIREMENT PLAN REGARDING THE REPAYMENT OF FUNDS IN THE AMOUNT OF City of Lauderhill Page 14 City Commission Meeting Meeting Minutes - Final August 31, 2020 $400,000.00; PROVIDING TERMS AND CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-168-Agrmt-Promissory Note-Conf & Manag Pension Plan.pdf AR 20R-08-168 M & C Plan Note.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 25. RESOLUTION NO. 20R-08-169: A RESOLUTION APPROVING THE APPOINTMENT OF KAMERON DAVIS BY THE MAYOR ON BEHALF OF THE CITY COMMISSION AS REQUIRED BY FLORIDA STATUTES, CHAPTER 421 TO SERVE AS A MEMBER OF THE CITY OF LAUDERHILL HOUSING AUTHORITY BOARD FOR THE REMAINDER OF THE TERM OF JOEL LESHINSKY EXPIRING NOVEMBER 2020; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY MAYOR KEN THURSTON). Attachments: RES-20R-08-169-BRD-LHA-Daniels.pdf AR 20R-08-169 Housing Authority Commission List KAMERON DAVIS RESUME This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 26. RESOLUTION NO. 20R-08-170: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPOINTING PETER LYBRAND BY THE CITY COMMISSION AS A WHOLE TO SERVE AS A MEMBER OF THE LOCAL AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A FOUR (4) YEAR TERM EXPIRING JUNE 2024; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-170-Board Appt-Local Housing Advisory appointment 2020.pdf AR 20R-08-170 Local Affordable Housing Advisory Committee List Peter Lybrand Application Having received a Commission consensus, this item was heard second during the meeting. A motion was made by Commissioner Bates, seconded by Commissioner Grant, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner Bates, Vice Mayor Berger, Commissioner Campbell, Commissioner Grant, and Mayor Thurston City of Lauderhill Page 15 City Commission Meeting Meeting Minutes - Final August 31, 2020 Abstain: 0 27. RESOLUTION NO. 20R-08-171: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA, REQUESTING THAT THE FLORIDA LEGISLATURE AND THE GOVERNOR OF THE STATE OF FLORIDA TAKE ACTION TO PASS THE NECESSARY LEGISLATION TO AMEND THE FLORIDA STATUTES CHAPTER 112 AND CHAPTER 440 AND ANY OTHER RELEVANT PROVISIONS TO CREATE A PRESUMPTION THAT PANDEMICS, SUCH AS COVID-19, ARE COVERED OCCUPATIONAL EXPOSURES THAT ARE PRESUMED TO BE WITHIN THE LINE OF DUTY FOR ALL FIRST RESPONDERS, LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS TO BE ENTITLED TO RECEIVE DEATH BENEFITS AND WORKER’S COMPENSATION BENEFITS; DIRECTING THE CITY CLERK TO PROVIDE A COPY OF THIS RESOLUTION TO THE APPROPRIATE OFFICIALS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY COMMISSIONER DENISE D. GRANT). Attachments: RES-20R-08-171-Support-Line of Duty Death Benefits-WC legislation.pdf AR 20R-08-171 Ex. A - CFO Directive 20-05 Division of Risk Management Final SIGNED.pdf Ex. B1-Deputy Shannon Bennett died of COVID-19 but family denied line-of-duty insurance claim.pdf Ex. B2- Insurance Denial.pdf Ex. C-PSOB Act.png Having received a Commission consensus, this item was heard first during the meeting, as there were a number of persons waiting to speak on the item. Commissioner Grant acknowledged the virtual attendance of State Representative Anika Omphroy, Police Chief Constance Stanley, Fraternal Order of Police (FOP) union president Sergeant Mustaffa Malik, Police Benevolent Association (PBA) union president Lieutenant Michael Lacey, Fire Chief Marc Celetti, International Association of Fire Fighters (IAFF) union president Michael Lombardi, Metro-Broward Professional Fire Fighters union president Brian Powell, former Lauderhill police chief, Andrew Smalling, and Denise Pendergrass, wife of Sergeant Corey Pendergrass who recently passed away due to COVID 19. She noted, from the COVID 19 pandemic came to the USA, close to 100 police officers nationwide died from the virus; and as of August 5, 2020, reports indicated about 44 firefighters and rescue workers died of COVID 19, along with countless medical professionals and technicians. Commissioner Grant said it was well understood persons on the frontline were the first to respond to the pandemic, making fire and police personnel increasingly vulnerable to contracting COVID 19, as evidenced by Lauderhill’s Sergeant Pendergrass. Yet, COVID 19 was not included among the list of occupational exposure or presumptions contained in Florida statutes, hence the reason for the subject resolution and its discussion. She noted no one expected City of Lauderhill Page 16 City Commission Meeting Meeting Minutes - Final August 31, 2020 the country to be hit by COVID 19, and everyone was affected by the virus in some way. The City wished to be fair to its first responders, as they were on the frontline, running into something everyone else was running away from. Considering the newness of the virus, it was not yet written into State statutes, and families of first responders who died due to COVID 19 while in the line of duty were not given death benefits, and this was unfair, as in many cases the first responder was the main financial provider of the family. She stated the subject resolution was an appeal to Governor Ron DeSantis to include the language set forth in the resolution regarding allowing death benefits to first responders who died due to COVID 19 contracted in the line of duty. She urged her fellow Commissioners to acknowledge the importance of the subject initiative and support it, so the City could continue on a path that was just, fair and balanced to ensure its first responders and medical personnel received what they deserved. City Attorney Hall noted Florida Statute 112.181 provided for a presumption of illnesses, such as meningitis and tuberculosis, but there was no ability to describe a disease or pandemic in the Statute. The City wished to amend the above statute, adding the wording highlighted in red in the resolution’s backup, asking the Florida Legislature recognized impairment or death due to a declared pandemic by the CDC, to add to the presumptions, so a first responder’s family would not have to prove he or she contracted COVID 19 in the course of performing their duties. State Representative Anika Omphroy expressed appreciation for being allowed to work with the City, particularly Commissioner Grant and City staff, to ensure moving forward with getting an amendment to the existing State statute, so the State’s first responders and their families were covered in the event of loss of life due to COVID 19. She looked forward to putting the resolution, upon its passing by the City Commission, before her colleagues in the Florida House and Senate. Police Chief Constance Stanley thanked Commissioner Grant for her effort to bring the subject resolution forward, commending all City staff for working with her and supporting the resolution, along with Representative Omphroy’s efforts to push the bill forward. She said Sergeant Pendergrass had been with the City for a considerable number of years, and he was a great officer known as always willing to assist, so his loss to her department was devastating. He was the City’s first police officer in-the-line-of-duty death, and hopefully the last. Her officers put themselves on the frontline, responding to calls without hesitation every day that put their lives at risk; they already had enough danger doing their job, and now had to add to it COVID 19. Regardless, officers still responded to calls and addressed various issues. She felt great appreciation for the subject movement and hoped the Resolution was passed by the Commission and the Florida Legislature, as it was something very necessary, and she thought officers would feel much better knowing there was some support behind them in this regard. She spoke with Denise Pendergrass almost daily to make sure the family was well taken care of, and they were getting what they needed. FOP union president Sergeant Mustaffa Malik thanked Commissioner Grant for bringing the subject matter and resolution to the forefront. He thanked Commissioner Campbell and her for attending Sergeant Pendergrass’s funeral service. He understood Mayor Thurston asked them to attend in his place, and he appreciated their presence and support. The FOP took steps that echoed the City of Lauderhill Page 17 City Commission Meeting Meeting Minutes - Final August 31, 2020 same sentiment as the proposed resolution, as the FOP wrote a letter to Governor DeSantis asking that if a police officer tested positive for COVID 19, presumptively they contracted it in the line of duty; officers seldom had the chance to social distance when detaining and transporting someone to jail. He provided an update on the number of officers who died thus far from COVID 19, stating, as of August 10, 2020, 195 officers passed away from COVID 19; this proved it was definitely something that needed to be acknowledged through the State of Florida, as the virus was already recognized as a presumptive at the federal level as an in-line-of-duty situation. Hopefully, this would encourage the State of Florida to amend the language of State Statute 112.181, as the resolution requested. Sergeant Malik remarked if the City was sending anything to the State and desired the FOP’s support, they should contact him; he would forward to them the FOP’s letters as accompanying support for the City’s efforts. He thanked the City Commission and staff for all they were doing for Sergeant Pendergrass and his family, as their actions were incredibly generous and made him feel very proud to be a part of the Lauderhill family. It seemed no stone was left unturned, and every action that could be taken to help his family was taken. He echoed Chief Stanley’s comment that it was amazing to see that everyone was on the same side of the subject initiative, as the Commission had the department’s back; the officers felt the same, as did the State representatives, and other City staff. PBA union president Lieutenant Michael Lacey thanked Commissioner Grant for bringing the subject resolution forward, thanking the Commission for their consideration. He appreciated the City’s support on such a bill, as it meant a lot to the officers, as they were on the road every day working; it helped that they knew the City and the Commission had their back, and if something happened to them, their families would be taken care of. The City Commission had the complete support of the PBA for the proposed resolution, and if anything was needed from the union as a show of support, they were more than willing to provide it. Fire Chief Marc Celetti echoed the comments the previously speakers; their brothers in blue and fire rescue were out in the community every day working side by side. There were 35,000 firefighters in Florida and, to date, almost 2,000 tested positive for COVID 19, with 752 still out of work; these numbers came from various industry reporting agencies that did daily monitoring. He noted that in the Palm Beach, Broward, Miami-Dade and Munroe Counties, there were 11,000 firefighters, close to a third of their number for the State, and 788 tested positive, with 400 of them still out of work; Broward County was one of the busiest counties of the four. Lauderhill’s Fire Department responded to over 1,000 COVID-related cases since April 1, 2020, when they began collecting data, and of the 1,000, 185 were confirmed positive. He commented the support of the community, the City Commission and administration, and the State was needed, as a third of their members had been out with COVID 19-related issues since April 1, 2020, though, thankfully, they had all returned to work. It was unfortunate Lauderhill’s Police Department lost one of its members, as Sergeant Pendergrass was a great man, someone you wanted standing next to you. The virus attacked each person’s body differently, and there was insufficient data to suggest what initial or long-term effects of COVID would be. He said too many firefighters and first responders passed away from cancer or sudden cardiac emergency before it was ever presumed under law to be job related, and he hoped the State did not wait too long to realize the same was true of COVID 19. It was important for first responders to City of Lauderhill Page 18 City Commission Meeting Meeting Minutes - Final August 31, 2020 have the Commission’s support. Metro-Broward Professional Fire Fighters Local 38 union president Brian Powell thanked Commissioner Grant for bringing the subject resolution forward for the Commission’s consideration, as it was important. Their union represented 88 members, and no one wished such situations to ever happen and, unfortunately, they were ill prepared, as was everyone else. He knew Michael Lombardi and the IAFF stood with Sergeant Pendergrass and his family, expressing condolences for their brothers in blue for the loss of their family member. The bill advocated by the proposed resolution was something they would fully support, and they hoped the Commission would approve it. He committed to the Commission that he would work with Representative Omphroy when she was in Tallahassee bringing the bill to the floor. IAFF union president Michael Lombardi mentioned already having in depth conversations with members of the City Commission and staff, thanking them for placing the matter on the Commission agenda for approval. It was important for all union members, showing they were all united and moving in a positive direction. Andrew Smalling, former Lauderhill police chief, voiced support for the proposed resolution, thanking Commissioner Grant for bringing it forward, and thanking Representative Omphroy for taking it to Tallahassee. The country was still in the midst of the pandemic, and everyone was trying to work things out as they went along. He was glad to see Lauderhill was, as usual, at the forefront of Broward County when it came to innovative actions, taking point on the subject resolution that would accord first responders the benefits if they suffered from the COVID 19 as stated above. His sent deepest condolences to the Pendergrass family. He wished to bring to everyone’s attention the genesis of the subject resolution, in relation to what happened to Sergeant Pendergrass. Deputy Shannon Bennett of the Broward Sheriff’s Office (BSO) passed away from COVID 19, but his family was unable to get death benefits, as the law to allow them to receive such benefits had yet to be passed. He wholeheartedly endorsed and encouraged the passing of the proposed resolution, sending it to Tallahassee for approval, so it could benefit the entire State. Officer Otis Lawrence stated Sergeant Pendergrass and he served together and were the very best of friends. He worked in law enforcement for almost 40 years and had seen and done a lot, but the loss of Sergeant Pendergrass was one of the most tragic situations. He was proud to be a part of the subject action the City sought to take, commending Commissioner Grant for taking the initiative to getting the legislation passed for officers serving their communities every day. Denise Pendergrass, wife of Sergeant Corey Pendergrass, remarked the death of her husband due to COVID 19 was not something anyone was prepared for, and she was truly grateful for the opportunity to speak. She thanked Commissioner Grant for pushing for the subject resolution, along with Chief Stanley, Sergeant Malik, Lieutenant Lacey, Officer Lawrence, Mr. Smalling and the entire Lauderhill family, as they were truly by her family’s side during their time of need. She prayed that with everything going on, the Commission voted favorably on the subject resolution, so it could move forward to Tallahassee, as officers deserved it, and no one knew when something might happen. She said her husband was a wonderful City of Lauderhill Page 19 City Commission Meeting Meeting Minutes - Final August 31, 2020 man who was not afraid to do his job, and he did his job well and fought for his community. A motion was made by Commissioner Bates, seconded by Commissioner Campbell, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner Bates, Vice Mayor Berger, Commissioner Campbell, Commissioner Grant, and Mayor Thurston Abstain: 0 27A. RESOLUTION 20R-08-165: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE RANKING OF QUALIFIED FIRMS PURSUANT TO RFP #2020-029 FOR LAUDERHILL 6-12 CONCESSION INTERIOR AND EXTERIOR IMPROVEMENTS AT 1901 N.W. 49th AVENUE AS RECOMMENDED BY THE EVALUATION COMMITTEE IN AN AMOUNT NOT TO EXCEED $65,000.00; PROVIDING FOR PAYMENT FROM BUDGET CODE NUMBER 625-225-8321; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-165-Ranking-Lauderhill 6-12 Concession.pdf AR 20R-08-165 FINAL RANKING RFP 2020-029 LAUDERHILL 6-12.pdf GEMSTONE 18.pdf ORIGINAL FILE NOTIFICATION.(002).pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 27B. RESOLUTION NO. 20R-08-172: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL AUTHORIZING A CHANGE ORDER TO MDS BUILDERS, INC. IN AN AMOUNT NOT TO EXCEED $86,880.00 FOR ADDITIONAL CONCRETE SIDEWALK WORK IN CONNECTION WITH THE VETERAN’S PARK GENERAL OBLIGATION BOND; PROVIDING FOR PAYMENT FROM THE APPROPRIATE BUDGET CODE NUMBER(S); PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-172-change order -MDS Builders Sidewalks.pdf AR 20R-08-172 Veterans Park - GO Bond - Change Order #002 - Additional Concrete Sidewalk Work - MDS Builders Form.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 27C. RESOLUTION NO. 20R-08-173: A RESOLUTION APPROVING THE EXPENDITURE OF FUNDS FROM THE STATE LOCAL LAW City of Lauderhill Page 20 City Commission Meeting Meeting Minutes - Final August 31, 2020 ENFORCEMENT TRUST FUND (LETF) IN THE AMOUNT OF $122,626.00 TO PURCHASE A BI-DIRECTIONAL ANTENNA FOR USE BY THE CITY OF LAUDERHILL POLICE DEPARTMENT; PROVIDING FOR PAYMENT FROM BUDGET CODE NUMBER 120-683-9935; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-173-LETF-expenditure-bi-directional antenna.pdf AR 20R-08-173 BDA Forfeiture Fund Request.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 27D. RESOLUTION NO. 20R-08-174: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE PROMISSORY NOTE AGREEMENT BETWEEN THE CITY OF LAUDERHILL AND THE CITY OF LAUDERHILL FIREFIGHTERS’ PENSION FUND REGARDING THE REPAYMENT OF FUNDS IN THE AMOUNT OF $1,031,250.00; PROVIDING TERMS AND CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-174-Agrmt-Promissory Note-Firefighters Pension Plan.pdf AR 20R-08-174 Promissory Note - Firefighters.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 27E. RESOLUTION NO. 20R-08-175: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF LAUDERHILL AND ROSSMEYER DAYTONA MOTORCYCLES, INC. D/B/A DAYTONA HARLEY-DAVIDSON FOR THE LEASE OF TWO (2) MOTORCYCLES FOR USE BY THE LAUDERHILL POLICE DEPARTMENT EFFECTIVE THROUGH SEPTEMBER 30, 2022; PROVIDING TERMS AND CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-20R-08-175-Agrmt-Harley Lease 2020.pdf AR 20R-08-175 2020 Traffic Lease - Lauderhill PD.PDF 2020 Lease Proposal - Lauderhill PD.PDF This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) City of Lauderhill Page 21 City Commission Meeting Meeting Minutes - Final August 31, 2020 XII QUASI-JUDICIAL MATTERS (IF NOT ON CONSENT AGENDA) XIII QUASI-JUDICIAL MATTERS, FIRST READING XIV QUASI-JUDICIAL MATTERS, SECOND READING 28. REMOVED 29. REMOVED XV UNFINISHED BUSINESS XVI OLD BUSINESS XVII NEW BUSINESS 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. City Attorney Hall informed the Commission the Broward County Commission recently voted to place an initiative on the November election ballot; the initiative was to remove from all Broward County cities the right to review development plans built by the County using transportation surtax dollars. If the matter were to be approved by voters, it would remove from cities’ planning & zoning (P&Z) staff and their commission any right to review County development projects in their boundaries. For example, if approved, and had the Broward mass transit facility at the Lauderhill Mall not been developed to the extent it currently was, the City would not be allowed to review that project. He pointed out the mass transit facility project at Lauderhill Mall was reviewed by the City’s P&Z staff, the P&Z Advisory Board, and the City Commission on a number of occasions, so the City got a project that was compatible with the Lauderhill community. He stressed if the ballot initiative passed, the City could no longer review projects the County wished to do in Lauderhill using surtax dollars. Mr. Hall he wished to bring the matter to the Commission’s attention, so they could take action in their public capacity and do what was needed with regard to raising the awareness of constituents. He informed the Commission elected officials of other Broward cities, such as Mayor Daniel Stermer of Weston, and Mayor Michael Ryan of Sunrise were on the frontlines at the County Commission opposing the ballot initiative. Initially, the County Commission voted against the ballot initiative then later reconsidered and voted in favor of placing it on the November ballot. Mayor Thurston added the Broward League of Cities Board, on which he was the City’s representative, asked each board member to vote on whether the League should take up the position to help educate Broward voters on the subject initiative. City of Lauderhill Page 22 City Commission Meeting Meeting Minutes - Final August 31, 2020 He asked his fellow Commission members if they objected to his voting yes to having the League’s help to educate the public about the ballot item. He received a Commission consensus to vote yes to have the League help educate the public that the subject initiative the County intended placing on the November ballot was not a good one to support. Vice Mayor Berger wished everyone a happy Labor Day, and for them to have a fun and safe day. Commissioner Bates said it should be emphasized to voters that the County was trying to take away home rule from Broward cities; cities had home rule so they could set their own guidelines. She was totally against the County placing such a question on the ballot, and she hoped to be a part of the education process of Lauderhill voters to ensure they voted against it. She thanked City staff for the great job they continued to do with regard to the City’s dealing with COVID 19, expressing her sincere thanks, gratitude and condolences to Sergeant Pendergrass’s family. She was unable to attend his funeral, as she was in the hospital at the time for non-COVID-related reasons. She wished everyone a good, safe Labor Day weekend. Commissioner Campbell asked if the Broward County meeting was still on for the tenth. City Attorney Hall answered yes. Commissioner Campbell wondered how the City could work on its approach at the County Commission meeting if they could not meet before the tenth. City Attorney Hall indicated the County Commission meeting was October 10, 2020. Commissioner Campbell said, after the last discussion on the Tamarac matter by the Commission and staff, it was important to remember City staff sat in meetings where it was shown that NW 64th Avenue was situated in both Lauderhill and Tamarac. The City should not fool itself that it could just sit by and not speak with anyone in Tamarac; that would be a mistake. He felt this was the moment the City should seek to maximize not just preventing the developer from utilizing NW 64th Avenue, but work on having NW 64th Avenue formally identified as being located in Lauderhill only. During the last hurricane, the City staff experienced significant issues with Tamarac regarding which municipality should clean up NW 64th Avenue, so it was not a new issue between the two cities, and Lauderhill should not sit back and allow Tamarac to dictate any outcome. On another note, he had a good meeting with representatives of Stonebridge I and III, and they advised him to meet with representatives of II and IV separately, which he agreed to do, since they understood the politics and problems at the site better than he. He would, therefore, set up two separate meetings with II and IV; communications appeared to be going well thus far, and he hoped they continued as such. Commissioner Grant thanked Mayor Thurston and her fellow Commissioners for approving the item she placed on the agenda; they looked forward to favorable responses when State Representative Omphroy presented a bill, accordingly, in City of Lauderhill Page 23 City Commission Meeting Meeting Minutes - Final August 31, 2020 Tallahassee. She thanked Mr. Hall for his explanation on what the County was trying to do, and she would be reaching out to her constituents to inform them of the situation, hopefully convincing them to vote no on the ballot question. She thanked City staff for all they continued to do for the City, hoping the Commission could meet in the Commission Chambers at least once prior to the November Elections while Vice Mayor Berger and Commission Bates still served on the Commission. She commended Vice Mayor Berger for his many years of service to Lauderhill, as he was a treasure in the community; his service was greatly appreciated. Seeing Commissioner Bates being honored earlier in the meeting was wonderful, listening to Vice Mayor Berger express appreciation for all Commissioner Bates’s hard work for the City. City Manager Giles-Smith thanked Commissioner Grant, Representative Omphroy and the rest of the City Commission, along with the department chiefs and union presidents for voicing their support for the resolution passed earlier. She specially thanked Sergeant Pendergrass’s family for their support, so families like theirs across the State could receive the benefits they were entitled to. It might be a long fight, so she was glad everyone was in support of the effort. Mayor Thurston echoed thanks to Commissioner Grant for moving to amend the State’s statute on presumption. He thanked Vice Mayor Berger for the programs he pulled together over the years to honor the women in the Lauderhill community; he did such a great job with those events, and he would be missed going into the future. He encouraged everyone to have a good Labor Day holiday, and they should remember to respond to the census, so all Lauderhill residents could be counted. Commissioner Campbell said he would be out in the community working on the census. XIX ADJOURNMENT City of Lauderhill Page 24