City Commission Meeting

City of Lauderhill City Commission Chambers at City Hall 5581 W. Oakland Park Blvd. Lauderhill, FL, 33313 www.lauderhill-fl.gov Meeting Minutes - Final Monday, November 8, 2021 6:00 PM Attend via phone: Dial 1-312-626-6799 & Meeting ID: 923 2127 8679 Attend via Computer: https://www.colvcm.com City Commission Meeting LAUDERHILL CITY COMMISSION Mayor Ken Thurston Vice Mayor Denise D. Grant Commissioner Melissa P. Dunn Commissioner Lawrence Martin Commissioner Sarai Martin Desorae Giles-Smith, City Manager Andrea M. Anderson, City Clerk Earl Hall, City Attorney City Commission Meeting Meeting Minutes - Final November 8, 2021 NOTICE NOTICE IS HEREWITH GIVEN TO ALL INTERESTED PARTIES THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THE FORTHCOMING MEETING OF THE COMMISSION, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS CONDUCTED AT SUCH MEETING, AND FOR SUCH PURPOSE THEY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH ANY APPEAL MAY BE BASED. IF A PARTY WISHES TO MAKE A PRESENTATION, A COPY OF THE ELECTRONIC MEDIA TO BE USED FOR THAT PRESENTATION (DVD, CD, VIDEO, POWER POINT, ETC.) MUST BE PROVIDED TO THE CITY'S MIS DEPARTMENT AT LEAST 48-HOURS PRIOR TO THE COMMISSION MEETING. IT IS THE PARTY'S RESPONSIBILITY TO PROVIDE ALL DATA AND TO ARRANGE FOR THE EQUIPMENT NECESSARY FOR THE PRESENTATION. IN ADDITION, THAT PARTY IS RESPONSIBLE FOR PROVIDING A SUFFICIENT NUMBER OF COPIES OF ANY INFORMATION THAT IS TO BE DISTRIBUTED TO THE CITY COMMISSION. ANY INDIVIDUAL WHO BELIEVES THEY HAVE A DISABILITY WHICH REQUIRES A REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE FULLY AND EFFECTIVELY IN THE MEETING SHOULD CONTACT THE CITY CLERK, ANDREA M. ANDERSON, AT 954-730-3010, AT LEAST 72 HOURS BEFORE THE MEETING. IN ACCORDANCE WITH THE FLORIDA STATUTES, THIS BOARD/COMMITTEE FINDS THAT A PROPER AND LEGITIMATE PURPOSE IS SERVED WHEN MEMBERS OF THE PUBLIC HAVE BEEN GIVEN A REASONABLE OPPORTUNITY TO BE HEARD ON SUBSTANTIVE MATTERS BEFORE THE BOARD/COMMITTEE, WITH A FEW LIMITED EXCEPTIONS AS PROVIDED IN FLORIDA STATUTES, SECTION 286.0114. FOR THIS PURPOSE, MEMBERS OF THE PUBLIC WILL BE ALLOTTED THREE (3) MINUTES EACH FOR COMMENT AT EACH MEETING. ALL LOBBYISTS AS DEFINED IN LAUDERHILL CITY CODE SECTION 2-24 MUST REGISTER WITH THE CITY CLERK CONTEMPORANEOUSLY WITH LOBBYING ACTIVITIES. A COPY OF CODE SECTION 2-24 MAY BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. City of Lauderhill Page 1 City Commission Meeting Meeting Minutes - Final November 8, 2021 After this agenda was published, the following changes were made: I Minutes have been added: A. MINUTES OF THE CITY COMMISSION MEETING FOR OCTOBER 25, 2021. II Proclamations have been added: B. A PROCLAMATION DECLARING NOVEMBER 23, 2021 AS GEORGE J. JOHNSON DAY (REQUESTED BY MAYOR KEN THURSTON). III Presentations have been added: B. A PRESENTATION OF PLANS FOR TARGET MARKET LAUNCH (REQUESTED BY COMMISSIONER MELISSA P. DUNN). C. AN UPDATE ON THE FEDERAL RESERVE SMALL BUSINESS CREDIT SURVEY (REQUESTED BY COMMISSIONER MELISSA P. DUNN). D. LAUDERHILL HEROES AWARD PRESENTATION (REQUESTED BY COMMISSIONER MELISSA P. DUNN). E. A PRESENTATION CONGRATULATING AND WELCOMING NEW POLICE OFFICERS (REQUESTED BY CITY MANAGER DESORAE GILES-SMITH). IV New Business has been added: A. DISCUSSION OF INFRASTRUCTURE BILL (REQUESTED BY VICE MAYOR DENISE D. GRANT). B. DISCUSSION OF SPEED HUMP PETITION FOR 43 TERRACE, BETWEEN NW 12 STREET AND NW 16 STREET (REQUESTED BY VICE MAYOR DENISE D. GRANT). V Resolutions have been added: 14A. RESOLUTION NO. 21R-11-256: A RESOLUTION APPROVING THE AGREEMENT WITH BECKER & POLIAKOFF TO PROVIDE FEDERAL LOBBYIST PROFESSIONAL SERVICES IN WASHINGTON, D.C. FOR THE CITY OF LAUDERHILL; PROVIDING FOR PAYMENT IN THE AMOUNT OF $3,500.00 PER MONTH FOR THESE SERVICES FROM THE APPROPRIATE BUDGET CODE NUMBER; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). 14B. RESOLUTION NO. 21R-11-257: A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING; APPROVING THE CONTRACT WITH CIVICPLUS FOR THE PURCHASE OF THE CIVICREC ONLINE RECREATION MANAGEMENT PLATFORM IN THE TOTAL AMOUNT OF $20,280.40 FOR THE FIRST YEAR BASED UPON THE BIDS SOLICITED BY THE GENERAL SERVICES ADMINISTRATION (GSA) (GS-35F-0124U); PROVIDING FOR PAYMENT FROM THE APPROPRIATE BUDGET CODE NUMBER; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). 14C. RESOLUTION NO. 21R-11-258: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE DONATION IN THE AMOUNT OF UP TO $6,000.00 TO THE BROWARD ESTATES ST. GEORGE CIVIC ASSOCIATION TO PROMOTE THE GENERAL HEALTH, WELFARE AND SAFETY OF THE COMMUNITY PURSUANT TO CITY CODE SECTION 2-2; PROVIDING FOR PAYMENT FROM THE APPROPRIATE BUDGET CODE NUMBER; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY COMMISSIONER SARAI “RAY” MARTIN). City of Lauderhill Page 2 City Commission Meeting Meeting Minutes - Final November 8, 2021 15A. RESOLUTION NO. 21R-11-255: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING HAPPY CHILL SPOT, LLC A SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AN ACCESSORY LIVE ENTERTAINMENT USE TO AN APPROVED RESTAURANT BAR USE ON A 2.29 ± ACRE SITE LEGALLY DESCRIBED AS BOULEVARD SHOPPES NO. 1B LOTS 6 THRU 11 BLK 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 106, PAGE 45 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND MORE COMMONLY KNOWN AS 5240 N.W. 76TH AVE, NORTH UNIVERSITY DRIVE LAUDERHILL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. VI Ordinances have had legislation added: 1. ORDINANCE NO. 21O-11-148: AN ORDINANCE AMENDING THE CITY OF LAUDERHILL CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE IV, CITY COMMISSION, SECTION 2-171, EXPENSE ACCOUNTS; DISTINGUISHING DISCRETIONARY FUNDING; CREATING SECTION 2-172, DISCRETIONARY FUNDING GUIDELINES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY COMMISSIONER SARAI “RAY” MARTIN). VII Resolutions have had backup attachments replaced: 9. RESOLUTION NO. 21R-10-234: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL ESTABLISHING PROCEDURES REGARDING CITY HOSTED SPECIAL EVENTS; APPROVING THE ANNUAL CALENDAR OF CITY HOSTED SPECIAL EVENTS FOR FISCAL YEAR 2022; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). VIII Resolutions have been removed: 10. RESOLUTION NO. 21R-10-241: A RESOLUTION OF THE CITY OF LAUDERHILL, FLORIDA INDICATING THE OFFICIAL INTENT OF THE CITY TO ISSUE TAX-EXEMPT REVENUE BONDS TO FINANCE CERTAIN COSTS OF ACQUIRING ONE OR MORE PARCELS OF REAL PROPERTY WITHIN ITS BOUNDARIES TO ULTIMATELY BE IMPROVED AND OPERATED BY THE CITY FOR PUBLIC PARK AND/OR OTHER RECREATIONAL PURPOSES AND TO USE A PORTION OF THE PROCEEDS OF SUCH BONDS TO REIMBURSE EXPENDITURES PAID OR INCURRED PRIOR TO THE DATE OF ISSUANCE THEREOF; PROVIDING FOR AN EFFECTIVE DATE. The Revised City Commission Meeting Agenda begins on the next page and will reflect all of the changes explained above. City of Lauderhill Page 3 City Commission Meeting Meeting Minutes - Final November 8, 2021 I CALL TO ORDER Mayor Thurston called to order the Regular City Commission Meeting at 6:00 PM. Mayor Thurston explained, though Governor DeSantis suspended certain restrictions, the City remained under a state of emergency due to the COVID 19 pandemic. Due to the challenges of the virus, the City of Lauderhill continued to hold hybrid, virtual governmental meetings to allow the public to participate remotely. The City Commission would have a quorum physically present at its meetings at City Hall, along with staff, following Center for Disease Control (CDC) guidelines for facial coverings, social distancing, and public gatherings. Anyone experiencing issues viewing and/or participating in Commission meetings should contact IT Director Douglas Downs. The City Commission and staff appreciated the public’s patience and cooperation during such difficult and ever-changing times. II ROLL CALL Vice Mayor Grant arrived at 7:02 PM. Present: 5- Commissioner Melissa P. Dunn,Vice Mayor Denise D. Grant,Commissioner Lawrence Martin,Commissioner Sarai Martin, 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 COMMUNICATIONS FROM THE PUBLIC (AND RESPONSES TO THE PUBLIC, IF THE TIME PERMITS DURING THIS PORTION OF THE MEETING OF THE CITY COMMISSION) IV ADJOURNMENT (NO LATER THAN 6:30 PM) I CALL TO ORDER OF REGULAR MEETING II PLEDGE OF ALLEGIANCE TO THE FLAG FOLLOWED BY GOOD AND WELFARE HOUSEKEEPING A motion was made by Mayor K. Thurston, seconded by Commissioner L. Martin, to ACCEPT the Revised Version of the City Commission Meeting Agenda for November 8, 2021. The motion carried by the following vote: Yes: 4- Commissioner M. Dunn, Commissioner L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 Off Dais: 1- Vice Mayor D. Grant City of Lauderhill Page 4 City Commission Meeting Meeting Minutes - Final November 8, 2021 III CONSIDERATION OF CONSENT AGENDA A motion was made by Commissioner L. Martin, seconded by Commissioner S. Martin, that this Consent Agenda was approved. The motion carried by the following vote: Yes: 4- Commissioner M. Dunn, Commissioner L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 Off Dais: 1- Vice Mayor D. Grant IV APPROVAL OF MINUTES A. MINUTES OF THE CITY COMMISSION MEETING FOR OCTOBER 25, 2021. Attachments: October 25, 2021 - City Commission Meeting Minutes These Minutes were approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) V PROCLAMATIONS / COMMENDATIONS A. A PROCLAMATION DECLARING NOVEMBER 27, 2021 AS SMALL BUSINESS SATURDAY (REQUESTED BY MAYOR KEN THURSTON). B. A PROCLAMATION DECLARING NOVEMBER 23, 2021 AS GEORGE J. JOHNSON DAY (REQUESTED BY MAYOR KEN THURSTON). VI SPECIAL PRESENTATIONS VII GENERAL PRESENTATIONS (5 MINUTES MAXIMUM) E. A PRESENTATION CONGRATULATING AND WELCOMING NEW POLICE OFFICERS (REQUESTED BY CITY MANAGER DESORAE GILES-SMITH). A. A PRESENTATION OF A KEY TO THE CITY TO MS. DEE THOMPSON (REQUESTED BY MAYOR KEN THURSTON). B. A PRESENTATION OF PLANS FOR TARGET MARKET LAUNCH (REQUESTED BY COMMISSIONER MELISSA P. DUNN). Attachments: Presentation B (As Referenced Within Minutes) (Raising The BAR) C. AN UPDATE ON THE FEDERAL RESERVE SMALL BUSINESS CREDIT SURVEY (REQUESTED BY COMMISSIONER MELISSA P. DUNN). D. LAUDERHILL HEROES AWARD PRESENTATION (REQUESTED BY City of Lauderhill Page 5 City Commission Meeting Meeting Minutes - Final November 8, 2021 COMMISSIONER MELISSA P. DUNN). VIII ORDINANCES & PUBLIC HEARINGS - FIRST READING (NOT ON CONSENT AGENDA) (AS ADVERTISED IN THE SUN-SENTINEL) 1. ORDINANCE NO. 21O-11-148: AN ORDINANCE AMENDING THE CITY OF LAUDERHILL CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE IV, CITY COMMISSION, SECTION 2-171, EXPENSE ACCOUNTS; DISTINGUISHING DISCRETIONARY FUNDING; CREATING SECTION 2-172, DISCRETIONARY FUNDING GUIDELINES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY COMMISSIONER SARAI “RAY” MARTIN). Attachments: ORD-21O-11-148-Code-2_172 Discretionary funding guidelines.pdf AR 21O-11-148 Commissioner L. Martin remarked it was clearly indicated in the new fiscal year that City Commissioners were given access to more funds to advance initiatives to benefit the Lauderhill community. The proposed ordinance was another step in this direction with the understanding these were different times, and the City needed to identify certain factors, and the Commission had to agree on how certain matters would be conducted. City Attorney Hall stated in the current City code, specifically, section 2-171, where expense accounts were mentioned, the intent was to allow City Commissioners to determine which events they wished to attend, and utilize their expense account in this manner if they chose. However, embedded in the language was the term “discretionary accounts,” and this appeared to imply expense account funds could be used in a discretionary manner, but the expense account under 2-171 was only for public officials to cover costs related to their office account, such as travel expenses and attending events in their official capacity. He noted there was no policy and procedure in the City code that guided the City Commission as to discretionary expenditures, so the proposed ordinance was to add section 2-172, discretionary funding guidelines. During each fiscal year unanticipated activities, events, etc. arose to which individual Commissioners wished to donate funds, and if the subject ordinance passed, when the budget was set each year, the City would allocate funds for the Commission as a group, not to specific members, in a discretionary account for use throughout the budget year to cover such donations as they arose. Mr. Hall stated, thus, when such events came up, a Commissioner would submit an application for funding to the City Manager, and she would review the request, and place it on the Commission agenda for consideration and a vote. Such decisions should not be individualized, as public dollars were being spent, and their expenditure should be made by the City Commission as a whole; the proposed ordinance gave the City Commission and staff a process to follow. Commissioner L. Martin said, in the past, there were organizations and community groups, such as sports leagues, etc. who sent in written requests to individual City Commissioners to help with funding for their programs, and staff would issue a check based on the direction of the Commissioner receiving the request. With the City of Lauderhill Page 6 City Commission Meeting Meeting Minutes - Final November 8, 2021 new procedure proposed in the subject ordinance, before a check was issued, the request had to go before the City Commission for final approval. City Attorney Hall affirmed this to be the case. He shared with the Commission an Attorney General’s Opinion, as it would give them the legal guidance used as the premise of the proposed ordinance. Specifically, the paragraph read: Municipalities, having granted home rule powers to exercise any power for municipal purposes, except when expressly prohibited by law. This power is tempered by the basic proposition that municipal funds may be used only for a municipal purpose. The determination of what constitutes a valid municipal purpose for the expenditure of public funds is a factual determination for the legislative and governing body involved ... Such a determination must be made by the … commission, and cannot be delegated to this Office of the Attorney General. In making this determination, the commission must make appropriate legislative findings. He restated the statute stressed the need for a commission, as a body, to make the legislative determination whether or not the expenditure was appropriate, not an individual member of a commission. Commissioner L. Martin sought clarification this applied to unexpected events that arose during the fiscal year, and the use of the Commission’s individual discretionary funds to support those events. City Attorney Hall clarified the ordinance pertained to the creation of a discretionary fund for use by all members of the Commission, not allocated individually, to cover the cost of unanticipated Lauderhill events individual Commissioners wished to support. Commissioner L. Martin mentioned the City had a Community & Budget Advisory Board where recommendations were made to the City on the needs of the communities they represented. However, the City required other nonprofit groups and organizations to submit written requests to City staff and/or the Commission during the City’s annual budget process for financial support for their initiatives and programs; if funds were awarded, the amount was set in the City’s annual budget. He questioned if the subject ordinance implied requests for financial support from unanticipated events follow the same trend. City Attorney Hall answered no. The proposed ordinance was solely to address unbudgeted events or activities that arose during the course of a normal fiscal year that could not be predicted, as they only revealed themselves as the year progressed. He said, if the ordinance was approved, during the annual budget process the City Commission and finance/budget staff would determine a sum of money that would be placed in one discretionary account, and as unexpected events/items came up, members of the Commission could utilize those funds to make donations. Commissioner L. Martin believed allocating funds to a discretionary account for the Commission meant the discretionary amount allocated to each member of the Commission for their initiatives and events would be reduced accordingly. He referred to item (F) that stated: No nonprofit group, homeowners’ association, or individual shall be eligible to apply to the City or any of its departments to receive funding more than once in any fiscal year. Based on Mr. Hall’s comments, such City of Lauderhill Page 7 City Commission Meeting Meeting Minutes - Final November 8, 2021 organizations or individuals had one chance to submit a request for funds in any one fiscal year. City Attorney Hall affirmed this to be the case, adding the Commission could decide to remove the language from the ordinance if desired. Commissioner L. Martin inquired as to the motivation for the proposed ordinance. City Attorney Hall said the proposed ordinance was to amend the language in the current ordinance, and provide a process for the Commission’s discretionary use of City funds for unexpected events that arose during a fiscal year. Commissioner Dunn stated, in her case, a portion of her individual discretionary funds supported her initiatives, such as Lauderhill Health and Prosperity Partnership (LHPP) and Lauderhill Shines, asking how the subject ordinance would affect them. City Attorney Hall replied Commissioner Dunn’s initiatives were already listed as those to which her individual discretionary funds would be expended. The dollars in the proposed Commission discretionary fund were to be spent to support unanticipated events of outside agencies that might arise throughout the fiscal year. Commissioner Dunn mentioned she allocated $5,000.00 of her individual discretionary funds toward possibly helping non-specified outside organizations providing services that benefited Lauderhill residents, asking if this meant she would lose $5,000.00 to the proposed group discretionary fund. City Attorney Hall indicated Ms. Giles-Smith, Mr. Hobbs and he would discuss how the dollars proposed for the Commission discretionary fund would be sourced. Commissioner Dunn understood the dollars in individual commissioner’s discretionary fund were to fund their initiatives, as well as allow them to contribute to events or initiatives of outside community organizations requesting help. But the language of the proposed ordinance implied members of the Commission would lose access to portions of their individual discretionary fund that would be moved to the proposed group Commission discretionary fund line item. City Attorney Hall explained, in drafting the subject ordinance, the intent was to address members of the Commission making decisions on spending public dollars to help outside agencies, and the need for such actions to be voted on by the Commission as a group prior to them being disbursed. If the language was unclear, his staff and he would change the wording to be clearer. Commissioner Dunn thought since both funds were being labeled discretionary, it was causing some confusion, along with where in the budget the funds would be placed, and the wording of the decision-making process for the use of the funds. City Attorney Hall noted the term “discretionary” was used as part of the last budget cycle, and it was this factor staff wished cleaned up in the code, so in the future that term would not be used for monies that went directly into individual Commission members’ accounts to use as part of their overall budget for their initiatives, etc. City of Lauderhill Page 8 City Commission Meeting Meeting Minutes - Final November 8, 2021 Vice Mayor Grant asked the date of the legal document Mr. Hall read into the record. City Attorney Hall answered 2006. Vice Mayor Grant questioned the thought behind Commissioner S. Martin’s requesting the subject ordinance. Commissioner S. Martin responded the motivation for the proposed ordinance was linked to Commissioner L. Martin’s comment at the previous Commission meeting about individual City Commissioners allocating some of their discretionary funds to homeowners’ associations (HOA) in the past as donations. He sought to give an HOA a donation, and the matter was sent to the City’s legal staff to ensure the donation was appropriate, and this led to the question arising on what made one donation proper and one not. The City Attorney and his staff were asked to determine what were allowable donations, and the legal response resulted in the proposed ordinance. City Attorney Hall reiterated, once he looked at the entire matter, donations to individual organizations should not be made with the discretionary funds allocated to individual commissioners to fund their initiatives, etc., rather, such donations should be awarded via a policy-making decision by the elected body of Lauderhill, not by individual Commissioners. The latter law had been in effect for some time. Vice Mayor Grant said City Commissioners were always able to make donations, individually, to community organizations for programs that benefited Lauderhill residents. She posed an example, asking what would happen if a Commissioner wished to support an organization they believed was doing exceptional work in Lauderhill for some time, but because other members of the Commission were unaware of the organization, they denied the request to make a donation. It seemed a cruel burden on the Commission to be asked to make such a decision, and the proposed ordinance appeared to be taking away some rights of individual Commission members to choose which outside organizations they wished to offer some financial support. She wondered if the Commission was being asked to focus on minor issues, when there were major, larger matters on which their vote was required. City Attorney Hall restated the idea was to correct language in the City’s code that facilitated moving in a direction in which the City should not be going. Making donations to outside organizations was a policy decision of the Commission as a legislative body, and not by individual Commissioners; this was the State law governing such actions, and this needed to be corrected in the City code to be consistent with State law. Commissioner L. Martin remarked there were cities in which each Commissioner represented a particular district, but Lauderhill was not one such city, as all members of the Commission served citywide, and if the City’s legal staff discovered a law or the lack thereof that was inconsistent with State law, they were obligated to amend existing city law to be consistent with State law, even if it meant going in the opposite direction of the local municipality’s regular practice of past years. He was concerned Lauderhill communities would lose out on funding City of Lauderhill Page 9 City Commission Meeting Meeting Minutes - Final November 8, 2021 assistance opportunities in the long run, as some communities, such as the St. George HOA, attended Commission meetings regularly, but there were others that did not. Another concern was it made sense to have as much accountability with regard to spending Lauderhill taxpayers’ dollars, but in placing, for example, $100,000.00 in the proposed account, it then became a chess match for one Commissioner to get sufficient votes to approve their donation to a cause of interest. If he had to request an amendment to the proposed language, it would be to section F where it limited all groups to once per fiscal year; though he preferred to make it unlimited, he felt they should be allowed to make two requests per fiscal year. Mayor Thurston commented the Commission approved, as a part of the budget process, events members of the Commission intended to host in the present fiscal year. City Attorney Hall affirmed it was an item on the present agenda for Commission approval. Mayor Thurston sought clarification the vote on that agenda item would approve the list provided by each member of the Commission as to initiatives and programs they intended using their individual discretionary funds to support. City Attorney Hall answered yes. Commissioner Dunn requested the proposed ordinance be tabled to a workshop for further discussion and clarification. She wished to see clearer language defining discretionary funds versus the City’s budget allocations for individual Commissioners to fund their initiatives; the difference in meaning needed to be very distinct. Additionally, staff could look at language that said only if the donation was above a certain amount would the matter require approval by the whole Commission. City Attorney Hall took no issue with moving the item to a workshop, but he was concerned about having Commissioners deciding individually to whom awards should be made, as State law was very clear on such actions. He would provide case law at the workshop to validate the need to approve the proposed ordinance, restating such decisions were legislative not individual functions regardless of the amount of the donation. Commissioner Dunn asked if distinction could be made in the language accordingly. City Attorney Hall answered yes; language would be added to clarify which was money for Commission programming, versus discretionary monies. Commissioner Dunn did not support the idea of members of the Commission losing the ability to individually decide which programs and initiatives they wished to fund. City Attorney Hall restated that was not the intent of the proposed ordinance. City of Lauderhill Page 10 City Commission Meeting Meeting Minutes - Final November 8, 2021 Commissioner S. Martin supported tabling the item to a workshop. A motion was made by Commissioner M. Dunn, seconded by Commissioner S. Martin, that this Ordinance be tabled to the City Commission Workshop, due back on 11/15/2021. The motion carried by the following vote: Yes: 3- Commissioner M. Dunn, Vice Mayor D. Grant, and Commissioner S. Martin No: 2- Commissioner L. Martin, and Mayor K. Thurston Abstain: 0 Commissioner L. Martin questioned, based on the subject ordinance being tabled, should there be a vote to suspend all such discretionary spending by the Commission until the matter was resolved. City Attorney Hall answered yes. Vice Mayor Grant asked how would donations that were already invoiced be affected. City Attorney Hall said donations already going through the payment process would go through as planned. The hope was to place the subject ordinance on the next Commission workshop to vet the details, so the ordinance could be placed on the agenda of the next regular Commission meeting for a vote. Mayor Thurston commented all elected officials submitted a list of events they wished to do in the upcoming year, and passing the subject ordinance did not affect those programs or the money allocated to fund them. City Attorney Hall affirmed this to be the case. Mayor Thurston said, therefore, all the programs and initiatives each member of the Commission listed, and for which funding was allocated, would still go forward as planned. The proposed ordinance only addressed members of the Commission donating funds to outside organizations as unexpected requests arose throughout the fiscal year, as they sometimes did. 2. ORDINANCE NO. 21O-11-150: AN ORDINANCE AMENDING THE CITY OF LAUDERHILL CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE IV, CITY COMMISSION, SECTION 2-170, PROCLAMATIONS; TO ADD A PROVISION REGARDING KEY TO THE CITY AWARDS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY MAYOR KEN THURSTON). Attachments: ORD-21O-11-150-Code-2-170-Key to the City.pdf AR 21O-11-150 This Ordinance was approved on the Consent Agenda on first reading to the City Commission Meeting, due back on 11/29/2021. (See Consideration of Consent Agenda for vote tally.) City of Lauderhill Page 11 City Commission Meeting Meeting Minutes - Final November 8, 2021 IX ORDINANCES & PUBLIC HEARINGS - SECOND READING (NOT ON CONSENT AGENDA) (AS ADVERTISED IN THE SUN-SENTINEL) 3. ORDINANCE NO. 21O-10-141: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LAUDERHILL, CHAPTER 12, BUSINESS REGULATIONS, ARTICLE I, IN GENERAL, AMENDING SECTION 12-9, CERTIFICATE OF USE AND LOCAL BUSINESS TAX RECEIPT FOR HOME-BASED BUSINESSES TO BE CONSISTENT WITH FLORIDA STATUTES, SECTION 559.955; AMENDING SECTION 12-3 PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER DESORAE GILES-SMITH). Attachments: ORD-21O-10-141-Code 12-9 Home-based business REVISIONS.pdf AR 21O-10-141 HB 403 summary.pdf HB 403 - Home Based Businesses.pdf This Ordinance was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 4. ORDINANCE NO. 21O-10-142: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL AMENDING THE CODE OF ORDINANCES, RELATIVE TO THE 40-YEAR OR OLDER BUILDING SAFETY INSPECTION PROGRAM; AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, CREATING ARTICLE IV 40-YEAR OR OLDER BUILDING SAFETY INSPECTION PROGRAM; CREATING SECTION 6-61, GENERALLY; CREATING SECTION 6-62, PROCEDURE; CREATING SECTION 6-63, PENALTY; CREATING SECTION 6-64, APPEAL; AMENDING CHAPTER 10, GARBAGE AND TRASH/UNSANITARY AND UNSIGHTLY CONDITIONS/ABANDONED REAL PROPERTY; ARTICLE I, IN GENERAL, SECTION 10-15, UNSANITARY AND/OR UNSIGHTLY CONDITIONS ON PRIVATE PROPERTY; HEALTH/SAFTEY VIOLATIONS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD-21O-10-142-Code- 6&10 - 40-Year Building Safety Inspection Program.pdf AR 21O-10-142 Broward County Building Safety Inspection Program.pdf This Ordinance was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 5. ORDINANCE NO. 21O-10-143: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 14, OFFENSES AND City of Lauderhill Page 12 City Commission Meeting Meeting Minutes - Final November 8, 2021 MISCELLANEOUS PROVISIONS, ARTICLE VI, SOLICITORS AND PEDDLERS; DIVISION 1. STREET SOLICITATION; AMENDING SECTION 14-91, FINDINGS AND PURPOSE; AMENDING SECTION 14-92 DEFINITIONS; AMENDING SECTION 14-100 USE OF STREETS; AMENDING SECTION 14-101.1 RIGHT-OF-WAY SOLICITORS, PEDDLERS OR CANVASSERS; AMENDING DIVISION 2. SOLICITATION BY MINORS, SECTION 14-110; TO PROHIBIT AGGRESSIVE BEGGING, PANHANDLING, SOLICITING OR OFFERING FOR SALE ON STREETS, RIGHT-OF-WAYS, MEDIANS OR BIKE PATHS WHICH OBSTRUCT OR PREVENT THE FREE FLOW OF PEDESTRIAN OR VEHICULAR TRAFFIC AND POSE A THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY COMMISSIONER LAWRENCE “JABBOW” MARTIN). Attachments: ORD-21O-10-143-Code-14-91 Street Solicition-Aggressive Soliciting.pdf AR 21O-10-143 This Ordinance was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 6. ORDINANCE NO. 21O-10-144: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 14, OFFENSES AND MISCELLANEOUS PROVISIONS, CREATING ARTICLE VIII, MASS TRANSIT FACILITIES, BUS STOPS; CREATING SECTION 14-125, DEFINITIONS; CREATING SECTION 14-126, DISORDERLY CONDUCT, BREACH OF THE PEACE AT TRANSIT FACILITIES; CREATING SECTION 14-127, PENALTY; TO ADDRESS CONDITIONS AT CITY BUS STOPS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY COMMISSIONER LAWRENCE “JABBOW” MARTIN). Attachments: ORD-21O-10-144 - Code-14-125-Bus Stop Disorderly Conduct_ AR 21O-10-144 Broward County Code-Mass Transit Disorderly.pdf Fla.Stat.877.03-Breach of peace.pdf This Ordinance was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 7. ORDINANCE NO. 21O-10-145: AN ORDINANCE OF THE CITY OF LAUDERHILL, FLORIDA, AMENDING THE CITY OF LAUDERHILL CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE II, OFFICERS & EMPLOYEES, DIVISION 3, RETIREMENT, PART 2, “GENERAL EMPLOYEES PENSION FUND,” SECTION 2-63(h), “RETIREMENT DATES AND BENEFITS”; PROVIDING FOR IN-SERVICE DISTRIBUTIONS CONSISTENT WITH THE INTERNAL REVENUE CODE City of Lauderhill Page 13 City Commission Meeting Meeting Minutes - Final November 8, 2021 IF CERTAIN CONDITIONS ARE SATISFIED; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD-21O-10-145-Code 2-63-In Service Distribution Ordinance.pdf AR 21O-10-145 This Ordinance was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 8. ORDINANCE NO. 21O-10-147: AN ORDINANCE AMENDING THE CITY OF LAUDERHILL CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE IV, CITY COMMISSION, SECTION 2-155, WORKSHOP MEETINGS; LIMITING THE NUMBER OF ITEMS TO BE PLACED ON WORKSHOP MEETINGS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY MAYOR KEN THURSTON). Attachments: ORD-21O-10-147-Code-2_155._Workshop Meetings-Limit on Items.pdf AR 21O-10-147 This Ordinance was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) X RESOLUTIONS (IF NOT ON CONSENT AGENDA) RESOLUTION NO. 21R-10-234 WAS TABLED ON OCTOBER 25, 2021. 9. RESOLUTION NO. 21R-10-234: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL ESTABLISHING PROCEDURES REGARDING CITY HOSTED SPECIAL EVENTS; APPROVING THE ANNUAL CALENDAR OF CITY HOSTED SPECIAL EVENTS FOR FISCAL YEAR 2022; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-10-234-City Hosted Events Procedures & Calendar.pdf AR 21R-10-234 FY 2022 Event List_Comm Dunn_11 04 2021 FY 2022 Event List_Comm L Martin_11 04 2021 FY 2022 Event List_Comm R Martin_11 04 2021 FY 2022 Event List_Mayor_11 04 2021 FY 2022 Event List_VM_11 09 2021 City Attorney Hall indicated he asked the Commission to pull the subject item, so Vice Mayor Grant could enter her latest item on the record, stating the item was titled the Banking Community Program. City of Lauderhill Page 14 City Commission Meeting Meeting Minutes - Final November 8, 2021 Vice Mayor Grant said the program was an initiative the City’s Economic Development Department and she were working on in relation to getting banks to assist the City with monies to help with first-time homebuyers programs, etc. The initiative was put on hold for a short time, so it was overlooked in her list of events and she sought City staff’s input as to the best way to proceed, in light of the work being done by the City’s Community Redevelopment Agency (CRA) and other City staff to date. She asked if she should put the program on her event list, or was it an initiative Mr. Hobbs preferred to put on the City’s list of events. Mr. Hobbs thought the subject program should be included in Vice Mayor Grant’s list, as it was an initiative she began. City staff and she met with the banks numerous times, and one of them provided additional funding for one of the City’s new homebuyers. Mayor Thurston wished to confirm the name of the program being added to the list. Vice Mayor Grant responded the Banking Community Program would suffice for now; the parties involved would decide if the name should change at a later time. Mayor Thurston mentioned he had a program that would launch on November 9, 2021, called Bank On. A motion was made by Commissioner L. Martin, seconded by Commissioner S. Martin, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Vice Mayor D. Grant, Commissioner L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 10. ITEM REMOVED 11. RESOLUTION NO. 21R-11-249: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE RENEWAL OF THE AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE (ESRI) WHICH IS A SOLE SOURCE GGEOGRAPHIC INFORMATION SYSTEMS (GIS) APPLICATION PROVIDER TO CONTINUE TO PROVIDE GIS MAPPING APPLICATION FOR CITYWIDE USE; PROVIDING FOR A THREE (3) YEAR TERM; PROVIDING FOR PAYMENT FROM BUDGET CODE NUMBER 401-911-04620 IN THE AMOUNT OF $55,000 PER YEAR; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-21R-11-249-Sole Source-ESRI GIS.pdf AR 21R-11-249 Esri SGEA Renewal 2021 Lauderhill.pdf ESRI Sole Source.pdf This Resolution was approved on the Consent Agenda. (See Consideration of City of Lauderhill Page 15 City Commission Meeting Meeting Minutes - Final November 8, 2021 Consent Agenda for vote tally.) 12. RESOLUTION NO. 21R-11-250: A RESOLUTION AMENDING AND REPLACING RESOLUTION NO. 21R-01-25 TO REMOVE THE MIDDLE NAME “BURGESS”; CORRECTING THE NAME TO BE REFLECTED ON THE SIGN FOR RENAMING A PORTION OF N.W. 17TH COURT WITH THE SECONDARY STREET NAME OF "JANIE MCCUTCHEON CT." FROM 35TH AVENUE TO N.W. 33TH AVENUE IN HONOR OF HER MEMORY FOR HER CONTRIBUTIONS AND SERVICES TO THE LAUDERHILL COMMUNITY; PROVIDING THAT THE PRIMARY STREET NAME SHALL REMAIN N.W. 17th COURT; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-21R-11-250-AMENDED Street Renaming Secondary Name-McCutcheon-NW 17Ct.pdf AR 21R-11-250 RES 21R-01-25 Rename Portion of NW 17 Court - Janie Burgess McCutcheon Ct This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 13. RESOLUTION NO. 21R-11-251: A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING; APPROVING THE PURCHASE OF A TOTAL OF FIFTY SEVEN (57) VEHICLES FOR USE BY THE POLICE AND FIRE DEPARTMENTS IN THE TOTAL AMOUNT OF $2,110,196.00 BASED UPON THE BIDS SOLICITED BY THE FLORIDA SHERIFF’S ASSOCIATION VEHICLE BID (15-23-0904); PROVIDING FOR THE PURCHASE OF FIFTY FIVE (55) VEHICLES FROM DUVAL FORD IN THE AMOUNT OF $2,035,636.00; PROVIDING FOR THE PURCHASE OF TWO (2) VEHICLES FROM STINGRAY CHEVROLET IN THE AMOUNT OF $74,560.00; PROVIDING FOR THE TOTAL PAYMENT IN AN AMOUNT NOT TO EXCEED $2,110,196.00 FROM THE APPROPRIATE BUDGET CODE NUMBERS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-21R-11-251-PIGGY-57 police & fire vehicles.pdf AR 21R-11-251 ORIGINAL FILE NOTIFICATION LFD BUILDS 06.24.2021.pdf PD VEHICLE BINDER 2021 QUOTES-Duval Ford.pdf FD Staff Vehicle Purchase Stingray Chevrolet.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 14. RESOLUTION NO. 21R-11-252: A RESOLUTION OF THE CITY City of Lauderhill Page 16 City Commission Meeting Meeting Minutes - Final November 8, 2021 COMMISSION OF THE CITY OF LAUDERHILL AWARDING THE BID TO INFOSEND TO PERFORM UTILITY BILLING SERVICES IN ACCORDANCE WITH RFP 2021-035; PROVIDING FOR PAYMENT FROM BUDGET CODE NUMBERS 001-135-03110 AND 001-135-04210; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-21R-11-252-bid-Infosend billing services.pdf AR 21R-11-252 ORIGINAL FILE NOTIFICATION City of Lauderhill, FL due 9.22.21 FINAL This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 14A. RESOLUTION NO. 21R-11-256: A RESOLUTION APPROVING THE AGREEMENT WITH BECKER & POLIAKOFF TO PROVIDE FEDERAL LOBBYIST PROFESSIONAL SERVICES IN WASHINGTON, D.C. FOR THE CITY OF LAUDERHILL; PROVIDING FOR PAYMENT IN THE AMOUNT OF $3,500.00 PER MONTH FOR THESE SERVICES FROM THE APPROPRIATE BUDGET CODE NUMBER; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-21R-11-256-Award Professional Services-Becker Federal Lobbyist.pdf AR 21R-11-256 Becker Federal Lobbying Proposal - City of Lauderhill.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 14B. RESOLUTION NO. 21R-11-257: A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING; APPROVING THE CONTRACT WITH CIVICPLUS FOR THE PURCHASE OF THE CIVICREC ONLINE RECREATION MANAGEMENT PLATFORM IN THE TOTAL AMOUNT OF $20,280.40 FOR THE FIRST YEAR BASED UPON THE BIDS SOLICITED BY THE GENERAL SERVICES ADMINISTRATION (GSA) (GS-35F-0124U); PROVIDING FOR PAYMENT FROM THE APPROPRIATE BUDGET CODE NUMBER; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-21R-11-257-PIGGY-CivicRec online platform-GSA.pdf AR 21R-11-257 CivicRec - Schedule of Work - Quote #Q-20338-1 - 10-23-21.pdf GSA Contract - CivicRec.pdf City of Lauderhill Page 17 City Commission Meeting Meeting Minutes - Final November 8, 2021 This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 14C. RESOLUTION NO. 21R-11-258: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE DONATION IN THE AMOUNT OF UP TO $6,000.00 TO THE BROWARD ESTATES ST. GEORGE CIVIC ASSOCIATION TO PROMOTE THE GENERAL HEALTH, WELFARE AND SAFETY OF THE COMMUNITY PURSUANT TO CITY CODE SECTION 2-2; PROVIDING FOR PAYMENT FROM THE APPROPRIATE BUDGET CODE NUMBER; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY COMMISSIONER SARAI “RAY” MARTIN). Attachments: RES-21R-11-258-Donation-St.George HOA.pdf AR 21R-11-258 ORD NO. 460.pdf BESG_Golf Cart Request_102221.pdf Commissioner Dunn sought clarification on what the $6,000.00 was for specifically, mentioning the Asset-Based Community Development (ABCD) process taking place with St. George, as well with the census tract through Children’s Services Council, along with an allocation of $10,000.00 through working with the Council and LHPP to fund health and welfare in that community; a Health and Resource Fair was planned for January 2022 in that community. Commissioner S. Martin stated the St. George/Broward Estates HOA held numerous community meetings, where residents communicated to their representative on the City’s Community and Budget Advisory Board (CBAB) the need for a golf cart for use by senior residents. At the last meeting they took a vote, and when he sought to help them using his discretionary funds, City Attorney Hall explained such expenditures were being handled incorrectly, as they needed a vote of the whole City Commission, so he placed the matter on the agenda for Commission consideration. He noted the HOA provided him with backup documents that included their 501(c)(3) certification, an invoice verifying the cost of the golf cart they wished to purchase, as well as a request letter, copies of which were sent to the City Clerk’s Office and his office. Commissioner L. Martin wondered if the use of discretionary funds was legal in light of the recent discussion. City Attorney Hall clarified the voting on the matter by the Commission as a group was in line with State law, so the expenditure, if approved, was appropriate. Commissioner S. Martin remarked the funds for the HOA would come from his individual discretionary funds already allocated in the current budget. City Attorney Hall answered yes. Commissioner L. Martin asked if there remained a mechanism in the City code that could circumvent the proposed ordinance under agenda item one, if it passed. City of Lauderhill Page 18 City Commission Meeting Meeting Minutes - Final November 8, 2021 City Attorney Hall said the ordinance Commissioner S. Martin was going by was written in 1976 to allow such transactions going forward. Commissioner L. Martin asked if the proposed ordinance were approved by the Commission, would it trump the 1976 ordinance . City Attorney Hall stated, at some point, the Commission should repeal the older law, and rely only on the newly enacted policy, as it allowed a procedure that was fairer to all members of the Commission. Commissioner S. Martin thought the intent of going this route to approve his request mimicked the procedure Mr. Hall recommended the City Commission used for such outside requests for funds sent to individual Commissioners. City Attorney Hall affirmed it was; the law required the Commission to discuss the requests as a body and vote as a body to approve or deny the request. A motion was made by Commissioner M. Dunn, seconded by Commissioner S. Martin, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Vice Mayor D. Grant, Commissioner L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 City Attorney Hall stated Commissioner L. Martin asked if there was a conflict of interest on his voting on item 14C, since he was a resident of St. George. He explained nothing about the community’s HOA purchasing a golf cart would benefit him personally, so he advised Commissioner L. Martin there was no conflict of interest. XI QUASI-JUDICIAL MATTERS (IF NOT ON CONSENT AGENDA) 15. RESOLUTION NO. 21R-11-254: RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING BROWARD COMMUNITY & FAMILY HEALTH CENTERS, INC. A SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, TO ALLOW IN THE COMMUNITY COMMERCIAL (CC) ZONING DISTRICT THE RELOCATION OF AN EXISTING MEDICAL, OFFICE, WITH CONTROLLED SUBSTANCE PROVIDER USE FROM ONE SUITE TO ANOTHER SUITE WITHIN THE LAUDERHILL MALL ON A 27.5 ± ACRE SITE AS LEGALLY DESCRIBED HEREIN, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 51, PAGE 39 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND MORE COMMONLY KNOWN AS 1295 N.W. 40TH AVE, NORTH STATE ROAD 7, LAUDERHILL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. City of Lauderhill Page 19 City Commission Meeting Meeting Minutes - Final November 8, 2021 Attachments: RES-21R-11-254-Special X - Broward Community Health.pdf AR 21R-11-254 DRR 21-SE-012 Broward Commmunity Health (2).pdf A. Application 21-SEU-012 Broward Community Family Health B. 13R-11-248 Central Broward Community Health C. Site location and Floor Plan D. SEU Conditions Affidavit 21-SE-012 (1).pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 15A. RESOLUTION NO. 21R-11-255: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING HAPPY CHILL SPOT, LLC A SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AN ACCESSORY LIVE ENTERTAINMENT USE TO AN APPROVED RESTAURANT BAR USE ON A 2.29 ± ACRE SITE LEGALLY DESCRIBED AS BOULEVARD SHOPPES NO. 1B LOTS 6 THRU 11 BLK 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 106, PAGE 45 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND MORE COMMONLY KNOWN AS 5240 N.W. 76TH AVE, NORTH UNIVERSITY DRIVE LAUDERHILL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Attachments: REVISED RES-21R-11-255-Special X - Happy Chill Spot.pdf AR 21R-11-255 DRR REVISED 21-SE-014 Happy Chill Spot.pdf A. Happy Chill Spot SEU Application B. Inventory of Fixtures and Equipment Executed affadavit, (21-SE-014) Happy Chill Spot, LLC.pdf All persons speaking on the following quasi-judicial matter were collectively sworn. Commissioner Dunn wished to hear from the business owners as to their vision for the subject business, and hear from staff to see whether or not the subject use fit into the City’s overall vision for the corridor. Acting City Planner Molly Howson indicated the owner/applicant was Leroy Appleby, the owner of the recently opened restaurant, Happy Chill Spot at 5240 N University Drive on the east side of the roadway; it was in the former location of The Pastrami Club. Mr. Appleby opened the restaurant recently, and it was a use permitted by right in the general commercial zoning district; the restaurant currently served beer and wine, with the potential of expanding to a full bar. She restated those uses were permitted by right, but Mr. Appleby’s present application was for an accessory use for indoor, live entertainment. Any restaurant owner wishing to add live entertainment required special exception approval, so the Commission could City of Lauderhill Page 20 City Commission Meeting Meeting Minutes - Final November 8, 2021 decide if they saw any special circumstances they wished mitigated prior to approval. She said it was a standard restaurant to which Mr. Appleby wished to add entertainment, such as a DJ, but even a single DJ, under the City code, was considered live entertainment; the only kind of music the code allowed without a special exception was ambient music over a sound system. Staff recommended approval of the proposed special exception application, with some suggested conditions, to which Mr. Appleby expressed his willingness to comply; the conditions helped mitigate any negative impacts a live entertainment use could generate in the surrounding neighborhood. The conditions included that the live entertainment was strictly prohibited for any form of adult or sexually oriented business (SOB) live entertainment; live entertainment could only take place while the restaurant was open and serving food to the public, the idea being the live entertainment was for diners, not after the restaurant closed, turning the establishment into a nightclub. Commissioner L. Martin asked if staff questioned any surrounding businesses for their feedback on allowing live entertainment at Mr. Appleby’s restaurant. Ms. Howson replied there were existing live entertainment uses within that corridor, and notifications of the subject application was sent to the landlords of the surrounding commercial properties not to the businesses. The landlord for the plaza in which Mr. Appleby’s restaurant was located had to provide a letter of support for the subject application to the Planning & Zoning (P&Z) Department, which he did. A motion was made by Commissioner L. Martin, seconded by Commissioner S. Martin, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Vice Mayor D. Grant, Commissioner L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 XII QUASI-JUDICIAL MATTERS, FIRST READING 16. ORDINANCE NO. 21O-11-151: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA ADOPTING THE PROPOSED AMENDMENTS TO THE CITY OF LAUDERHILL COMPREHENSIVE PLAN HOUSING ELEMENT MODIFYING THE GOALS, OBJECTIVES AND POLICIES; APPROVING ITS TRANSMITTAL TO THE APPROPRIATE AGENCIES; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD-21O-11-151-Comp Plan Amendment Housing Element.pdf AR 21O-11-151 DRR-Comp Plan Housing Ordinance -City Commission 10-25-21.pdf Attachment 1- 3 Housing Element Proposed GOPs Sept 2021 (1).pdf This Ordinance was approved on the Consent Agenda on first reading to the City Commission Meeting, due back on 01/31/2022. (See Consideration of Consent City of Lauderhill Page 21 City Commission Meeting Meeting Minutes - Final November 8, 2021 Agenda for vote tally.) 17. ORDINANCE NO. 21O-11-152: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA ADOPTING THE PROPOSED AMENDMENTS TO THE CITY OF LAUDERHILL COMPREHENSIVE PLAN TO ESTABLISH A PROPERTY RIGHTS ELEMENT AS REQUIRED BY, AND IN CONFORMITY WITH, SECTION 163.3177(6), FLORIDA STATUTES (2021); APPROVING ITS TRANSMITTAL TO THE APPROPRIATE AGENCIES; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD-21O-11-152-Comp Plan Amendment Public Rights Element.pdf AR 21O-11-152 DRR-Comp Plan Property Rights Ordinance -CC 10-25-21.pdf Attachment 1-10 Property Rights Proposed GOPs September 2021.pdf This Ordinance was approved on the Consent Agenda on first reading to the City Commission Meeting, due back on 01/31/2022. (See Consideration of Consent Agenda for vote tally.) XIII QUASI-JUDICIAL MATTERS, SECOND READING XIV UNFINISHED BUSINESS XV OLD BUSINESS XVI NEW BUSINESS A. DISCUSSION OF INFRASTRUCTURE BILL (REQUESTED BY VICE MAYOR DENISE D. GRANT). Vice Mayor Grant remarked the subject bill already passed, and a lot of information would be coming out, so she desired input from the City Manager and the City’s new federal lobbyist to provide a better understanding of what the next steps would be, and the amount of funding the City could receive. She suggested placing the matter on a Commission workshop agenda for further discussion, as it involved a considerable sum. City Attorney Hall affirmed it would be placed on the next Commission workshop agenda. B. DISCUSSION OF SPEED HUMP PETITION FOR 43 TERRACE, BETWEEN NW 12 STREET AND NW 16 STREET (REQUESTED BY VICE MAYOR DENISE D. GRANT). Vice Mayor Grant mentioned receiving a text message recently from a very active person in the subject community stating drivers on 43rd Terrace between NW 12th Street and NW 16th Street treated the roadway like a racetrack on a daily basis. They felt it was only a matter of time before one of the speeding cars crashed into a resident’s home, or hit a pedestrian or child riding a bicycle on the sidewalk, so they City of Lauderhill Page 22 City Commission Meeting Meeting Minutes - Final November 8, 2021 were asking the City to install speed humps along those streets to reduce the threat. She immediately sent the request to City staff, and she knew there was a link on the City’s website for managing petitions submitted to the City by residents, including those requesting speed humps. In speaking with City Clerk Anderson, she realized the subject community expressed concerns about speeding previously and requested speed humps at the time, but the City was not provided with the required number of signatures on the petition to warrant installing the speed humps. She asked if there was anything the City could do to assist the community in light of their repeated requesting to install speed humps to reduce incidents of speeding through their neighborhood. City Manager Giles-Smith commented City staff and she could work with the community to see if they were able to get more signatures on their petition, as well as installing rumble strips around the neighborhood that could slow down traffic; this was something the City could do inhouse. Staff would find out if the rumble strips would meet the community’s needs, though it seemed when she read the email it would be easy for them to get sufficient signatures on the petition; she would speak to them again, and update the Commission accordingly. She did not think any signatures were needed to install the rumble strips. Commissioner S. Martin remarked he, too, received the email on the speed hump matter brought forward by Vice Mayor Grant, noting the cars did drive very fast on the abovementioned roadways. It might be difficult for the community to get signatures from 50 percent of the residents, as the way the neighborhood was designed, every house at the end of the road was not technically facing the street; the street faced north to south, and the homes faced north south, with none facing east or west. He noted there was a condominium building in the mix, and he was unsure if those individuals’ doors could be counted on the petition; thus, it was confusing how the 50 percent of residents would be determined. City Attorney Hall said City staff and he would speak to the resident the following day to get a better handle on the situation, so staff could provide proper guidance to the Commission. XVII COMMUNICATIONS FROM PUBLIC OFFICIALS SHALL BEGIN IMMEDIATELY BEFORE ADJOURNMENT Commissioner Dunn urged everyone to go to Lauderhill-fl.gov/heroes to nominate a Lauderhill hero; nominations closed on November 20, 2021. The date for the next Dine in Lauderhill program was scheduled for Thursday, November 18, 2021, at Island Sips, Juice and Salad Bar, one of Lauderhill’s newest restaurant located at 7224 West Oakland Park Boulevard. She knew they had their certificate of use (COU), and the event was more of a soft opening, as the business was not yet open to the public; she was very proud of this business, as they were one the Lauderhill Shines businesses. Further information could be found at Lauderhill-fl.gov/lunchmeetup, and members of the Commission were invited to the opening to support the new business, along with meeting other Lauderhill Shines businesses. Commissioner Dunn stated on Sunday, December 12, 2021, the Lauderhill Shines III graduation would take place with a holiday bazaar theme. She noted there were many great businesses with tangible products, so attendees could do so some Christmas shopping. City of Lauderhill Page 23 City Commission Meeting Meeting Minutes - Final November 8, 2021 Commissioner S. Martin reminded his fellow Commissioners and Lauderhill residents the Woodlands was holding a public hearing on Wednesday, November 10, 2021, at 7:00 p.m., regarding the 13th Floor project, and the City previously adopted two resolutions opposing any development 13th Floor proposed that had vehicular traffic from the proposed development utilizing NW 44th Street or NW 64th Avenue in Lauderhill. One resolution was passed in 2019, and that resolution was renewed in March 2021. He hoped his colleagues would join him at the November 10th public hearing in Tamarac. He invited everyone to the upcoming Veterans Day Ceremony at Veterans Park, where he would partner with the Northwest Lauderhill Association to host the Veterans Day event on Thursday, November 11, 2021, at 4:30 p.m. Commissioner L. Martin echoed Commissioner S. Martin’s comments regarding the 13th Floor matter, stating he was scheduled to speak at the upcoming Tamarac public hearing on behalf of the City; the Lauderhill traffic consultant would attend and speak on the City’s behalf, and he expected Lauderhill residents affected by the development 13th Floor proposed would be there to voice their objections. He commended the City’s CRA and staff for a very well executed event the past Friday, noting the Jazz Under the Stars event was very successful; everyone attending appeared to have had a good time, and he encouraged the Lauderhill community and City staff to support these events. He mentioned the City was visited earlier in the present day by Kenrick Morris, Director of the Fire Services of the Bahamas, along with one of his mechanics; they viewed some of the City’s fire trucks, and the meeting went very well, as Mr. Morris was very impressed with the Fire Chief and his team, and their department as a whole. They were considering doing some exchanges to facilitate staff training opportunities, and they looked forward to having a long relationship with the City of Lauderhill, doing some positive initiatives. Commissioner L. Martin reminded Lauderhill residents of the 55 Plus Fitness program; he knew at the St. George Park about 25 to 30 people signed up, and they were monitoring their walking and turning in the numbers for their steps. His challenge to the St. George/Broward Estates communities was for them to improve their health. The 360 Boss Up was a program for youths 13 to 17 years of age, so anyone who knew youths in that age range should encourage them to reach out to the subject group, as it was an opportunity for them to learn about financial responsibility at an early age. He believed these were the kind of programs local communities needed more of, but it was sometimes hard to get people to take advantage of. It was an awesome opportunity, and when they finished the program, they were able to open a bank account in their name with some start up money; the program was free, and required only an hour a week to participate. He mentioned the upcoming event, Jazzin’ at St. George Park on Saturday, December 4, 2021, 4:00 p.m. to 8:00 p.m. It was a free family event, with awesome entertainment. There would be a grand opening for the St. George Community Center; it was a beautiful building located at the St. George Park in the St. George/Broward Estates community; trailblazers from that community would be honored. Vice Mayor Grant said on Tuesday, November 9, 2021, at Lauderhill 6-12 at 6:30 p.m., there would be an event, their first Cambridge Parent Night for parents and students, and members of the community were invited to attend. She mentioned working with other cities with similar demographics to learn how they took their city from one point to the next to help the City design something its citizens would be proud of. Over the past weekend, she was with the newly elected Mayor of New City of Lauderhill Page 24 City Commission Meeting Meeting Minutes - Final November 8, 2021 York City, Eric Adams, who happened to be a very good friend of hers; Mayor Adams was working on some initiatives she thought could add some value to initiatives in the City. She would be inviting Mayor Adams to have a discussion with the City Manager. City Manager Giles-Smith said the City sent a letter to the City of Tamarac to, again, voice the City of Lauderhill’s opposition to the use of NW 64th Avenue and NW 44th Street by the 13th Floor developers, encouraging the Tamarac City Commission to oppose any use of those streets by 13th Floor. She extended kudos to the great job done at the recent jazz event on NW 38th Avenue, commending CRA and City staff for all their hard work that resulted in a successful event. Mayor Thurston enjoyed the recent jazz event held on NW 38th Avenue; it was well coordinated, and though it rained most of the day, it stopped just when the event was about to start. The rain helped to lower the temperatures, and it ended up being a great affair. He was in the meet and greet with the businesses that began at 5:15 p.m., and there were persons currently operating businesses along 38th Avenue, as well as those who wished to open businesses in that area. The event did a great job encouraging businesses to either remain on 38th or locate a business there, and it could turn out to be a great economic engine for the City. He began his Move with the Mayor program, so anyone wishing to work out in the open air was invited to join him on Mondays and Wednesdays at 8:00 a.m. at the St. George Park, where they would have a trainer leading the group. They had 15 to 20 people at the park at that morning’s exercising. On Thursday night at the Sadkin Center, Daphne would lead an exercise group. Mayor Thurston stated at the end of the day on Friday, the Mayor of Miami-Dade County, Daniella Levine Cava, took away the mask mandate for all Miami-Dade buildings, so at the next Commission workshop, he wished Fire Chief Celetti to provide an update on the City’s status as to COVID 19, and the sentiment regarding the current statistics. Even though Miami-Dade County made that move, Broward County Mayor Steven Geller expressed concern about the statistics coming out of the State of Florida being inaccurate; the positivity rate was, supposedly, decreasing. XVIII ADJOURNMENT - 8:17 PM City of Lauderhill Page 25