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, February 13, 2023 6:00 PM City Commission Chambers City Commission Meeting LAUDERHILL CITY COMMISSION Mayor Ken Thurston Vice Mayor Sarai Martin Commissioner Melissa P. Dunn Commissioner Denise D. Grant Commissioner Lawrence Martin Desorae Giles-Smith, City Manager Andrea M. Anderson, City Clerk Angel Petti Rosenberg, City Attorney City Commission Meeting Meeting Minutes - Final February 13, 2023 I CALL TO ORDER Mayor Thurston called to order the Regular City Commission Meeting at 6:02 PM. II ROLL CALL Present: 5- Commissioner Melissa P. Dunn,Commissioner Denise D. Grant,Commissioner Lawrence Martin,Vice Mayor Sarai Martin, and Mayor Ken Thurston Vice Mayor S. Martin arrived at 6:42 PM. 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 Vice Mayor S. Martin, seconded by Commissioner L. Martin, to ACCEPT the Revised Version of the City Commission Meeting Agenda for February 13, 2023. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Commissioner D. Grant, Commissioner L. Martin, Vice Mayor S. Martin, and Mayor K. Thurston Abstain: 0 III CONSIDERATION OF CONSENT AGENDA A motion was made by Vice Mayor S. Martin, seconded by Commissioner L. Martin, that this Consent Agenda was approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Commissioner D. Grant, Commissioner L. Martin, Vice Mayor S. Martin, and Mayor K. Thurston Abstain: 0 IV APPROVAL OF MINUTES A. MINUTES OF THE CITY COMMISSION MEETING FOR JANUARY 9, 2023. Attachments: January 9, 2023 - City Commission Meeting Minutes These Minutes were approved on the Consent Agenda. (See Consideration of City of Lauderhill Page 1 City Commission Meeting Meeting Minutes - Final February 13, 2023 Consent Agenda for vote tally.) V PROCLAMATIONS / COMMENDATIONS A. A PROCLAMATION DECLARING FEBRUARY 2023 RANDOM ACTS OF KINDNESS MONTH (REQUESTED BY COMMISSIONER MELISSA P. DUNN). B. A PROCLAMATION DECLARING FEBRUARY 20, 2023 LOVE YOUR PET DAY (REQUESTED BY COMMISSIONER MELISSA P. DUNN). C. A PROCLAMATION DECLARING FEBRUARY 2023 AMERICAN HEART MONTH (REQUESTED BY COMMISSIONER LAWRENCE “JABBOW” MARTIN). VI SPECIAL PRESENTATIONS VII GENERAL PRESENTATIONS (5 MINUTES MAXIMUM) A. A PRESENTATION FROM DELVIN ROGERS (REQUESTED BY COMMISSIONER DENISE D. GRANT). Attachments: Presentation A (As Referenced Within Minutes) - C.A.L.M 247 Presentation- 021023 B. ITEM REMOVED C. A PRESENTATION FROM ANIKA DYER ON THE WHOOP CONNECT AFFORDABLE CONNECTIVITY PROGRAM (REQUESTED BY COMMISSIONER LAWRENCE “JABBOW” MARTIN). Attachments: Presentation C (As Referenced Within Minutes) Final Whoop Lauderhill D. A PRESENTATION OF CIVIC REC (REQUESTED BY CITY MANAGER DESORAE GILES-SMITH). Attachments: Presentation D (As Referenced Within Minutes) - CivicRec - Commission Meeting Presentation - 2-13-23 E. A PRESENTATION FROM ADENA WILSON OF LIGHT OF THE WORLD CLINIC (REQUESTED BY COMMISSIONER DENISE D. GRANT). Attachments: Presentation E (As Referenced Within Minutes) VIII ORDINANCES & PUBLIC HEARINGS - FIRST READING (NOT ON CONSENT AGENDA) (AS ADVERTISED IN THE SUN-SENTINEL) 1. ORDINANCE NO: 23O-02-101: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA AMENDING City of Lauderhill Page 2 City Commission Meeting Meeting Minutes - Final February 13, 2023 THE CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE II, OFFICERS AND EMPLOYEES, DIVISION I, GENERALLY, SECTION 2-22, TRAVEL, ENTERTAINMENT AND SUBSISTENCE ALLOWANCE; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD-23O-02-101-Code 2-22-Expenses.pdf AR 23O-02-101 Fla.Stat.166.021.pdf This Ordinance was approved on the Consent Agenda on first reading to the City Commission Meeting, due back on 02/27/2023. (See Consideration of Consent Agenda for vote tally.) IX ORDINANCES & PUBLIC HEARINGS - SECOND READING (NOT ON CONSENT AGENDA) (AS ADVERTISED IN THE SUN-SENTINEL) 2. ORDINANCE NO. 23O-01-100: AN ORDINANCE APPROVING A SUPPLEMENTAL APPROPRIATION IN THE TOTAL AMOUNT OF $21,630,348.00 REFLECTING APPROPRIATE ADJUSTMENTS TO VARIOUS REVENUE AND EXPENDITURE ACCOUNTS FOR 2023 CAPITAL PROJECTS; PROVIDING VARIOUS BUDGET CODE NUMBERS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD-23R-01-100-Budget- Supp Rollover Appropriation FY 23.pdf AR 23O-01-100 Supplemental Budget CIP.pdf This Ordinance was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) X RESOLUTIONS (IF NOT ON CONSENT AGENDA) 3. RESOLUTION NO. 22R-02-37: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPOINTING EVA MCLEOD BY MAYOR KEN THURSTON TO SERVE AS A MEMBER OF THE EDUCATIONAL ADVISORY BOARD FOR THE REMAINDER OF A TERM THAT SHALL EXPIRE CONCURRENT WITH THE COMMISSIONER SEAT OR NOVEMBER 2026, WHICHEVER SHALL OCCUR FIRST; PROVIDING FOR AN EFFECTIVE DATE. Attachments: RES-23R-02-37-Brd-Educational Advisory-McLeod-Mayor Thurston.pdf AR 23R-02-37 Educational Advisory Board List 02-02-2023 McLeod, Eva This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) City of Lauderhill Page 3 City Commission Meeting Meeting Minutes - Final February 13, 2023 4. RESOLUTION NO. 23R-02-38: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL PROVIDING THAT THE CITY COMMISSIONERS PHYSICAL SITTING ARRANGEMENT ON THE DIAS WILL COINCIDE WITH THE ORDER OF THEIR DESIGNATED COMMISSIONER SEAT NUMBERS; PROVIDING THAT THE SEATING ORDER WILL START WITH THE CITY ATTORNEY ON THE FAR LEFT, THEN COMMISSIONER SEAT NUMBERS 1 AND 2, WITH THE MAYOR OR PRESIDING OFFICER TO REMAIN SITTING IN THE MIDDLE, THEN COMMISSIONER SEAT NUMBERS 3 AND 4 AND THEN THE CITY MANAGER ON THE FAR RIGHT; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY COMMISSIONER LAWRENCE “JABBOW” MARTIN). Attachments: RES-23R-02-38-Commissioner Physical Seats.pdf AR 23R-02-38 Vice Mayor S. Martin believed he stepped out of a previous Commission workshop at which the subject matter was discussed, asking Commissioner L. Martin to explain for the benefit of the public and himself what the resolution sought to accomplish. Commissioner L. Martin replied the goal was to simplify the seating arrangement on the dais according the seat numbers each member of the Commission held; with the numerous items coming up for consideration over the next year and a half, it would be simpler to seat members of the Commission sequentially along the dais. He said there was no formal mechanism, neither from the Mayor’s nor the City Clerk’s perspective, or noted in the City’s regulations, as to where on the dais specific Commission seats should be situated. After speaking with staff, he thought it timely to put something in place, so, henceforth, members of the Commission would be recognized by the position of their seat on the dais; that is, starting with seat one going from left to right through to five, with the Mayor seated in the middle of the dais, as noted in the legislation. Commissioner Grant knew when the subject issue first came up, Mayor Thurston made a number of comments in terms of the history behind the current seating of the Commission on the dais. She did not object to the current seating, and thought the subject matter quite silly. Mayor Thurston remarked so much of what the Commission did was based on precedence, and Lauderhill’s previous mayor, Richard Kaplan, thought the mayor should determine the order of the Commission’s seating on the dais. Whenever a new commissioner was elected, then Mayor Kaplan preferred to put the new commissioner either next to the City Attorney, or next to the City Manager, so if the new commissioner had questions, etc., they could quickly consult someone on the dais with experience during meetings. With his being the current mayor, and Ms. Rosenberg the new city attorney, existing practices could be changed at the will of the Commission, and if the present Commission voted to approve the subject item, the new seating detailed in the resolution would take effect. City of Lauderhill Page 4 City Commission Meeting Meeting Minutes - Final February 13, 2023 City Attorney Rosenberg reiterated nothing in the City’s code neither addressed Commission seating on the dais, nor who in the City should make the determination. A motion was made by Commissioner D. Grant, seconded by Commissioner L. Martin, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Commissioner D. Grant, Commissioner L. Martin, Vice Mayor S. Martin, and Mayor K. Thurston Abstain: 0 5. RESOLUTION NO. 23R-02-39: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE APPOINTMENT OF EDNA FRAZIER BY MAYOR KEN THURSTON ON BEHALF OF THE CITY COMMISSION, PURSUANT TO FLORIDA STATUTES CHAPTER 421, TO SERVE AS A MEMBER OF THE CITY OF LAUDERHILL HOUSING AUTHORITY BOARD FOR THE REMAINDER OF A FOUR (4) YEAR TERM EXPIRING NOVEMBER 2026; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY MAYOR KEN THURSTON). Attachments: RES-23R-02-39-BRD-Laud Housing Authority Mayor appt - Frazier.pdf AR 23R-02-39 Housing Authority Commission List 02-02-2023 Frazier, Edna This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 6. RESOLUTION NO. 23R-02-40: A RESOLUTION APPROVING THE 2023 AMENDMENT TO THE "ADDITIONAL" THREE CENT LOCAL OPTION GAS TAX INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF LAUDERHILL FOR MOTOR FUEL PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION OF THREE CENTS OF GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR A RENEWAL FOR THIRTY YEARS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-23R-02-40-INTERLOCAL-GAS 3 CENT ADDITIONAL TAX RESO 2023.pdf AR 23R-02-40 Gas Tax Renewal Memo to Cities 3 Cent 5th Cent.pdf Three-Cent Local Option Gas Tax ILA_Lauderhill.pdf Signature Page-3 cent tax.pdf 3 Cent Admin Update Chart_2023.pdf Commissioner Dunn pulled the subject item to provide clarity for the benefit of the City of Lauderhill Page 5 City Commission Meeting Meeting Minutes - Final February 13, 2023 public, noting the term “gas tax” in the resolution’s language could give residents concern with gas prices being what they currently were, along with the perception of taxes in the City of Lauderhill. She asked Mr. Hobbs for a presentation, including how, historically, the subject funds were used, and the entity responsible for its disbursement. Deputy City Manager/Finance Director Kennie Hobbs explained the gas tax was the tax charged at gas pumps and collected by the State; a percentage of that tax revenue was distributed to local governments and counties throughout the State based on population. The City had the ability to agree to participate, via the subject agreement, so the City of Lauderhill would receive its percentage share of the tax revenue. City Attorney Rosenberg indicated, for the gas tax noted in the subject resolution, the City received 1.967034 percent share of the tax proceeds based on population. Mr. Hobbs said, year to date, beginning October 1, 2022 through the end of January 31, 2023, the City received $448,303.00; for fiscal year 2022 ending September 30, 2022, the City received $1.264 million, and in fiscal year 2021, the City received $1.160 million. This gas tax was paid by everyone in the State of Florida when they purchased gas, and government entities that participated in the tax revenue share agreement had to use the funds for road/street repairs and improvements within their boundaries. He noted the funds could not only be used to cover road/street infrastructure costs, but to offset the salaries of City employees working in those areas, restating the subject gas tax was not a tax levied on Lauderhill’s taxpayers, it was a tax charged to anyone purchasing fuel in Lauderhill. Commissioner Dunn surmised the per gallon charge for gas at the pumps already included the gas tax, and this tax was imposed throughout the State on anyone purchasing gas, not just in Lauderhill, and by the City’s participation, Lauderhill received a share of the tax revenue to offset costs related to road and street infrastructure, etc. Mr. Hobbs answered correct. Commissioner Dunn observed when Lauderhill residents purchased gas outside the City, they were increasing the gas tax revenue going to cities outside Lauderhill. Mayor Thurston opened the discussion to the public. Madeline Noel, Lauderhill resident, asked if the subject resolution meant residents would pay an additional tax. City Attorney Rosenberg answered no; the subject agreement with the State was in effect for many years, and if the City did not renew its participation, Lauderhill would receive no revenue share from the gas tax the State collected. Thus, the renewal entitled the City of Lauderhill to a percentage share in the state’s gas tax revenue. Ms. Noel surmised it was in the City of Lauderhill’s best interest for its residents to purchase gas at service stations located in Lauderhill. City of Lauderhill Page 6 City Commission Meeting Meeting Minutes - Final February 13, 2023 Mr. Hobbs affirmed this to be the case. Ms. Noel said when next she attended a community meeting, she would convey this message to her fellow residents. A motion was made by Commissioner L. Martin, seconded by Commissioner M. Dunn, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Commissioner D. Grant, Commissioner L. Martin, Vice Mayor S. Martin, and Mayor K. Thurston Abstain: 0 7. RESOLUTION NO. 23R-02-41: A RESOLUTION APPROVING THE 2023 AMENDMENT TO THE "TRANSIT" ONE CENT (COMMONLY REFERRED TO AS THE FIFTH CENT) LOCAL OPTION GAS TAX INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF LAUDERHILL FOR MOTOR FUEL PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION OF TRANSIT ONE CENT OF GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR A RENEWAL FOR THIRTY YEARS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: 23R-02-41-INTERLOCAL-GAS 1 CENT TRANSIT 5 CENT TAX RESO 2023.pdf AR 23R-02-41 Gas Tax Renewal Memo to Cities 3 Cent 5th Cent.pdf Fifth Cent (One Cent) Local Option Gas Tax ILA_Lauderhill (1).pdf Signature Page-Transit One Cent (Fifth Cent) 5th Cent Admin Update Chart_2023.pdf City Attorney Rosenberg said, with regard to the subject two renewals, the City was usually required to execute them every year, but the current versions sought approval for a 30-year term, removing the need for the City to do annual renewals. The agreement provided that the City would be sent a notification each year of the modification of the percentage, and how that affected the revenue share distribution. Commissioner L. Martin commented the one thing Lauderhill residents should be aware of was the revenue share percentage was based on the City’s population size determined during the census that took place every ten years; when residents failed to participate in the census, it hurt Lauderhill, as it resulted in the City’s population size being underrepresented. In the 2020 Census, the City’s resident response rate was in the 40 to 50 percent range. City Attorney Rosenberg agreed it was low, and though Lauderhill’s population was shown as 74,887, that was still an understated amount. Commissioner L. Martin surmised another 20,000 to 30,000 residents increased that number. He asked about the study conducted by the University of Florida. City of Lauderhill Page 7 City Commission Meeting Meeting Minutes - Final February 13, 2023 City Attorney Rosenberg responded they did the study based on the 2020 Census results. Thus, when the City had a low census response rate, for the subsequent ten-year duration, the census’s results applied, and the City would receive a percentage based on a lower population count not truly reflective of Lauderhill’s actual population. A motion was made by Commissioner M. Dunn, seconded by Commissioner L. Martin, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Commissioner D. Grant, Commissioner L. Martin, Vice Mayor S. Martin, and Mayor K. Thurston Abstain: 0 8. RESOLUTION NO. 23R-02-42: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE PROPOSAL FROM PREVIOUSLY APPROVED CONSULTANT MILLER LEGG IN AN AMOUNT NOT TO EXCEED $83,380.00 TO PROVIDE DESIGN SERVICES OF A NEW SUBMERSIBLE LIFT STATION (LIFT STATION 5) TO BE LOCATED AT 3759 N.W.16th STREET; PROVIDING FOR PAYMENT FROM BUDGET CODE NUMBER 401-917-06816; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-23R-02-42-Proposal-Miller Legg-Lift Station 5.pdf AR 23R-02-42 21-00109 AS-03 LIFT STATION #5 SUBMERSIBLE DESIGN This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 9. RESOLUTION NO. 23R-02-43: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPOINTING ____________________ BY THE CITY COMMISSION AS A WHOLE TO SERVE AS A MEMBER OF THE PLANNING AND ZONING BOARD FOR THE REMAINDER OF A TERM THAT SHALL EXPIRE NOVEMBER 2024; PROVIDING FOR AN EFFECTIVE DATE. Attachments: RES-23R-02-43-Brd-P&Z - Commission as a Whole.pdf AR 23R-02-43 Planning & Zoning Board List 02-02-2023 Schankweiler, Bob REVISED-RES-23R-02-43-Brd-P&Z - Commission as a Whole.pdf City Attorney Rosenberg indicated Bob Schankweiler was the only applicant. A motion was made by Commissioner L. Martin, seconded by Mayor K. Thurston, that this Resolution be approved. The motion carried by the following vote: City of Lauderhill Page 8 City Commission Meeting Meeting Minutes - Final February 13, 2023 Yes: 4- Commissioner D. Grant, Commissioner L. Martin, Vice Mayor S. Martin, and Mayor K. Thurston Abstain: 0 Off Dais: 1- Commissioner M. Dunn 9A. RESOLUTION NO. 23R-02-44: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR THE USE OF TEMPORARY DEBRIS MANAGEMENT SITES AND OTHER RELATED SERVICES ON AN AS NEEDED BASIS; PROVIDING TERMS AND CONDITIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ILA-Broward County-Debris Mgmt Site AR 23R-02-44 ILA-Temporary Debris Mgmt Sites & Other Related Svcs - rev 2022 Letter to Non-Participating cities 10-26-22 This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 9B. RESOLUTION NO. 23R-02-45: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA, APPROVING THE AMENDMENT TO THE GENERAL ADMINISTRATION TRAVEL AUTHORIZATION AND FUNDING POLICY (GA-23) AND EXPENDITURE AUTHORIZATION FORMS FOR CITY OFFICIALS AND EMPLOYEES; INCORPORATING RECITALS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: REVISED-RES-23R-02-45-Reso-Travel Policy Forms Amendment.pdf AR 23R-02-45 GA-23 Travel Policy - Amendment final draft.pdf TAF1 - Word Document 2023-redlined.pdf Expense Account Affidavit 2023-Final.pdf Fla.Stat.166.021.pdf Commissioner Grant desired a synopsis of the subject resolution for the public’s benefit, stating she knew something was added to the resolution. City Attorney Rosenberg replied the subject resolution dealt with the policy, and the actual authorization forms; agenda item one passed earlier amended the code. They were both being updated to reflect the current per diem that had not been updated for quite some time; the per diem was updated annually by the relevant Internal Revenue Service (IRS) publication; so the resolution was to bring the City current with the IRS amount. She said there used to be a provision that stated if an overnight stay was involved, elected officials had to provide a written report within City of Lauderhill Page 9 City Commission Meeting Meeting Minutes - Final February 13, 2023 30 days, detailing every component of what they did on the trip, outlining specifics, and a failure to submit the requested information within a time certain meant no other reimbursables could be submitted until that report was given. The requirement for such detail seemed unnecessary, and State Statute 166.021 spoke about reimbursements having to be for a public purpose; elected officials had to state expenses were within their official capacity representing their city, and provide a verification statement in that representation. Ms. Rosenberg felt this State statute was sufficient, as long as the elected official certified up front the expense was for public purpose, negating the need for staff to do a lengthy report on the back end. In sum, the City’s requirement for a 30-day report seemed unnecessary, and it was not required by State Statute; forms would be amended to actually reference the provision verifying it was true as to all material facts; that is, the expense was for public purpose. The amended language acknowledged if an elected official made a voluntary, fraudulent statement about an expense being for a public purpose, it would be considered a misdemeanor in the second degree, punishable up to a $500.00 fine, and up to 60 days in jail. She mentioned this applied for all City employees, not just elected officials; the amendment went through the City’s code to ensure all applicable parts were consistent with the relevant Florida Statutes. Ms. Rosenberg noted an additional element was the use of an authorized City credit card, rather than just seeking a reimbursement; thus, rather saying an elected official or employee had to personally pay their expenses, then get reimbursed by the City later, in lieu of a reimbursement, the expense could be charged on a City credit card when it was an authorized expense with all necessary forms filled out. If there was any level of uncertainty as to whether an expense was for a public purpose, elected officials should bring the matter forward at a Commission meeting, so the Commission, as a whole, could determine if the expense met the public purpose requirement, as it was a legislative decision, as determined in an Attorney General (AG) opinion. A motion was made by Commissioner D. Grant, seconded by Mayor K. Thurston, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Commissioner D. Grant, Commissioner L. Martin, Vice Mayor S. Martin, and Mayor K. Thurston Abstain: 0 9C. RESOLUTION NO. 23R-02-46: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE EXPENDITURE OF FEDERAL FORFEITURE FUNDS IN THE TOTAL AMOUNT NOT TO EXCEED $97,000.00; INCLUDING $11,000.00 FOR CRIME SCENE UNIT AND TRAFFIC UNIT CAMERAS; $41,000.00 FOR SPECIALIZED CRIME SCENE MAPPING EQUIPMENT; $7,000.00 FOR A PROCESSING TABLE FOR THE CRIME SCENE UNIT; $13,000.00 TO PURCHASE ADDITIONAL KEY, LICENSING AND TRAINING FOR CELL PHONE ANALYZING EQUIPMENT; AND $25,000.00 FOR OFFICER SAFETY EQUIPMENT FOR THE STREET ENFORCEMENT TEAM (SET); PROVIDING FOR PAYMENT FROM BUDGET CODE NUMBER 110-683-09936; APPROVING THE TRANSFER OF FUNDS TO THE NECESSARY ACCOUNTS; APPROVING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). City of Lauderhill Page 10 City Commission Meeting Meeting Minutes - Final February 13, 2023 Attachments: REVISED-RES-23R-02-46-FFF-expenditure-various equipment REVISED.pdf AR 23R-02-46 Federal Forfeiture Agen 013123 Commissioner Grant remarked, while seated on the dais, she mentioned her concerns about the subject item to the City Manager and had them sufficiently addressed, so she was okay with proceeding on the item. A motion was made by Commissioner D. Grant, seconded by Commissioner L. Martin, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Commissioner D. Grant, Commissioner L. Martin, Vice Mayor S. Martin, and Mayor K. Thurston Abstain: 0 9D. RESOLUTION NO. 23R-02-47: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL ACCEPTING THE PROPOSAL OF PREVIOUSLY APPROVED CONSULTANT, LAKDAS/YOHALEM ENGINEERING, INC. IN AN AMOUNT NOT TO EXCEED $126,572.00 FOR PRE-CONSTRUCTION AND CONSULTING DESIGN SERVICES REGARDING REPAIRS TO THE CITY OWNED VEHICULAR BRIDGES; PROVIDING FOR PAYMENT FROM BUDGET CODE NUMER 450-925-6933; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: REVISED-RES-23R-02-47-Proposal-Lakdas-bridge repair.pdf AR 23R-02-47 Bridge Engineering Design, Pre-construction, and Construction Services (City of Lauderhil - Martin Cala) Bridge Engineering Design, pre-construction, and Construction Services (City of Lauderhil - Martin Cala) (Revised 02-01-23) This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 9E. RESOLUTION NO. 23R-02-48: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE RENEWAL OF THE ANNUAL LICENSE FOR THE ION WAVE TECHNOLOGIES EPROCUREMENT SYSTEM SOFTWARE FOR A FIVE (5) YEAR TERM; PROVIDING FOR THE TOTAL PAYMENT IN AN AMOUNT NOT TO EXCEED $93,680.00 FROM BUDGET CODE NUMBER 001-114-4620; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: renew ion wave license AR 23R-02-48 Ion Wave Agreement City of Lauderhill Page 11 City Commission Meeting Meeting Minutes - Final February 13, 2023 This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 9F. RESOLUTION NO. 23R-02-49: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL AWARDING THE BID TO UNISON APPAREL FOR EMERGENCY RESPONDERS UNIFORMS PURSUANT TO RFP #2023-002; PROVIDING FOR A 3-YEAR CONTRACT WITH TWO AVAILABLE ONE-YEAR OPTIONS TO EXTEND; PROVIDING FOR PAYMENT IN AN AMOUNT NOT TO EXCEED $50,000.00 ON AN AS NEEDED BASIS FROM VARIOUS BUDGET CODE NUMBERS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: bid-uniforms AR 23R-02-49 Fire Rescue and Police Officer Uniforms 10-13-22 (002) IN UNISON PROPOSAL This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 9G. RESOLUTION NO. 23R-02-50: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL AUTHORIZING THE DISPOSAL OF OBSOLETE, DAMAGED, INOPERABLE AND SURPLUS EQUIPMENT FROM THE DEPARTMENT OF ENGINEERING AND ENVIRONMENTAL SERVICES (DEES) IN THE MOST COST EFFECTIVE AND FAVORABLE MANNER PURSUANT TO CITY CODE SECTION 2-143; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: surplus obsolete equipment 2023-DEES AR 23R-02-50 Old Equipment - February 2023 This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 9H. RESOLUTION NO. 23R-02-51: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE ELECTION BY THE EMPLOYEES FOR DANIEL SPEERIN TO SERVE AS A MEMBER OF THE FIREFIGHTERS PENSION BOARD FOR THE REMAINDER OF TWO (2) YEAR TERM TO EXPIRE IN JULY 2023; PROVIDING FOR AN EFFECTIVE DATE. Attachments: BRD-Fire Pension Approve Employee Election 2023 (Corrected) AR 23R-02-51 Firefighters' Pension Board List Election results City of Lauderhill Page 12 City Commission Meeting Meeting Minutes - Final February 13, 2023 This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 9I. RESOLUTION NO. 23R-02-52: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE FIRST AMENDED ANNUAL CALENDAR OF CITY HOSTED SPECIAL EVENTS FOR FISCAL YEAR 2023; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: Calander-City Hosted Events 1st Amended 2023 AR 23R-02-52 RES 22R-10-230 Updated Commissioner Events Updated - Commisioner L Martin Proposed Budget Fiscal Year 2023 Commissioner L. Martin wished staff to explain the reason for the subject resolution, including its long-term goal, and what it was expected to accomplish citywide. Director of Public Relations and Cultural Arts Leslie Johnson thought about a year ago the Commission passed a resolution, whereby, individually, members of the Commission would provide dates, times, and locations on their events calendars. Staff sought to put the subject resolution in place to properly notify the public of upcoming events, and for organizational purposes, as every City department was involved with almost every special event; it was important the dates and times to be entered for all events on the calendar to facilitate proper planning by staff. She said over the last fiscal year, the Commission and staff worked well together, and staff was able to send out a calendar to the public with about 170 events, and if a member of the Commission wished to place an additional event on the calendar, they had to bring the matter to a Commission meeting for approval. In this way, the public was notified of the additional event, and staff could plan appropriately. Commissioner L. Martin observed that was the intent the process, but it was not always followed, admitting a few times he, too, was guilty of not following it. He recalled telling staff they should be very blunt with members of the Commission as to the effect on City staff whenever they did not follow the events procedure put in place. Ms. Johnson thought the intent was outside of unknowns, such as an unplanned visit by a dignitary, an unexpected illness, or something over which neither the Commission nor staff had much control. The resolution was intended for if a member of the Commission wished to host/sponsor an additional event not listed on the calendar to come before the Commission for approval. She reiterated in the first year the resolution took effect, the process ran quite smoothly, but for the present fiscal year, the Commission’s events calendars had numerous TBDs (to be determined), and other broad-based statements about events to which no dates were attached. This led to members of the Commission filling in TBDs at very short notice to City staff, creating staffing issues when trying to coordinate with multiple departments. She mentioned, for example, the calendar might indicate an event would happen every Tuesday of the month, but this was not the case, rather City of Lauderhill Page 13 City Commission Meeting Meeting Minutes - Final February 13, 2023 the event took place any time, and with no set regularity, throwing off the proper staffing of the event, as well as the queuing, allowing one commissioner to jump in front of another commissioner, with staff stopping what they’re doing to accommodate a new event not on the approved list of events. Ms. Johnson stressed the need for members of the Commission to get back on track with the events calendar queue, so staff could work in an orderly and efficient fashion, which she did not believe they were doing at present. Commissioner L. Martin questioned if the City Manager had any recommendation(s) she wished to put on the record requesting members of the Commission properly notify staff about additional events. He commented if events were not properly advertised, they risked being underattended, possibly leading to repeating the event, which was not cost efficient. He pledged to do better, and he met with his aides to draft his calendar with hard dates, which he planned to hold himself to. City Manager Giles-Smith thought setting a deadline would address part of the issue, noting the proper planning of events, depending on the type of event, usually took about 60 days, and what staff tried to do to ensure every event was successful was to plan each one properly, which included planning the marketing for events. She agreed staff needed to be firmer on not having the City holding more than one event per day, as she received complaints from members of the public about multiple events on a single day. Thus, 60 days out was the most appropriate timeframe for staff to comfortably plan an event, and coordinate dates to prevent multiple events on the same day. Ms. Johnson stated, at present, staff was advertising for multiple unplanned events, and the advertising was going out with incomplete information; this meant when the complete information came in, the event had to be readvertised. Advertising entailed multiple facets: social media, street signs, publications, etc.; with a lot going on in the electronic age of marketing, there was a need to plan, then market, not market, plan, and remarket. Commissioner L. Martin mentioned speaking with Mr. Wilkerson the previous day, as many HOAs were starting to do programming, and if the City Commission got their calendars straightened out, it would help the HOAs when they were planning their activities to ensure they did not clash with a city event, which became difficult if they were using an events calendar lacking exact dates; HOAs, too, desired maximum public participation. Commissioner Grant questioned if when a TBD was changed on the Commission’s events calendar to a specific date, did this have to be done by Commission approval. City Attorney Rosenberg stated when a commissioner wished to change a TBD to a specific date for an event, they should put the matter on the Commission’s agenda as a request to amend the events calendar. The goal was to have as few TBDs or ongoing events as possible on the calendar. The resolution was not specific to any one commissioner or event, it was just to fill in the uncertain information. City of Lauderhill Page 14 City Commission Meeting Meeting Minutes - Final February 13, 2023 Commissioner Dunn remarked the backup showed two of her events, informing the Commission and staff they were cancelled; that is, no Fun Day or Pet Care Day; she did not think the Lauderhill Health and Prosperity Partnership (LHPP) monthly meetings needed to be on the events calendar, though she was pleased to see them listed. Mayor Thurston opened the discussion to the public. Samuel Wilkerson, Lauderhill resident, asked if once the Commission’s events calendar was updated with set dates, could it be shared on a spreadsheet with his HOA. City Manager Giles-Smith noted the events calendar was posted on the City’s website. Ms. Johnson affirmed the events calendar was posted on the City’s website, though it tended to change significantly. Staff had no issue with providing Mr. Wilkerson and other HOAs with a finalized events spreadsheet. Mayor Thurston received no further input from the public. Commissioner L. Martin challenged the City Manager and the City Attorney to put some guidelines together for the next Commission workshop to help keep members of the City Commission on track. Establishing a set deadline to submit events requests gave the Commission a defense on which to rely when responding to persons making event sponsorship requests at short notice; delaying such events allowed for better planning. City Manager Giles-Smith said she would direct staff to draft guidelines for the Commission to review at an upcoming workshop. A motion was made by Commissioner L. Martin, seconded by Commissioner D. Grant, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Commissioner D. Grant, Commissioner L. Martin, Vice Mayor S. Martin, and Mayor K. Thurston Abstain: 0 9J. RESOLUTION NO. 23R-02-53: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE WAIVER OF COMPETITIVE BIDDING; APPROVING THE AWARD OF BID TO MUSCO SPORTS LIGHTING, LLC. BASED UPON RFP #18/19-2 BY CLAY COUNTY FOR THE PURCHASE AND INSTALLATION OF SPORTS LIGHTING AT JOHN E. MULLIN PARK IN AN AMOUNT NOT TO EXCEED $538,040.00; PROVIDING FOR PAYMENT FROM VARIOUS BUDGET CODE NUMBERS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). City of Lauderhill Page 15 City Commission Meeting Meeting Minutes - Final February 13, 2023 Attachments: PIGGY-Clay County-Musco Sports Lighting AR 23R-02-53 Musco Sports Lighting - John Mullin Park Quotation R1.pdf CLAY COUNTY RFP 1st Renewal Backup piggyback PROOF OF EXTENSION Commissioner Grant sought information on exactly where events would be located, and a description of the sports lighting. Parks & Recreation Director Scott Newton explained all City parks had Musco lighting, so piggybacking on the subject contract would allow the City to standardize that lighting, and provide Musco lighting at John Mullin Park; currently, the John Mullin Park had no working sports lighting, and they had 12 poles going around the multiuse field. There would be four poles around the basketball courts in the center of the park, and then at the southside, where there were tennis and basketball courts, two poles would be installed. He noted Musco lighting was considered the leading technology in sports lighting, having glare reduction, and better visibility, making it superior to other lighting, and Parks had a control link product, enabling staff to turn on the lights from their mobile phone, along with other excellent features they could access remotely. A motion was made by Commissioner M. Dunn, seconded by Commissioner L. Martin, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Commissioner D. Grant, Commissioner L. Martin, Vice Mayor S. Martin, and Mayor K. Thurston Abstain: 0 XI QUASI-JUDICIAL MATTERS (IF NOT ON CONSENT AGENDA) 10. RESOLUTION NO. 23R-01-32: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING BELLA MED SPA A SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AN OFFICE, MEDICAL, WITH CONTROLLED SUBSTANCE PROVIDER USE IN A 700 SQUARE FEET UNIT ON A ± 85,423 SQUARE FEET SITE LEGALLY DESCRIBED AS TRACT C OF CITY OF LAUDERHILL SEC 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 81, PAGE 4 OF THE PUBLIC RECORDS OF BROWARD COUNTY, MORE COMMONLY KNOWN AS ATRIUM 4930-4974 N. PINE ISLAND ROAD (N.W. 88 AVENUE) LAUDERHILL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. City of Lauderhill Page 16 City Commission Meeting Meeting Minutes - Final February 13, 2023 Attachments: RES-23R-01-32-Special X - Bella Med Spa.pdf AR 23R-01-32 Bella Med Spa DRR.pdf BELLAMED AFFIDAVIT This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) XII QUASI-JUDICIAL MATTERS, FIRST READING XIII QUASI-JUDICIAL MATTERS, SECOND READING XIV UNFINISHED BUSINESS XV OLD BUSINESS XVI NEW BUSINESS A. VOTE BY MAIL REQUESTS (REQUESTED BY COMMISSIONER DENISE D. GRANT). Attachments: SOE PRESS RELEASE- All VBM Requests submitted prior to the Nov 2022 General Election expired and must be renewed- ENG City Clerk Anderson noted that all residents had to register to vote in the next election cycle. Commissioner Grant thought many people did not know this, so she sought input from her fellow Commissioners on how best to get that information out to the residents. Mayor Thurston thought individual members of the Commission could utilize their social media platforms to post about voting rows being purged in terms of mail-in ballots, so anyone wishing to vote by mail needed to register in order to receive a mail-in ballot; he thought the purging took place every two years. He suggested, other than on social media, the information should be posted on the City’s website. Vice Mayor S. Martin was unsure if the item was more for the City Manager, and the Marketing Department staff; the City could budget for additional advertising or a campaign, possibly posting signs around the community. Commissioner L. Martin suggested staff contact the Supervisor of Elections to find out what programs they had in place to aid cities to get voting information out to their constituents; Broward County did well with updating voters on changes, and it was important for the City not to waste its resources duplicating the County’s efforts. City Clerk Anderson stated the Supervisor of Elections had links on their website the City could link to, and a flyer could be added to the City’s Lauderhill Spotlight City of Lauderhill Page 17 City Commission Meeting Meeting Minutes - Final February 13, 2023 newsletter, which was sent to all addresses in Lauderhill. B. DISCUSSION OF CANCELLATION OR RESCHEDULING OF MARCH 27, 2023 CITY COMMISSION AND COMMUNITY REDEVELOPMENT AGENGY (CRA) MEETINGS. Commissioner L. Martin wondered if it was a major change to remove one meeting from the Commission’s monthly meeting calendar. City Attorney Rosenberg said the City was required to hold one meeting a month. City Manager Giles-Smith pointed out the City Commission cancelled meetings in the past. A motion was made by Commissioner L. Martin, seconded by Commissioner M. Dunn, to approve the cancellation of the City Commission and Community Redevelopment Agency (CRA) meetings for March 27, 2023. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Commissioner D. Grant, Commissioner L. Martin, Vice Mayor S. Martin, and Mayor K. Thurston Abstain: 0 XVII COMMUNICATIONS FROM PUBLIC OFFICIALS SHALL BEGIN IMMEDIATELY BEFORE ADJOURNMENT City Attorney Rosenberg wished everyone a Happy Valentine’s Day. Vice Mayor S. Martin reminded everyone the Marjorie Stoneman Douglas Memorial would be held on February 14, so children were getting out of school early, asking everyone to keep the families who lost loved ones in their hearts and prayers. On the coming Wednesday at 6:00 p.m., he would conduct a condominium association forum, where they would discuss the new senate bill requiring reserves studies be conducted, along with 40-year inspections; they would have subject matter experts present, such as property managers, to explain what it meant for condominium owners. Commissioner L. Martin stated he had brunch with former City Commissioner Howard Berger, who was now living his best life in Parkland; Mr. Berger sent hello to everyone. He mentioned meeting with the Bahamian Consul General; in July 2023, the Bahamas would celebrate 50 years of independence, and he hoped to collaborate with them on some initiatives on the City’s behalf. The Lauderhill Young Professional Advisory Board was out in the community conducting useful initiatives, and anyone needing a good resume could attend a forum they were heading on February 25, 2023, 10:00 a.m. to 12:00 p.m. at the St. George Community Center. Registration was free, and interested persons could call the City to register; the forum was for persons of all ages. He noted anyone not present for the MLK concert at the Lauderhill Performing Arts Center (LPAC) missed a treat; the MLK team did an excellent job putting on a great show, and everyone attending had a good time; about 500 to 700 people attended, noting the COVID team was present doing outreach. City Manager Giles-Smith wished everyone Happy Valentine’s Day. She thanked City of Lauderhill Page 18 City Commission Meeting Meeting Minutes - Final February 13, 2023 the MLK team for putting on a great program; she added they were able to administer seven COVID vaccines at the event. Staff and she looked forward to putting on more successful events in the new year. Mayor Thurston said he served as the Commission’s representative on the Affordable Housing Advisory Committee (AHAC), as the State of Florida changed the law in 2020, requiring one elected official serve on the AHAC. Another requirement was for the elected official to attend two meetings of other elected officials per year; and the AHAC met as needed, which was about every other month. What he learned at the regional meeting with elected officials was if an elected official missed three meetings, the City’s State Housing Initiatives Partnership (SHIP) program dollars could be taken away. He intended to attend all the meetings, but, going forward, any Lauderhill elected official serving on the AHAC needed to understand the importance of attending the meetings. He noted at the corner of NW 50th Street and N University Drive, an erroneous sign stood for years, and he needed to find out how long could such a sign be allowed to stand with a lie about Lauderhill having the highest taxes in the County; the sign served only to create problems and ill will. He asked City Attorney Rosenberg to research the matter, including if the City could legally challenge the owner of the sign for publishing a falsehood, and bring back her findings at a future Commission meeting. City Attorney Rosenberg affirmed she would research the matter accordingly. XVIII ADJOURNMENT City of Lauderhill Page 19