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 12, 2024 6:00 PM City Commission Chambers City Commission Meeting LAUDERHILL CITY COMMISSION Mayor Ken Thurston Vice Mayor Lawrence Martin Commissioner Melissa P. Dunn Commissioner Denise D. Grant Commissioner Sarai Martin Desorae Giles-Smith, City Manager Andrea M. Anderson, City Clerk Angel Petti Rosenberg, City Attorney City Commission Meeting Meeting Minutes - Final February 12, 2024 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,Vice Mayor Lawrence Martin,Commissioner Sarai Martin, and Mayor Ken Thurston ALSO PRESENT: Desorae Giles-Smith, City Manager Angel Petti Rosenberg, 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 Vice Mayor L. Martin, seconded by Commissioner M. Dunn, to ACCEPT the Revised Version of the City Commission Meeting Agenda for February 12, 2024. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Commissioner D. Grant, Vice Mayor L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 III CONSIDERATION OF CONSENT AGENDA A motion was made by Vice Mayor L. Martin, seconded by Commissioner M. Dunn, that this Consent Agenda was approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Commissioner D. Grant, Vice Mayor L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 IV APPROVAL OF MINUTES City of Lauderhill Page 1 City Commission Meeting Meeting Minutes - Final February 12, 2024 V PROCLAMATIONS / COMMENDATIONS A. A PROCLAMATION DECLARING FEBRUARY 2024 AS NATIONAL TEEN DATING VIOLENCE AWARENESS MONTH (REQUESTED BY COMMISSIONER MELISSA P. DUNN). VI SPECIAL PRESENTATIONS (10 MINUTES MAXIMUM) A. A PRESENTATION RECOGNIZING 2024 MLK SCHOLARSHIP RECIPIENTS (REQUESTED BY CITY MANAGER DESORAE GILES-SMITH). Attachments: Special Presentation A (As Referenced Within Minutes) B. A PRESENTATION FROM COUNTY COMMISSIONER HAZELLE ROGERS ON THE "MAYOR AND COMMISSIONERS FOR A DAY" PROGRAM (REQUESTED BY CITY MANAGER DESORAE GILES-SMITH). C. ITEM REMOVED D. A PRESENTATION FOR AMERICAN HEART HEALTH MONTH (REQUESTED BY COMMISSIONER DENISE D. GRANT). Attachments: Special Presentation D - Heart Sistas 2024 (As Referenced Within Minutes) VII GENERAL PRESENTATIONS (5 MINUTES MAXIMUM) A. ITEM REMOVED B. A PRESENTATION OF THE FEBRUARY 2024 HOME OF THE MONTH (REQUESTED BY COMMISSIONER SARAI "RAY" MARTIN). Attachments: Presentation B - HOTM - Februrary Winner (As Referenced Within Minutes) VIII ORDINANCES & PUBLIC HEARINGS - FIRST READING (NOT ON CONSENT AGENDA) (AS ADVERTISED IN THE SUN-SENTINEL) 1. ORDINANCE NO. 24O-02-105: AN ORDINANCE AMENDING THE CITY OF LAUDERHILL CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE IV, CITY COMMISSION, SECTION 2-159, ORDER OF BUSINESS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY VICE MAYOR, LAWRENCE “JABBOW” MARTIN). City of Lauderhill Page 2 City Commission Meeting Meeting Minutes - Final February 12, 2024 Attachments: ORD-24O-02-105-Code-2-159-Order of Business on Agenda.pdf AR 24O-02-105 This Ordinance was approved on the Consent Agenda on first reading to the City Commission Meeting, due back on 02/26/2024. (See Consideration of Consent Agenda for vote tally.) 2. ORDINANCE NO. 24O-02-106: AN ORDINANCE AMENDING THE CITY OF LAUDERHILL CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE IV, CITY COMMISSION, SECTION 2-166, CODE OF ETHICS/CODE OF CONDUCT FOR CITY PUBLIC OFFICERS AND CHARTER OFFICERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD-24O-02-106-Code-2-166-Code of Conduct Public Officers.pdf AR 24O-02-106 Vice Mayor L. Martin asked staff to review the highlights of the proposed ordinance, and what it sought to accomplish. City Attorney Rosenberg reviewed the proposed ordinance, as detailed in the backup, highlighting the following: • In the City’s need to respond to some recent events, it was revealed that the City had no code of ethics/conduct for elected officials and other chartered officers • The subject ordinance sought to amend the City’s code provision to provide for a code of conduct/ethics that would apply to all public officers • The statutory definition of a public officer included elected /appointed city officials, persons elected/appointed to serve on municipal boards, and chartered officers designated in the City’s Charter, including the city attorney, city manager, and city clerk • The proposed provisions provided guidelines on how affected persons should work, carry themselves, interact with city staff, and other public officers; the amended language included enforcement and penalty provisions, as none were in place • Enforcement penalties varied as the process progressed, depending on who and what was involved, such as: doing an independent investigation of the individual, whether it was an elected official, board appointee, or chartered officer; the penalties available were detailed in increasing severity: an oral reprimand delivered in a private meeting; a written reprimand delivered in a private meeting; public censure via resolution voted on at a public meeting; public reprimand issued in a newspaper if the stated language in section 3.07 applied, but it would require a unanimous vote for that public reprimand; refer the matter to the Florida Governor for action, or refer to the Florida Commission on Ethics, Office of the Inspector General, or any other agency deemed appropriate, depending on the nature of the violation; lastly, any other lawful penalty deemed reasonable and appropriate; the enforcement of a penalty depended on if a violation was found. City of Lauderhill Page 3 City Commission Meeting Meeting Minutes - Final February 12, 2024 Vice Mayor L. Martin wished to impress upon the public that such matters were not taken lightly by the City, and he understood that before resorting to such actions, everything was done internally to address any situation that arose . Thus, it would not be a kneejerk reaction; in dealing with matters concerning City staff, and among the elected officials, there was the utmost need for the highest respect; people could agree to disagree, but must stay respectful to each other. A motion was made by Vice Mayor L. Martin, seconded by Commissioner M. Dunn, that this Ordinance be approved on first reading to the City Commission Meeting, due back on 2/26/2024. The motion carried by the following vote: Yes: 4- Commissioner M. Dunn, Vice Mayor L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 Off Dais: 1- Commissioner D. Grant 3. ORDINANCE NO. 24O-02-107: AN ORDINANCE AMENDING THE CITY OF LAUDERHILL CODE OF ORDINANCES, CHAPTER 8, ELECTIONS, SECTION 8-10, CODE OF ETHICS FOR CANDIDATES FOR PUBLIC OFFICE; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD-24R-02-107-Code 8-10-Code of Ethics for Candidates.pdf AR 24O-02-107 City Attorney Angel Rosenberg reviewed the subject ordinance, as detailed in the backup, highlighting the following: • When staff was drafting the City’s Code of Ethics ordinance for public officers, and chartered officers, there was already on the books a code of ethics for candidates running for public office in the City, but it had no enforcement penalties if a violation occurred • The only language proposed for addition to the existing code was to provide penalties if a candidate violated any of the existing provisions; that is, it could result in a fine of up to $500.00 per violation per day, and/or a referral to the Florida Elections Commission if deemed appropriate for further investigation and action, as this was the entity that governed election candidates. A motion was made by Vice Mayor L. Martin, seconded by Commissioner D. Grant, that this Ordinance be approved on first reading to the City Commission Meeting, due back on 2/26/2024. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Commissioner D. Grant, Vice Mayor L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 4. ORDINANCE NO. 24O-02-108: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE City of Lauderhill Page 4 City Commission Meeting Meeting Minutes - Final February 12, 2024 COMMERCIAL CONTRACT AMONGST THE CITY OF LAUDERHILL, THE LAUDERHILL COMMUNITY REDEVELOPMENT AGENCY, AND TOBOLSKI, LLC. FOR THE PROPOSED PURCHASE OF THE COMMERCIAL REAL ESTATE LOCATED AT 1451 N.W. 31ST AVENUE, LAUDERHILL, FLORIDA INCLUDING THE EQUIPMENT AND FIXTURES IN THE AMOUNT OF $2,150,000.00 PLUS THE SELLER’S CLOSING COSTS CONTINGENT UPON THE RESULTS OF THE DUE DILIGENCE AND ENVIRONMENTAL STUDY; AUTHORIZING THE CITY MANAGER, CRA EXECUTIVE DIRECTOR, AND CITY ATTORNEY TO NEGOTIATE ANY MODIFICATIONS DEEMED NECESSARY DEPENDING UPON THE RESULTS OF THE DUE DILIGENCE AND ENVIRONMENTAL STUDY FINDINGS; PROVIDING THAT THE CITY MANAGER AND CRA EXECUTIVE DIRECTOR ARE AUTHORIZED TO EXECUTE ANY DOCUMENTS NECESSARY TO GIVE EFFECT TO THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD-24R-02-108-CC-ORD-Commercial Contract-Tobolski.pdf AR 24O-02-108 Commerical Contract-=Tobolski.pdf EXHIBIT A (Legal Description).pdf LOI for Tobolski (2).pdf City Attorney Rosenberg clarified this was the same item voted on in the CRA meeting held just prior to the present meeting, at which the CRA director gave a PowerPoint presentation. A motion was made by Vice Mayor L. Martin, seconded by Commissioner M. Dunn, that this Ordinance be approved on first reading to the City Commission Meeting, due back on 2/26/2024. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Commissioner D. Grant, Vice Mayor L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 IX ORDINANCES & PUBLIC HEARINGS - SECOND READING (NOT ON CONSENT AGENDA) (AS ADVERTISED IN THE SUN-SENTINEL) 5. ORDINANCE NO. 24O-01-101: AN ORDINANCE AMENDING THE CITY OF LAUDERHILL CODE OF ORDINANCES, APPENDIX G, FRANCHISES, ARTICLE III, GARBAGE, REFUSE AND TRASH, EXHIBIT “A” AMENDING THE RATE SCHEDULE OF FEES THAT WENT INTO EFFECT BY THE SERVICE PROVIDER ON OCTOBER 1, 2023; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD-24O-01-101-CODE-ARTICLE_III. GARBAGE RATES 10-1-23.pdf AR 24O-01-101 City of Lauderhill Page 5 City Commission Meeting Meeting Minutes - Final February 12, 2024 This Ordinance was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 6. ORDINANCE NO. 24O-01-102: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL AMENDING THE CODE OF ORDINANCES, CHAPTER 10, GARBAGE AND TRASH/UNSANITARY AND UNSIGHTLY CONDITIONS/ABANDONED REAL PROPERTY; ARTICLE II, RECYCLABLE WASTE, SECTION 10-22, FEES TO UPDATE THE FEE SCHEDULE WITH RATES EFFECTIVE AS OF OCTOBER 1, 2023; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD-24O-01-102-Code-10-22-Recycling Fees 10-1-23.pdf AR 24O-01-102 This Ordinance was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 7. ORDINANCE NO. 24O-01-103: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE TRANSFER OF LAND AND PERSONAL PROPERTY LOCATED AT 1249-1281 N.W. 31ST AVENUE, MORE COMMONLY KNOWN AS THE WYNGATE PLAZA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED WARRANTY DEED AND BILL OF SALE TO BE TRANSFERRED FROM THE CITY OF LAUDERHILL (CITY) TO THE LAUDERHILL COMMUNITY REDEVELOPMENT AGENCY (CRA); APPROVING THE WARRANTY DEED AND THE BILL OF SALE REGARDING THE TRANSFER; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER DESORAE GILES-SMITH). Attachments: ORD-24O-01-103-CRA land transfer ordinance.pdf AR 24O-01-103 Deed Warranty CITY to CRA -Wyngate Plaza.pdf Bill of Sale CRA-Wyngate.pdf This Ordinance was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 8. ORDINANCE NO. 24O-01-104: AN ORDINANCE APPROVING A CAPITAL BUDGET ADJUSTMENT IN THE AMOUNT OF $1,707,216.00 AND A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $5,945,613.00; REFLECTING APPROPRIATE ADJUSTMENTS TO VARIOUS REVENUE AND EXPENDITURE ACCOUNTS AS SPECIFICALLY INDICATED IN THE BREAKDOWN IN THE TOTAL AMOUNT OF $7,652,829.00; PROVIDING VARIOUS BUDGET CODE NUMBERS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). City of Lauderhill Page 6 City Commission Meeting Meeting Minutes - Final February 12, 2024 Attachments: ORD-24O-01-104-Budget-Supplemental & Capital Appropriation.pdf AR 24O-01-104 Copy of Supplemental FY 2024 Period 4.pdf This Ordinance was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) X RESOLUTIONS (IF NOT ON CONSENT AGENDA) 9. RESOLUTION NO. 24R-02-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE SECOND AMENDMENT TO THE AMNESTY LIEN REDUCTION PROGRAM TO PROVIDE RESIDENTIAL AND COMMERCIAL PROPERTY OWNERS WITH AN ALTERNATIVE FOR SIGNIFICANT LIEN REDUCTION ONCE ALL VIOLATIONS ARE BROUGHT INTO COMPLIANCE TO FURTHER EXTEND THE DURATION THROUGH JUNE 30, 2024; PROVIDING TERMS AND CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-24R-02-22-2nd Amendment-Extend Amnesty Lien Program-6-30-24.pdf AR 24R-02-22 Lien Amnesty Reduction Program-SECOND REVISED-6-30-24.pdf Vice Mayor L. Martin wished to emphasize to the Lauderhill community that the subject program was established over a year ago, and it was put together as a result of the City having many open liens, some reaching in the millions of dollars, with some property owners being unaware of any lien against their property. The City sent out a notice to every property owner with an open lien against their property, so staff was being asked to provide an update accordingly, as the program was to address the lingering debt of unpaid liens on the City’s books. He said though the program should have closed December 2023, staff sought an extension due to its success and popularity. Deputy City Manager/Finance Director Kennie Hobbs affirmed the program was very popular, and some property owners came in on the date of the deadline, giving staff no time to review their case with the attention required. City staff was requesting approval for an extension. To date, the City collected just under $220,000.00, and a number of liens were still being processed, with nine still in the pipeline; based on the expiration date, city staff would not be able to process them. He said staff found the program to be a success, as it made a number of people aware there was a lien on their property, despite the City sending out letters previously, and staff speaking at homeowners’ association (HOA) meetings on the matter, etc. Thus, some property owners were just coming to City Hall to try to resolve their lien issues, so staff saw the need to request that the Commission approve an extension of the program to allow more property owners time to come in and resolve their issues. When it came to code compliance, it was more about compliance, and less about the fines, etc .; City of Lauderhill Page 7 City Commission Meeting Meeting Minutes - Final February 12, 2024 some property owners were unaware that when they came into compliance, they still had to request a follow-up inspection by the City to make code staff aware that the violations were corrected, so they could close out the case. Mr. Hobbs stated, in such situations, the failure to notify staff after correcting the violation could result in the matter being forwarded to the magistrate, and the assessment of a fine, and then a lien if left unpaid. As people were refinancing or selling their property, they discovered a lien was on their property; the lien notices brought the matter to their attention, and many sought to rectify their situation. He said they had close to 90 participants in the program, and staff was working on at least nine; if the program was extended, the number would increase. City Attorney Rosenberg reminded the Commission that the money collected in the program was one percent if the property was homesteaded, or two and a half percent if it was not, so it was a small percentage of the lien amount, hence the amount collected not being a huge number. However, the City was seeing a lot more compliance, as property owners came in after bringing their property into compliance in order to get the lien removed; thus, the program was helpful to the City with people bringing their property into compliance, and it was helpful to property owners, as they were saving money by not having to pay exorbitant fines, so it was a win/win situation. Mr. Hobbs added that cases pending approvals totaled about $ 28,000.00, and with the passage of the extension, those funds could be collected by the City; since January, the City collected just over $15,000.00. Vice Mayor L. Martin questioned if the City would send out the lien letters once a year to prevent future accumulation of unpaid liens. Mr. Hobbs affirmed, on an annual basis, staff sent out lien letters out to property owners, normally at the end of the fiscal year as part of the closeout process. Commissioner Grant agreed the program was successful, as she brought many property owners to the Finance Department staff’s attention to resolve their liens that they learned of when they sought to refinance their property . Usually a resolution involved a significant amount of money, but staff was working with property owners to have them pay a reasonable sum. She supported extending the program. Mayor Thurston opened the discussion to the public. Eula Murray-Hylton, Lauderhill resident, commented that extending the program was a great thing, as it alerting many people about a lien on their property gave them an incentive to resolve the matter. She gave a shoutout to code enforcement staff, as they did a great job in her neighborhood, trying to work with residents. However, rentals were the problem, as many properties were owned by deadbeat landlords, some living out of state, others around Florida, and she knew the City Manager wrote them letters, asking them to bring their properties into compliance, etc. She had a few residents who called her, asking for help on getting a neighbor to correct a violation, such as a collapsed fence that existed for the past five years. The general public did not understand that City of Lauderhill Page 8 City Commission Meeting Meeting Minutes - Final February 12, 2024 just because a property owner was cited did not mean the owner would fix their property immediately. Ms. Murray-Hylton remarked on the need for a little more information and education for the community, and advertising the program over the next six months would be very beneficial for the community, and helped beautify Lauderhill. A motion was made by Vice Mayor 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, Vice Mayor L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 10. RESOLUTION NO. 24R-02-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE SIXTH AMENDED ANNUAL CALENDAR OF CITY HOSTED SPECIAL EVENTS FOR FISCAL YEAR 2024; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-24R-02-23-Calendar-City Hosted Events 6th Amended 2024.pdf AR 24R-02-23 Updated Commissioner Events (Sixth) This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 11. RESOLUTION NO. 24R-02-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING AND ADOPTING AN EMPLOYEE CODE OF CONDUCT; APPROVING AND ADOPTING THE ATTACHED CITY POLICIES REGARDING DISCRIMINATION AND HARASSMENT, WORKPLACE BULLYING, AND RETALIATION APPLICABLE TO BOTH EMPLOYEES AND PUBLIC OFFICERS; PROVIDING AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-24R-02-24-Employee Code of Conduct and Policies.pdf AR 24R-02-24 Code of Conduct - Employees Only.pdf Bullying.pdf Discrimination and Harassment.pdf Retaliation.pdf City Attorney Rosenberg stated the Commission was presented with another recommendation to pass new, or strengthen existing policies; the proposed resolution sought to establish a code of conduct for City employees. Mayor Thurston opened the discussion to the public. Sergeant Joseph Nistor, president of the Lauderhill Hill Fraternal Order of Police City of Lauderhill Page 9 City Commission Meeting Meeting Minutes - Final February 12, 2024 (FOP) Lodge 161, said he represented the interest of approximately 115 people, roughly 20 percent of the City’s full-time employees. One of his roles was to ensure that the approximately 80 policies and procedures police officers abided by, and that guided police officer conduct, was fair and commonsense, and that they were applied evenly to all members. The proposed new policies regarding harassment, discrimination, and retaliation were commonsense. He said there was a common saying that no one was above the law, including police officers, and that was a sentiment he agreed with wholeheartedly; he believed the proposed policies would ensure that no Lauderhill employee or official was above treating others with dignity and respect. Sergeant Nistor applauded the City in its efforts to ensure that all would work in a dignified environment, and he respectfully implored the passing of the subject resolution before Commission. Mayor Thurston received no further input from the public. Commissioner Dunn wished to know if after the policies were passed, how the City would ensure everyone adhered to them. City Attorney Rosenberg replied there would be training for all City employees, though she was not sure about the method by which the Human Resources (HR) Department conducted such training; all employees would sign off on receiving a copy of the policy and their training. A motion was made by Vice Mayor 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, Vice Mayor L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 12. RESOLUTION NO. 24R-02-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL GRANTING AN INGRESS/EGRESS EASEMENT TO GOV FT. LAUDERDALE, LLC F/K/A RP FT. LAUDERDALE, LLC. FOR FENCE INSTALLATION AND MAINTENANCE ON THE CITY PROPERTY ADJACENT TO THEIR PROPERTY LOCATED AT 1700 N.W. 40TH AVENUE, LAUDERHILL AS LEGALLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER DESORAE GILES-SMITH). Attachments: RES-24R-02-25-Easement-fence-RP Ft Lauderdale LLC.pdf AR 24R-02-25 Grant of Non-Exclusive Ingress_Egress for Fence Installation_Maintenance 01-24-24 Final.pdf Ex. A-Fence Easement Sketch.pdf Site Plan.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 13. RESOLUTION NO. 24R-02-26: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA OPPOSING City of Lauderhill Page 10 City Commission Meeting Meeting Minutes - Final February 12, 2024 SENATE BILL 1126 AND HOUSE BILL 1641 BEFORE THE FLORIDA LEGISLATURE WHICH SEEK TO PREEMPT THE REGULATION OF AUXILIARY CONTAINERS (REUSABLE OR SINGLE-USE BAGS, CUPS, BOTTLES OR OTHER PACKAGING) AND DELETE A CURRENT LAW PROVISION THAT REQUIRES THE DEPARTMENT OF ENVIRONMENTAL PROTECTION TO REVIEW AN UPDATE ITS 2010 REPORT ON RETAIL BAGS AND AUXILIARY CONTAINERS; URGING THE FLORIDA LEGISLATURE TO CONTINUE TO RELY ON THE DATA REPORTED IN THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION’S RETAIL BAG REPORT IN THE ENACTMENT LEGISLATION REGARDING THE REGULATION OF PLASTICS; AUTHORIZING AND DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY COMMISSIONER, MELISSA DUNN). Attachments: RES-24R-02-26-Opposition to Single Use Plastic Preemption-Dunn-2-12-24.pdf AR 24R-02-26 This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 14. RESOLUTION NO. 24R-02-27: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING AND ADOPTING A CITY POLICY REGARDING USE OF CITY BUILDINGS AND FACILITIES FOR POLITICAL CAMPAIGN ACTIVITIES; PROVIDING AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-24R-02-27-Policy-Public Facility Use By Candidates.pdf AR 24R-02-27 Policy Use of City Buildings & Facilities by Candidates.pdf City Attorney Rosenberg commented, while on the journey of passing policies, City administration realized this would be a big election year for Lauderhill with all five seats on the Commission being for election/reelection. There were currently 13 candidates running for the five seats, so there would be a lot of political activity going on and she thought it would be better for the City to set forth a written policy that helped to set out some of the parameters. She saw, over the years, questions arose as to what was and was not permitted, so the goal was to make things clean and clearcut, so people knew in advance what to expect; the drafted page policy set forth various circumstances; for example : candidates were not allowed to solicit or accept any political contributions in a city building; regarding public access, when candidates were allowed to handout flyers in facilities, going through the details in each of them; neither city employees nor assets could be used for campaigning during business hours; after business hours, employees had a right to represent as they wished with regard to voicing support, etc. for particular candidates. City assets included supplies, photocopiers, paper, services, equipment, computers, telephones, vehicles, etc. Ms. Rosenberg stated the resolution outlined specific parameters City of Lauderhill Page 11 City Commission Meeting Meeting Minutes - Final February 12, 2024 for posting signs within a right of way; for example, political signs could not be posted on any city property, and the Clerk’s Office would provide a copy of the policy to all candidates, along with a map showing all City-owned properties in Lauderhill, so there was no confusion as to where political signs could not be posted. Political signs could not be posted on private property without the permission of the property owner, and candidates could not solicit within 100 feet of an election polling place. She noted, along with the code for candidates, the language reinforced candidates were not to engage in negative campaigns, or use negative inferences, as the goal was to foster positive campaigning . Candidates had to ensure any information they communicated about their opponents went through reasonable factchecking to prevent the dissemination of false material. She said the language included provisions for the use of the City’s show mobile that was permitted for rental; candidates could pay to rent the show mobile, and the City’s website contained a clear disclosure that the rental of the City’s show mobile in no way represented an endorsement or support of a person, entity, company, group, product, or campaign for which it was being rented. There were provisions for equal time that dealt with when candidates were speaking at an event that they each be given equal time to speak. Vice Mayor L. Martin encouraged HOA presidents in particular to inform the residents of their communities about some of these guidelines, as it was quite common for some candidates to stick their campaign signs on people ’s private property without asking permission. HOA presidents should take the time to go through the policy, highlight the parts they thought specifically applied to their community, and communicate them to their residents. He thanked FOP President Sergeant Nistor for representing the men and women at such a high level, noting Sergeant Nistor’s comments were spot on. Commissioner Grant sought clarification that equal time was in relation to city events. City Attorney Rosenberg answered no; a federal regulation governed the use of outsiders, such as radio and television. If, for example, for Lauderhill ’s commission elections a radio station gave free time to a candidate on their station, the station had to give the same amount of time to all other candidates . It was different if a candidate paid for the time, but other candidates had to be given the same opportunity to pay for the same slots. Commissioner Grant wished to know more about the posting of larger signs. City Attorney Rosenberg stated there was a sign ordinance detailing with what actions were and were not permitted, with specific details on location, etc. The subject resolution focused on getting permission to post signs, but the sign code had language on the specific parameters regarding dimension, location, removal, etc. She said the Clerk’s Office would provide these policies to all election candidates. Mayor Thurston opened the discussion to the public. Willie Mae Cooper, Lauderhill resident, and president of the West Ken Lark City of Lauderhill Page 12 City Commission Meeting Meeting Minutes - Final February 12, 2024 HOA, remarked during past elections there was a lot of destruction of signs, asking if there were any penalties for that, understanding the City could not post cameras everywhere in the City. She felt there should be a penalty, and whoever helped candidates in their campaign should be advised that removing election opponents’ signs was unacceptable. There should be a limit on the number of signs posted on a property. Commissioner Grant remarked it was possible to place small cameras on the signs. Varion Harris, Lauderhill resident, and president of the United Lauderhill Community Association, asked if the City Clerk’s Office could ensure all HOA presidents received a copy of the policies. City Attorney Rosenberg clarified that Mr. Harris was requesting the subject policy be provided. Commissioner Dunn thought Ms. Cooper’s comments brought to mind the lack of courtesy candidates sometimes showed each other during election times; she remembered when she campaigned there was a lot of nastiness, so she hoped in the upcoming elections all candidates led by example, and they embodied the core values they wished to see in Lauderhill, which were peace and cooperation. She believed it was possible to compete in a respectful manner and in a way that set a great example for the City’s young people. It was a call to action for all candidates. A motion was made by Vice Mayor 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, Vice Mayor L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 15. RESOLUTION NO. 24R-02-28 REMOVED XI QUASI-JUDICIAL MATTERS (IF NOT ON CONSENT AGENDA) XII QUASI-JUDICIAL MATTERS, FIRST READING XIII QUASI-JUDICIAL MATTERS, SECOND READING XIV UNFINISHED BUSINESS XV OLD BUSINESS XVI NEW BUSINESS A. A DISCUSSION OF CANCELLATION OF MARCH 11, 2024 CITY COMMISSION MEETING. City of Lauderhill Page 13 City Commission Meeting Meeting Minutes - Final February 12, 2024 City Attorney Rosenberg mentioned a majority of the Commission would be away attending the National League of Cities Conference in Washington, D .C., so achieving a quorum would not be possible. A motion was made by Vice Mayor L. Martin, seconded by Commissioner M. Dunn, that the March 11, 2024, City Commission meeting be cancelled. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Commissioner D. Grant, Vice Mayor L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 XVII COMMUNICATIONS FROM PUBLIC OFFICIALS SHALL BEGIN IMMEDIATELY BEFORE ADJOURNMENT Vice Mayor L. Martin provided the following update: • The Mayor, police and fire staff, and he had the esteemed pleasure of hosting members of the National Bahamian Royal Police while they were in the U.S. for training under a federal program; there were about 18 individuals, and they visited the City’s fire and police departments; it was a good, eye-opening experience; there could be some opportunities for sharing of events • He attended a Fore Life program fundraising event; they teamed up with Lawrence Taylor the past week; Paula Tucker always had initiatives for children to raise money; it was a family outing for the children to give them something different to do in Miami at a jai alai game • A Bahamian documentary titled “Crossing the Waters” aired at the African-American Research Library and Cultural Center the previous week; there was a wonderful turnout for the event, including a host of dignitaries; the Mayor and he were of Bahamian descent and there were many good stories coming from the Bahamas; many Bahamians settled in areas of Florida, such as Coconut Grove, Hollywood, Lauderhill, etc., and helped to build the community they lived in • The MLK 2024 music celebration at the Lauderhill Performing Arts Center (LPAC) was a wonderful event with great music artistry, and the turnout for the event was great; a good time was had by all; homage was paid to former City Commissioner Margaret Bates, who championed MLK events while serving on the Commission • The Broward County League of Cities was soliciting funds to raise money for scholarships, so if his colleagues, or anyone in the audience wished to donate, it would be greatly appreciated; to do so, they could contact his office or him for more information; the money went to Broward County students and schools, and to lobby to ensure Lauderhill schools were represented. Commissioner Dunn updated the Commission and Lauderhill public on the following: • On February 12, 2024, at 6:00 p.m., the fire department’s Station 57 at 1980 NW 56th Avenue would host a Lauderhill Health and Prosperity Partnership (LHPP) meeting; anyone wishing to join them was welcome to attend the in-person meeting • The past weekend she had the opportunity to represent the City at a Florida City of Lauderhill Page 14 City Commission Meeting Meeting Minutes - Final February 12, 2024 League of Cities Leadership event, along with elected officials from other cities • The coming Tuesday, Parks & Recreation Director Scott Newton, Assistant Director Daphne Dyer, and she were heading to Sacramento, California, for the final convening of the National League of Cities Youth Excel Grant; she congratulated the City’s Parks Department for doing such a great job with that program • Saturday, February 17, 2024, the City would host STEM Saturday at the Lauderhill Museum; this was an opportunity for children eight years and older to learn, and get hands on experience with STEM career options • The City Manager and Niah Washington had a site visit with the board of directors for A. D. Henderson Foundation, thanking them for standing in for her; the foundation was funding the work the City was doing with the neighborhoods of Devonhunt and Lauderhill Pointe; they invested over $ 200,000.00 in those Lauderhill communities; the City Manager made a presentation to the foundation’s board of directors • She thanked the Mayor and City Manager for hosting the Principals Roundtable with the LHPP education sub-council; she was told that several Lauderhill school principals attended, and they shared their needs with the community • Ms. Washington and she went to the Health Foundation of South Florida the morning of February 12th to meet with their president, and the senior leadership team to present the impact report; the document was available to anyone wishing to see the work the LHPP was doing; the Health Foundation was very pleased with the results they got with their investment in the City of Lauderhill • On the 27th of February, Ms. Washington and she were going to Washington, D.C., to attend the Black Health Summit hosted by the White House and the U.S. Department of Health & Human Services (HHS); the intent was to bring back resources to benefit the City of Lauderhill • Lauderhill Shines Cohort 8 would begin on Wednesday, February 21, 2024; she invited her colleagues to stop by for the welcome reception and say hello to the new business owners; they had over 60 applications and they expected to have a class of about 35 or 40 participants. Commissioner S. Martin wished to publicly state there were many murders and other crimes taking place in the City of Lauderhill, which the City ’s administration acknowledge. He wished to assure the community that the City Commission, along with the Lauderhill Police Chief and City Manager were working toward a solution. They had a meeting the coming week to start discussing some of those options. He went out the previous Friday to do a ride along through the community where many of the murders were taking place off NW 19th Street. Police Chief Constance Stanley was commended for having a great team, and they would continue to work together to see where they could improve the City (video shown). City Manager Giles-Smith called on Police Chief Stanley to speak on some of the incidents that occurred in Lauderhill, as there appeared to be a plethora of unpleasant activities occurring, including shootings, domestic violence, etc . The City of Lauderhill was not alone in such occurrences, as they were happening in other cities, but each resident of Lauderhill was concerned with what was happening in their city. Police Chief Stanley reviewed the number of homicides the City had in 2024 City of Lauderhill Page 15 City Commission Meeting Meeting Minutes - Final February 12, 2024 thus far, compared to the number in previous years. Since the beginning of 2024, six homicides occurred in Lauderhill, five gun-related, and one stabbing; all the cases were still actively open, and there was a warrant for a suspect in one of the cases. She said one case was a domestic violence matter. As her department dealt with the homicides, they looked at the number of victims and suspects who resided in Lauderhill, and, so far, the cases for 2024 showed three victims resided in Lauderhill, and two suspects resided in Lauderhill. In 2023, there was a total of 15 homicides; seven were closed by arrests, three of cases were domestic related, four were investigated and were pending that would lead to either an arrest, or being forwarded to the State Attorney ’s Office; for three cases all leads were exhausted. Eight of the 15 victims resided in the City of Lauderhill, as did three suspects. In 2022, there were a total of 17 homicides, one involving multiple victims that resulted in 18 deaths; eight were cleared by arrests, three were presented to the State Attorney ’s Office for stand-your-ground self-defense; four cases were domestic related; two were cleared by exception, and for two of the cases all leads were exhausted, with one case sent to the State Attorney’s Office. Eight victims resided in the City of Lauderhill, as did five of the suspects. In 2021, there were 21 homicides, two multiple victims, totaling 23 death; ten were closed by arrests, one cleared by exception; one case was sent to the State Attorney’s Office for review, and it appeared to be a case of self-defense; in all five cases, all leads were exhausted, with three cases being domestic related. Chief Stanley explained the department used technology, and other resources, including a domestic violence grant of $269,000.00 over a two-year period; the purpose of the grant was to educate the community, both perpetrators and victims; they already began the process, and they would be scheduling those sessions at various parks throughout the City. There was a Cold Case, DNA, and Homicide and Violent Crimes federal grant; the department was in communication with the federal agency that provided the grant of $533,000.00, and it was awarded by the Department of Justice (DOJ) over a three-year period; the grant would cover a variety of things, including: DNA testing, and overtime to help close out cases . She mentioned SoundThinking, formerly known as ShotSpotter, went live since April of 2023, covering about 4.6 miles in the City of Lauderhill; she went over the number of alerts since its inception, a total number of 837, with 86 in 2024; many people did not call when they heard gunfire, so ShotSpotter alerted the department, so officers could get to the crime location quicker, so they could, possibly, save a life, and collect evidence. In five of the alerts, they were able to collect shell casings at the scene, and with the City partnering with the Federal Bureau of Alcohol, Tobacco, and Firearms and Explosives (ATF), they were able to solve five of the crimes. The City had license plate readers (LDR), a total of 172 at 99 locations; she knew one of the neighboring cities spoke to a member of the City Commission about Lauderhill helping them to solve cases; whatever her department could do it would to assist the City ’s neighboring partners. They, too, had been tremendous in helping Lauderhill identify suspects. Chief Stanley said there was cell phone technology, and Lauderhill partnered with various federal agencies able to assist in solving cases; they had access to many more resources that were available throughout the County . DNA Labs was tremendous in helping the department identify evidence. She mentioned the City’s numerous community events, at which there was always a police presence; their goal was to engage with local residents and businesses to get them to trust the police. The department had a street enforcement team City of Lauderhill Page 16 City Commission Meeting Meeting Minutes - Final February 12, 2024 (SET), and they focused on identifying issues, and she wished to commend Vice Mayor L. Martin in his efforts to deal with local the convenience stores; though officers patrolled and covered areas of the City, the SET officers addressed recurring problematic issues and helped provide maintenance and surveillance, etc., whatever was needed to address issues. Other community policing programs included: Rescue Our Kids (R.O.K.) Academy, a program for children, and she mentioned a recent article about violence among teens and youth; Citizens Observer Patrol (COP). She reviewed the previously-mentioned article on violence among teens and youth that was published by the Sun Sentinel, in which it stated forgotten children were most in need of help. The article was written based on work by a group, Inner City Innovators, that was created to identify children with issues, and trying to get to the root cause of their problems. The article noted, though there was gun violence across Florida, and in other age groups such incidents plateaued, shootings among teens continued to rise, and experts failed to identify the cause of this trend . She said the article indicated the total number of fatal shootings involving teenagers rose sharply in Florida, and across the U.S. in 2020, according to the data from the Gun Violence Archive, dipping in 2021, before rising in 2022, and reaching a new high in 2023. Most of the violence was clustered in densely populated areas, such as South Florida. She urged Commission members to review the article, as her officers and she believed it would take a multifaceted approach; it was not something they could do alone. Regarding domestic violence and the department’s intervention efforts, along with the grant mentioned earlier, City Manager Giles-Smith, Deputy Allen Siegel, City Attorney Rosenberg, and she went to the State Attorney’s Office to speak with Broward County State Attorney Harold Pryor to discuss the City’s repeat offenders of domestic violences; they found such cases had declined, and much of the remaining incidents were due to repeat offenders. Her department was working with City administration to figure out what the City could do to work with the State Attorney’s Office to ensure domestic violence perpetrators did not become repeat offenders. She recently met with Women in Distriess representatives to discuss domestic violence, and some of their efforts to address its occurrence; and the department was working on a joint effort with them. Chief Stanley mentioned one of the City’s recent shootings took place on University Drive at one of the clubs, stating the department was challenged with businesses that were not abiding by their certificate of use (COU), as the particular business where the shooting occurred should have closed at 2:00 a.m., but they did not close, and the incident occurred at 3:30 a.m. Specifically, patrons were still inside when the incident occurred, and there could have been more deaths, as the shooting took place in the parking lot due to some dispute . They had some recent conversations with the manager of that business, where the department would be doing something similar to what was done with the convenience stores, making sure businesses the department was having issues with stayed in compliance with their COU, etc. She said these issues would be addressed via a team that would include law enforcement and code enforcement officers. One of the biggest challenges the police faced was uncooperative witnesses refusing to get involved, and the same was true of some victims, who thought they could take matters into their own hands. She said this made it very challenging for detectives, so they continued to encourage people to provide officers with information, regardless of the method of communication. If they received the information ahead of time, they could take City of Lauderhill Page 17 City Commission Meeting Meeting Minutes - Final February 12, 2024 action, be proactive where possible, such as getting a tip ahead of time about a shooting planned at a particular location, so officers could get there before the incident. The City’s website had information on how to report crime, and the Neighbors app was a good app to download, as the department received a significant amount of footage, and people could remain anonymous. There was also Crime Stoppers tips, the nonemergency number, the text to 911 system that was up and running. Chief Stanley mentioned having a meeting with Crime Stoppers a few months prior, and the department acted on all the tips they received from Crime Stoppers; they were all reviewed and assigned appropriately. She said Crime Stoppers generated a report containing cases they assisted with, and they kept track of whether an arrest was made. There was a lot of information she could not share with the public and the media, as it could jeopardize a case, the witnesses, etc. City Manager Giles-Smith stated Chief Stanley and her staff did a great job making sure Lauderhill was kept as crime free as possible, but it was the responsibility of every citizen of Lauderhill; if they saw something happening, they should report it, whether to the police, city administration, elected officials via text, email, phone call, etc., and they could remain anonymous if they wished. These efforts helped the department keep the wrongdoers off Lauderhill’s streets, so if anyone witnessed a crime, the City needed them to give that information to the police; this was the way crimes were solved. Chief Stanley concurred, stating a pastor contacted her with information passed on by a member of their congregation; someone was being bullied at school, and they were able to get involved to resolve the situation. She thanked the pastor for bringing the matter to her attention, and helping the police to take care of the community. City Manager Giles-Smith said half the crimes taking place in Lauderhill were domestic-related, meaning many people were well aware of what was happening, family and friends. Such behavior was seldom random acts of violence, so people needed to take the time to stop and think before saying things that could cause a situation to escalate, choose to walk away to deescalate a brewing situation, cool down, and not take actions into their hands that resulted in committing violence against another. Vice Mayor L. Martin remarked many such issues were discussed in his monthly meetings with the City Manager Giles-Smith, and Chief Stanley, and he agreed it was a requirement of the community to get more involved in helping to deal with these situations. He cautioned his colleagues on how they framed things, such as when speaking to the media, or other parties outside Lauderhill; as professionals, they did a very good job, but statistics could be manipulated, and sensationalizing incidents in the media sometimes made the City look worse than the reality. Yet all the wonderful things taking place in Lauderhill were rarely featured. He knew that statistics showed crime had gone down in the City, considering that Lauderhill’s population had increased, so it was a matter of how data was presented. He believed Lauderhill had one of the best police forces in Broward County, possibly the State, and the City ’s police force was nearly fully staffed, unlike some other agencies, so the City was doing something right. City of Lauderhill Page 18 City Commission Meeting Meeting Minutes - Final February 12, 2024 Commissioner Dunn echoed commendations to Chief Stanley and her staff . She reiterated that peace was each person’s responsibility, and for Lauderhill to be a peaceful and prosperous city, it would not take the work of just the Lauderhill Police Department, each person in Lauderhill had to work at it. The City now had a mechanism by which each person could play a role; that is, the Lauderhill Peace 365 campaign. She hosted a meeting with some of the HOA presidents, as she hoped the City’s HOAs would get involved and engaged; about 14 churches signed up; there was an opportunity for everyone in Lauderhill to take an active role. Research would be conducted to identify the root cause of violence, so the data could be shared to create programming that would go straight to the heart of the matter, including teaching conflict resolution skills, mindfulness skill, and they would hold peace and reconciliation conversations. There would be a communication campaign set to kick off in April 2024. She noted, over the next three to six weeks, they would reach out to different stakeholders in the community to engage folks. Mayor Thurston stated years ago mayors across the County came up with a program to encourage children to play chess, starting with children eight years of age and up, rotating the monthly chess challenge monthly around the County . The City of Lauderhill would be hosting the chess challenge on March 9, 2024, 11:00 a.m. to 1:00 p.m. at Veterans Park. He, too, would be playing chess. He mentioned the Northwest Council of Locally Elected Officials met today, at which eight cities were represented; all said they had not yet paid the $10,000.00 for the Form 6 litigation, though they said they would. On an individual basis, they expressed the frustration of having to provide such a detailed disclosure; the Form 6 disclosure imposed by the State of Florida on elected officials was more severe than any other state in the U .S. A few of the ladies present at the meeting said they worked hard, got a pension from the School Board, then decided to help their community by running for office; now they had to disclose where their income came from, opening them up to becoming a target. Thus, it was unfair that elected officials ran for office not knowing they would ever have to make such a detailed financial disclosure, because the rules changed while they were serving. He believed it should only apply to people who were not currently serving as elected officials. He mentioned he did not originate his Move with the Mayor (MWTM) program, as many cities across the country had MWTM programs, and they did public service announcements (PSA) on vaccinations. The last PSA was on getting the flu shot, and there were three million impressions from ten mayors giving a statement about why people should get the flu vaccine. He reported that from the statement he gave about the importance of getting the flu vaccine, the one from Lauderhill generated 210,000 impressions. The MWTM program encouraged people to move, stay healthy, and get vaccinated. XVIII ADJOURNMENT - 8:40 PM City of Lauderhill Page 19