Broward County Commission Regular Meeting


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AI-26348 60.       
Meeting Date: 02/27/2018  
Director's Name: Barbara Sharief
Department: County Commission  

Information
Requested Action
A. MOTION TO APPROVE Resolution No. 2018-057 which provides for a waiver of the Administrative Code. 

ACTION:  (T-2:50 PM)  Approved.  (Refer to minutes for full discussion.)  (Scrivener's Error - See County Administrator's Report:  Motion A currently reads: Motion to Approve.  Should read:  Motion to Adopt.)  (See Yellow-Sheeted Additional Material, dated February 27, 2018, submitted at the request of Commissioner Sharief and the Cultural Council.)

VOTE:  6-3.  Commissioner Holness voted in the affirmative telephonically.  Commissioner Udine voted no.  Commissioners Geller and LaMarca voted no telephonically.


B. MOTION TO WAIVE four provisions of Chapter 29 - Operational Policy, Councils, Boards, and Committees, Part II - Broward Cultural Council Incentive Program Guidelines of the Administrative Code (as delineated below), to allow the City of Miramar to apply for unused reserve (from previous grant cycles) Tourist Development Tax Capital Challenge Grant (TDTCCG) funds, under the terms and conditions as established by the program and these waivers, to provide $300,000 of funding for the construction of the back of house expansion project for the Miramar Amphitheater at Regional Park.
 
Section 29.16, j. 1(a)(2)(B), relating to applicants committing to have available a two-to-one cash match;
 
Section 29.16, j.1(a)(3), relating to applicants not having received TDTCCG funding from Broward County in the current or five previous County fiscal years;
 
Section 29.16, j.1(a)(5), relating to an applicant not applying for or being eligible to receive additional TDTCCG funding for the same project; and
 
Section 29.16, j.2(c), relating to the maximum award amount of $500,000 per applicant in a five year period. (Commission District 8) (Commissioner Sharief)

ACTION:  (T-2:50 PM)  Approved.  (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated February 27, 2018, submitted at the request of Commissioner Sharief and the Cultural Council.)

VOTE:  6-3.  Commissioner Holness voted in the affirmative telephonically.  Commissioner Udine voted no.  Commissioners Geller and LaMarca voted no telephonically.
Why Action is Necessary
Motion A: Broward County Board of County Commissioners (Board) approval of a resolution is required to waive provisions of the Broward County Administrative Code.

Motion B: This allows the City of Miramar to apply for unused reserve TDTCCG funds under the terms and conditions of the program and the approved waivers.
What Action Accomplishes
Motion A: This approves a resolution that allows for the waiving of provisions of the Administrative Code.

Motion B:  This identifies the specific sections of the Administrative Code to be waived to allow the City of Miramar to apply for grant funds for the construction of the back of house expansion project for the Miramar Amphitheater at Regional Park.
Is this Action Goal Related
Previous Action Taken
The Board at its November 3, 2015 meeting (Item No. 7. B.) approved a TDTCCG funding request from the City of Miramar in the amount of $377,016 for the initial construction of the Miramar Regional Park Cultural Amphitheater.
 
The Board at its August 22, 2017 (Item No. 128), directed the funding request for the back of the house expansion project for the Miramar Amphitheater at Regional Park in the amount of $500,000, for review by the Tourist Development Council (TDC).
 
The Board at its December 12, 2017 meeting (Item No. 64), approved a funding appropriation of $200,000 for the construction of the back of house expansion project for the Miramar Amphitheater at Regional Park.
Summary Explanation/Background
This item supports the Board's value of "cultivating community culture, arts, recreation and life-long learning" and goals relating to providing diverse artistic, cultural, educational and historical amenities and programs that contribute to a vibrant, multi-cultural and economically-viable community.
 
The Board at its December 12, 2017 meeting (Item No. 64), approved a funding appropriation of $200,000 from the General Fund for the construction of the back of house expansion project for the Miramar Amphitheater at Regional Park. The Board had previously advised at its August 22, 2017 meeting (Item No. 128), that the City of Miramar approach the Tourist Development Council (TDC) to seek additional funding for the expansion project. 
 
At its January 25th, 2018 meeting, the TDC discussed a $300,000 Tourist Development Tax (TDT) funding request from Miramar for the construction of the back of house expansion project for the Miramar Amphitheater at Regional Park. During the discussion, it was determined that there was a Capital Challenge Grant program that could be utilized for funding the project and that there were available unused funds in reserve from previous grant cycles. It was also determined that there were several TDTCCG program requirements that prevented the City of Miramar from applying for the funds. For example, a TDTCCG funding recipient cannot apply for additional funds for a five year period. The TDC voted to recommend to the Board that it waive the TDTCCG program restrictions to allow the City of Miramar to apply and be eligible for a portion of the unused reserve TDTCCG funds.
 
The City of Miramar has since filed an application on February 15, 2018 requesting $300,000 of additional TDTCCG funding for the construction of the back of house expansion project for the Miramar Amphitheater at Regional Park. The application will be provided as additional material.
 
The Miramar Amphitheater features a 4,000-square foot covered stage, along with seating for 3,000 under a tensile canopy, with additional uncovered 1,144 folding seat area. Located west of the Aquatic Complex at Miramar Regional Park, the facility was intended to accommodate a variety of entertainment possibilities such as musical concerts, exhibitions, graduation ceremonies and cultural venues. A partial back-of-house structure measuring 30’ by 30’ houses the facility’s electrical room, load-in and load-out receiving area and two unisex bathrooms. Also included onsite are a ticket booth, a marquee sign, fencing and other related infrastructure.
 
Currently, the Miramar Amphitheater has only one restroom at back stage which must service production staff, sound technicians as well as other support staff. Additionally, the restroom must be available to be shared with performing artists, backstage VIP’s, bands, groups, and entourages. There are no private dressing rooms or waiting areas for performers or their staff, nor is there space onsite for management personnel. As a result, the City of Miramar has to rent recreational vehicles at a cost of $4,000 for each event to provide a safe and private area for the artists to dress and prepare to perform.
 
In anticipation of many other major events planned for this location, the City has realized the need for the proposed back of house expansion to provide for a life safety office, artist and performer dressing rooms, additional rest rooms, and a general management office. The lack of these amenities will certainly hinder the scale of acts and the overall booking of events at the Miramar Amphitheater.
 
Regarding the proposed waivers:
  • Section j.1(a)(2)(B) of the Administrative Code, relating to applicants committing to have available two-to-one cash match. The estimated cost of construction and design fees for the back of the house addition is estimated to be $700,000. The City of Miramar will be contributing $200,000 towards the project, with the remaining balance coming from the $200,000 County (General Fund) contribution awarded on December 12, 2017, and this $300,000 TDTCCG request.
  • Section j.1(a)(3) of the Administrative Code, relating to applicants not having received TDTCCG funding from Broward County in the current or five previous County fiscal years. The City of Miramar received funding in the amount of $377,016 from the TDTCCG, for the construction of the Miramar Regional Park Cultural Amphitheater on November 3, 2015 (Item No. 7. B).
  • Section 29.16, Section j.1(a)(5) of the Administrative Code, relating to an applicant not applying for or being eligible to receive additional TDTCCG funding for the same project. The City of Miramar received funding in the amount of $377,016 from the TDTCCG, for the construction of the Miramar Regional Park Cultural Amphitheater on November 3, 2015 (item No. 7. B.)
  • Section 29.16, j.2(c) of the Administrative Code, relating to the maximum award amount of $500,000 per applicant in a five year period. The City of Miramar received funding in the amount of $377,016 on November 3, 2015 (Item No. 7. B.). Should this additional $300,000 request for the construction expansion be granted, it would result in a total allocation of $677,016 from the TDTCCG for this project, which is $177,016 above the program maximum award parameters.
Both the City of Miramar TDTCCG grant application and the resolution which provides for a waiver of the Administrative Code will be provided as additional material.
Source of Additional Information

Fiscal Impact
Fiscal Impact/Cost Summary:
This $300,000, is being requested to come from unused reserves in the TDTCCG Program.
Attachments
Additional Material - Information
Additional Material - Information


    

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