Broward County Commission Regular Meeting


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AI-26456 14.       
Meeting Date: 04/24/2018  
Director's Name: Steven Cernak
Department: Port Everglades Division: Business Administration

Information
Requested Action
MOTION TO ADOPT Resolution No. 2018-202 directing the County Administrator to publish a Notice of Public Hearing to be held on Tuesday, May 8, 2018, at 10:00 a.m. in the County Commissioners’ Meeting Room (Room 422), Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida, to consider the application of Lank Oil Company to renew a nonexclusive franchise to provide vessel bunkering services at Port Everglades for a five-year term commencing on May 23, 2018, and ending on May 22, 2023.

ACTION:  (T-10:47 AM)  Approved.

VOTE:  8-0.  Commissioner Sharief was not present.
Why Action is Necessary
Public hearing is required pursuant to Chapter 94-429, Laws of Florida, and Section 32.22a of the Broward County Administrative Code. Franchises are granted pursuant to Chapter 32 of the Broward County Administrative Code.
What Action Accomplishes
It allows a Public Hearing date to be set and notices to be published twice in local newspapers.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.

This action supports the Board of County Commissioners' Value of "Ensuring economic opportunities for all people and businesses in Broward" and the Goal to "Increase the economic strength and impact of revenue-generating County enterprises balancing economic, environmental, and community needs."

Lank Oil Company (Lank) was incorporated in the State of Florida on September 16, 1971, and began doing business in Broward County as a Citgo Consignee. Lank’s primary service offering was the transport of fuel and motor oil to clients in Dade, Broward and Palm Beach Counties. Over the years, Lank has represented Philips 66, Unocal, BP and Fina, as well as the unbranded products of Marathon, TransMontaigne and Pure. In 2001, Lank added tank wagon fuel delivery to its services, delivering fuel to yachts in the tri-County area. On May 23, 2017 (Item No.51-PH), the Board approved Lank’s new vessel bunkering franchise for an initial term of one year, commencing on May 23, 2017, and ending on May 22, 2018. Lank is applying for renewal of the franchise for a five-year term, commencing on May 23, 2018, and ending on May 22, 2023.

Port staff has reviewed the vessel bunkering service franchise application against the enumerated renewal criteria set forth in Chapter 32 of the Broward County Administrative Code. Staff’s due diligence included corresponding with the Applicant’s representative to clarify franchise requirements and reviewing of the Applicant’s corporate status along with its business operations, experience, litigation history, insurance, financial documents, creditworthiness, required licenses, company programs, policies and statement of intended activities.

In addition, the applicant's environmental history was reviewed, and findings are included under Section Q of the application. No infractions occurred as a result of operations at Port Everglades. A Notice of Violation was issued by the U.S. Coast Guard on August 26, 2013, for failing to provide an oil spill exercise program containing announced and unannounced exercises and for failure to maintain exercise records at the facility for the required three years. A penalty of $350 was assessed as a result of the infraction. Lank corrected the deficiencies and the case was closed on April 25, 2014. Staff concluded that the Applicant acted promptly and responsibly to resolve the deficiencies documented in Section Q of the application.

Based on the information provided in the application and staff’s review, staff has determined that the Applicant meets the criteria for renewal of a vessel bunkering service franchise. Vessel bunkering service franchises may be granted for any period of time up to five years. Past practice has been for staff to recommend granting the renewal of a vessel bunkering service franchise for a term of five years. Accordingly, staff is recommending that the franchise be renewed for a five-year term. Complete application and supporting documents are on file in the Port Everglades Business Administration Office.
Source of Additional Information
Jorge Hernández, Enterprise Director of Administration, (954) 468-3501
Ángela Osorno Belleme, Franchise Manager, Business Administration Division, (954) 468-0112

Fiscal Impact
Fiscal Impact/Cost Summary:
Applicant has paid the required annual fee of $2,250, and will pay an additional $9,000 in annual franchise fees over the term of the franchise, for a total of $11,250.
Attachments
Exhibit 1 - Resolution
Exhibit 2 - Notice to Publish
Exhibit 3 - Application


    

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