Broward County Commission Regular Meeting


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AI-27079 87.       
Meeting Date: 06/12/2018  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action
A. MOTION TO ADOPT Resolution No. 2018-298 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, August 14, 2018, at 10:00 a.m., in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO ZONING NOTICES; AMENDING SECTIONS 39-27, 39-38, 39-42, AND 39-44 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROVIDING FOR NOTICE OF PUBLIC HEARINGS, QUASI-JUDICIAL HEARINGS, AND ORDERS RELATED TO REZONINGS, VARIANCES, ADMINISTRATIVE DECISIONS, AND APPEALS OF ADMINISTRATIVE DECISIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

(Sponsored by Vice-Mayor Mark D. Bogen)

ACTION:  (T-11:10 AM)  Approved with the Yellow-Sheeted Additional Material, dated Tuesday, June 12, 2018, submitted at the request of the Office of the County Attorney.  (Refer to minutes for full discussion.)  (See the Yellow-Sheeted Additional Material (#87(2)), dated Tuesday, June 12, 2018, submitted at the request of the Office of the County Attorney.) 
 
VOTE: 8-0.  Commissioner LaMarca voted in the affirmative telephonically.  Commissioner Ryan was not present.

B. MOTION TO ADOPT Resolution No. 2018-299 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, August 14, 2018, at 10:00 a.m., in Room 422 of the Governmental Center to consider adoption of a proposed Resolution amending the Broward County Administrative Code, the title of which is as follows:

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, RELATING TO LICENSING OF SIGNIFICANT ENVIRONMENTAL IMPACT FACILITIES; AMENDING SECTION 27.170 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"), PROVIDING NOTICE REQUIREMENTS FOR THE LICENSING OF SIGNIFICANT ENVIRONMENTAL IMPACT FACILITIES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

ACTION:  (T-11:10 AM)  Approved with the Yellow-Sheeted Additional Material, dated Tuesday, June 12, 2018, submitted at the request of the Office of the County Attorney.  (Refer to minutes for full discussion.)  (See the Yellow-Sheeted Additional Material (#87(2)), dated Tuesday, June 12, 2018, submitted at the request of the Office of the County Attorney.) 
 
VOTE: 8-0.  Commissioner LaMarca voted in the affirmative telephonically.  Commissioner Ryan was not present.
Why Action is Necessary
A. The proposed Ordinance was prepared by the Office of the County Attorney at the direction of the Board of County Commissioners at its meeting of May 8, 2018.

B. The Broward County Charter requires notice and a public hearing for adoption of amendments to the Broward County Administrative Code.
What Action Accomplishes
A. Amends the notice requirements in the Code for zoning actions related to dumps, sanitary landfills, incinerators, and resource recovery facilities.

B. Amends the notice requirements in the Administrative Code for environmental licenses and permits related to dumps, sanitary landfills, incinerators, and resource recovery facilities.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
On May 8, 2018, the Office of the County Attorney was directed to draft an ordinance and a resolution increasing the notice requirements for applications for rezonings, variances, and environmental licenses and permits related to property used, or to be used, as a dump, sanitary landfill, incinerator, or resource recovery facility ("solid waste facility"). The proposed Ordinance and Resolution increase the notice requirements for property used, or to be used, as a solid waste facility to include notice to the Broward County Commissioner(s) whose district is within a four (4) mile radius of the solid waste facility; to the Mayor, City Manager, and City Commissioners of any municipality within Broward County and within a four (4) mile radius of the solid waste facility; to board members of condominium and homeowners' associations within Broward County and within a four (4) mile radius of the perimeter of the solid waste facility who sign up with Broward County to receive email notifications; and to any other person who owns property or lives within Broward County and within a four (4) mile radius of the solid waste facility who signs up with Broward County to receive email notifications.

The proposed Ordinance and Administrative Code Resolution provide that the email notifications to board members of condominiums and homeowners' associations and persons who sign up to receive email notifications are courtesy notifications and shall not affect the validity of any action taken relative to the application, license, or permit, and failure to receive such notification shall not give rise to a cause of action challenging any action taken by Broward County.

The proposed Ordinance and Administrative Code Resolution will be distributed as additional material.
Source of Additional Information
Maite Azcoitia, Deputy County Attorney, 954-357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Fiscal Impact Statement by Office of Management and Budget will be distributed as additional material.
Attachments
Exhibit 1 - Copy of Resolution to Publish Notice of Public Hearing of Ordinance
Exhibit 2 - Copy of Resolution to Publish Notice of Public Hearing of Resolution Amending the Administrative Code
Additional Material - Information
Additional Material - Information


    

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