Broward County Commission Regular Meeting


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AI-27157 85.       
Meeting Date: 08/14/2018  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action
MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows:
 
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO NATURAL RESOURCE PROTECTION CODE SETTLEMENT REPORTING; AMENDING SECTION 27-34 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") REGARDING SETTLEMENTS; AMENDING REPORTING OF SETTLEMENTS TO BE CONSISTENT WITH QUARTERLY REPORTING AS PROVIDED FOR IN SECTION 1-51.3 OF THE CODE; CLARIFYING THE ACCEPTANCE OF SETTLEMENT TERMS IN ACCORDANCE WITH SECTION 1-51.3 OF THE CODE; CLARIFYING THE PROCESS FOR OBTAINING FINAL ORDERS AFTER VIOLATIONS OF SETTLEMENTS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. 
 
(Sponsored by the Board of County Commissioners)

ACTION:  (T-11:45 AM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Commissioner Sharief was not present during the vote.
Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of June 5, 2018.
What Action Accomplishes
Amends the Code to provide the County Attorney and County Administrator authority to settle, adjust, compromise, and report on settlement of claims consistent with Section 1-51.3 of the Code, and clarifies acceptance of and noncompliance with settlements.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
At its meeting of February 6, 2018, the Board of County Commissioners amended the authority of the County Attorney and County Administrator to settle, adjust, and compromise claims pursuant to Section 1-51.3 of the Code.  Section 27-34 of the Code, pertaining to settlement of claims arising pursuant to the Natural Resource Protection Code, is being amended to ensure consistency with the amended settlement authority of the County Attorney and County Administrator, to provide for quarterly reporting of settlements consistent with Section 1-51.3 of the Code, and to clarify the provisions regarding acceptance of settlement terms by Broward County and the process for obtaining final orders after noncompliance with settlement agreements.
Source of Additional Information
 Michael C. Owens, Senior Assistant County Attorney, (954) 357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Fiscal Impact Statement by Office of Management and Budget is attached as Exhibit 2.
Attachments
Exhibit 1 - Copy of Proposed Ordinance
Exhibit 2 - Copy of Fiscal Impact Statement


    

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