Broward County Commission Regular Meeting

A. MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows (continued from August 14, 2018 - Item No. 86):
 
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-3:32 PM)  Following public speaker comments and Board discussion, the Board continued this item until the Public Hearing on Tuesday, September 25, 2018.  (Refer to minutes for full discussion.)   (See the Purple-Sheeted Additional Material, dated Tuesday, August 14, 2018, submitted at the request of the Office of the County Attorney and the Purple-Sheeted Additional Materials, dated Thursday, September 13, 2018, submitted at the request of Commissioner Holness and Vice-Mayor Bogen.)  
 
VOTE: 9-0.
 
B. MOTION TO CONSIDER adoption of a Resolution, the title of which is as follows (continued from August 14, 2018 - Item No. 86):
 
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.
 

(Sponsored by Vice-Mayor Mark D. Bogen)

ACTION:  (T-3:32 PM)  Following public speaker comments and Board discussion, the Board continued this item until the Public Hearing on Tuesday, September 25, 2018.  (Refer to minutes for full discussion.)   (See the Purple-Sheeted Additional Material, dated Tuesday, August 14, 2018, submitted at the request of the Office of the County Attorney and the Purple-Sheeted Additional Materials, dated Thursday, September 13, 2018, submitted at the request of Commissioner Holness and Vice-Mayor Bogen.)  
 
VOTE: 9-0.

A. 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 12, 2018.
 
B. A Resolution directing the County Administrator to publish notice of public hearing to consider adoption of the Resolution amending the Administrative Code was adopted by the Board of County Commissioners at its meeting of June 12, 2018.

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.

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 Administrative Code 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 Broward County municipality within a four (4) mile radius of the perimeter 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 Administrative Code Resolution also removes current exemptions from the notice requirements for Significant Environmental Impact Facility license renewals that do not include a major modification to the licensed facility or activity and for licenses issued pursuant to a declaration of emergency by the Governor of Florida.
 
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.
 
At the request of the County Attorney, this item was continued from the August 14, 2018, public hearing to allow for additional internal review and the opportunity for County staff to consider additional public input. The Office of the County Attorney is proposing an additional amendment to the Resolution, as reflected on page 2 of Exhibit 4, to delete notice requirements for unincorporated area neighborhood and civic associations. This notice is duplicative of the proposed notice requirements for all condominium and homeowners' associations within four (4) miles of a solid waste facility. 

Exhibit 4 also includes an amendment proposed by the Environmental Protection and Growth Management Department to correct a scrivener's error in Section 27.170 of the Administrative Code.

Maite Azcoitia, Deputy County Attorney, (954) 357-7600