Broward County Commission Regular Meeting


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AI-27664 3.       
Meeting Date: 11/13/2018  
Director's Name: Mark Gale
Department: Aviation Division: Business

Information
Requested Action
A. MOTION TO WAIVE Section 39.3(b)(1), Chapter 39, of the Broward County Administrative Code to waive the requirement for a term period in the Permit Agreement.

ACTION:  (T-10:28 AM)  Approved.

VOTE: 8-0. 


B. MOTION TO WAIVE Section 39.3(b)(2), Chapter 39, of the Broward County Administrative Code to waive the requirement for the payment of rent in the Permit Agreement.

ACTION:  (T-10:28 AM)  Approved.

VOTE: 8-0. 


C. MOTION TO APPROVE Permit Agreement between Broward County and Florida Department of Transportation for access to certain property owned by Broward County's Fort Lauderdale-Hollywood International Airport, effective upon approval by the Broward County Board of County Commissioners; and authorize Mayor and Clerk to execute same.

ACTION:  (T-10:28 AM)  Approved.

VOTE: 8-0. 


D. MOTION TO AUTHORIZE Director of Aviation to execute future amendments to the Permit Agreement between Broward County and Florida Department of Transportation to remove or relocate access parcels and to terminate the agreement subject to the Office of the County Attorney approving as to legal sufficiency.

ACTION:  (T-10:28 AM)  Approved.

VOTE: 8-0. 
Why Action is Necessary
Motions A and B: Broward County Board of County Commissioners ("Board") approval is required for waiver of any portion of the Administrative Code ("Administrative Code").

Motion C: Chapter 2, Section 2-40 (a) of the Broward County Code of Ordinances, requires that the Board authorize any commercial activities or occupation of any portion of the airport. 

Motion D: Board approval is required to authorize the Director of Aviation to execute future amendments to the Permit Agreement.
What Action Accomplishes
Motions A and B: Waive two sections of Chapter 39 in the Broward County Administrative Code in order to extend the term period beyond ten years and not require payment of rent as part of the Permit Agreement.

Motion C: Approves a Permit Agreement to authorize the Florida Department of Transportation ("FDOT") to access FDOT facilities using areas of Broward County's Fort Lauderdale-Hollywood International Airport ("FLL").

Motion D: Authorizes the Director of Aviation to execute future amendments to remove or relocate access parcels and to terminate the Permit Agreement.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTIONS.

The proposed actions as part of this Board item will approve waivers of sections of Chapter 39 of the Administrative Code regarding term of an agreement and rent payment at FLL (Motions A and B), approve the Permit Agreement with FDOT (Motion C), and authorize the Director of Aviation to execute future amendments to the Permit Agreement (Motion D).

FDOT owns certain property shown in Exhibit A of the Permit Agreement (Exhibit 2), and has requested access to certain property owned by Broward County ("County") shown in Exhibit B of the Permit Agreement ("Airport Property"). Such access is necessary to enable FDOT to construct, operate, and maintain upgrades to certain facilities on FDOT property.

Motion A
Chapter 39, Fees And Other Charges, Aviation, Section 39.3(b)(1) of the Administrative Code imposes a limit of 10 years for leases of existing facilities. The waiver of this requirement is necessary since access to FDOT facilities by FDOT is needed for a period longer than 10 years and exceeding 30 years. The parties agree that the Permit Agreement will remain in effect for as long as required by FDOT to provide ingress and egress to the FDOT Property. However, County may terminate the Permit Agreement with advance notice at its sole discretion.

Motion B
Chapter 39, Fees And Other Charges, Aviation, Section 39.3(b)(2) of the Administrative Code requires market rent for leased premises. The request to waive this section of the Administrative Code is appropriate since there will be no occupation of the premises contemplated by the Permit Agreement. The sole purpose of the Permit Agreement is to authorize access to FDOT to build, operate, and maintain its facilities related to the I-95 expansion.

Motion C
Chapter 2, Section 2-40 (a) of the Broward County Code of Ordinances, requires that the Board authorize any commercial activities or occupation of any portion of the airport. The proposed Permit Agreement authorizes FDOT to access the Airport Property; therefore, the Board’s approval is required.

The proposed Permit Agreement is limited to the Airport Property, and it is not applicable to, nor does it modify, any other agreement that FDOT may have with County.

The Permit Agreement has been reviewed by the County Risk Management Division and approved as to form by the Office of the County Attorney.

Motion D
Chapter 2, Section 2-40 (a) of the Broward County Code of Ordinances, requires that the Board authorize any commercial activities or occupation of any portion of FLL. Given the nature of the Permit Agreement, a Board’s action authorizing the Director of Aviation to execute amendments to the Permit Agreement, subject to approval as to legal sufficiency, is being respectfully requested. In the event that access to the FDOT Property through the Airport Property is no longer feasible, the permit area may be relocated or the agreement may be terminated by the Director of Aviation.
Source of Additional Information
Mark Gale, CEO/Director of Aviation, (954) 359-6199

Fiscal Impact
Fiscal Impact/Cost Summary:
There is no fiscal impact as a result of the approval of the Permit Agreement.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Permit Agreement


    

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