CONSENT AGENDA
 

A motion was made by Commissioner Sharief, seconded by Commissioner Geller and unanimously carried, to approve the Consent Agenda consisting of Items 1 through 30.  At the request of the Mayor, Consent Item 10 was transferred to the Regular Agenda.  Regular Items 37, 38, 39, 42, and 43 were transferred to the Consent Agenda. 

Each item voted on the Consent Agenda was passed by unanimous vote of the Commission unless otherwise indicated by record vote.

The following item was withdrawn/deferred: 10 and 35.

The following items were pulled by the Board and considered separately:  21 and 29.

MOTION TO APPROVE Board Appointments

MOTION TO REAPPOINT Mayor Josh Levy to the Tourist Development Council in the category of "Elected City Official; Registered Voter." (Commissioner Rich)

ACTION:  (T-10:26 AM)  Approved with the Yellow-Sheeted Additional Material, dated Tuesday, January 23, 2018, submitted at the request of Commissioner Rich.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

MOTION TO APPOINT Stephen Lawson to the Parks and Recreation Advisory Board. (Commissioner Geller)

ACTION:  (T-10:26 AM)  Approved with the Yellow-Sheeted Additional Material, dated Tuesday, January 23, 2018, submitted at the request of Commissioner Geller.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

MOTION TO APPOINT Nelson Fernandez to the Affordable Housing Advisory Committee. (Commissioner Geller)

ACTION:  (T-10:26 AM)  Approved with the Yellow-Sheeted Additional Material, dated Tuesday, January 23, 2018, submitted at the request of Commissioner Geller.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

A. MOTION TO APPROVE Highway Maintenance Memorandum of Agreement between Broward County and the Florida Department of Transportation for the Peters Road improvement project from Pine Island Road to University Drive, at an estimated cost of $4,200 to the County for mowing and litter removal during construction; and authorize Mayor and Clerk to execute same. (Commission District 5)

(Per the Tuesday Morning Memorandum, Summary Explanation/Background - Insert the following sentence to the end of the fourth paragraph: To be in conformance with FDOT statewide requirement, the Agreement requires Broward County to indemnify FDOT for any violations by Broward County of any permits issued to FDOT or jointly to Broward County and FDOT after construction is completed, to the extent permitted by law.)

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

B. MOTION TO WAIVE permit requirement for work on a County road (Chapter 25, Exhibit 25.A of the Broward County Administrative Code) for the Florida Department of Transportation’s Peters Road improvement project from Pine Island Road to University Drive. (Commission District 5)

(Per the Tuesday Morning Memorandum, Summary Explanation/Background - Insert the following sentence to the end of the fourth paragraph: To be in conformance with FDOT statewide requirement, the Agreement requires Broward County to indemnify FDOT for any violations by Broward County of any permits issued to FDOT or jointly to Broward County and FDOT after construction is completed, to the extent permitted by law.)

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

A. MOTION TO APPROVE Agreement between Broward County and the Florida Network of Children’s Advocacy Centers (FNCAC), Inc., to fund services provided by the Nancy J. Cotterman Center (NJCC), commencing retroactively from July 1, 2017 through June 30, 2018, in the amount of $9,675 for the purpose of providing direct services to victims of child abuse and their non-offending family members; authorize the Mayor and Clerk to execute same; authorize the County Administrator to execute amendments to the agreement that do not increase the total funding amount above $10,641, subject to approval of the same by the Office of the County Attorney; and authorize the County Administrator to take all administrative and budgetary actions related to the Agreement.

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

B. MOTION TO ADOPT budget Resolution No. 2018-020 within the FNCAC Child Advocacy Trust Fund to appropriate revenue in the amount of $9,675 for Fiscal Year 2017-2018 with the FNCAC for the purpose of providing direct services to victims of child abuse and their non-offending family members.

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

C. MOTION TO APPROVE Agreement between Broward County and the Florida Network of Children's Advocacy Centers (FNCAC), Inc., for proceeds from the sale of the "Stop Child Abuse" license plate and the Voluntary Contribution programs, in the amount of $13,422, for the purpose of funding additional therapeutic supplies and training for staff, commencing retroactively from July 1, 2017 through June 30, 2018; authorize the Mayor and Clerk to execute same; authorize the County Administrator to execute amendments to the agreement that do not increase the total funding amount above $14,763, subject to approval of the same by the Office of the County Attorney; and authorize the County Administrator to take all administrative and budgetary actions related to the Agreement.

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.
 
D. MOTION TO ADOPT budget Resolution No. 2018-021 within the Specialty License Plate Fund to appropriate revenue in the amount of $13,422 for Fiscal Year 2017-2018 with the FNCAC to provide therapeutic supplies and training of staff that deliver services to victims of child abuse and their non-offending family members.

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

MOTION TO RETROACTIVELY APPROVE Marine Terminal Lease and Operating Agreement between Broward County and Horizon Terminal Services LLC for 8.67 acres of land and a 27,560 square foot warehouse in the Midport area of Port Everglades for a five-year term commencing on January 1, 2018; and authorize the Mayor and Clerk to execute same.

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

MOTION TO APPROVE Interlocal Agreement between Broward County and the Town of Hillsboro Beach to provide representation at hearings before the Broward County Minimum Housing/Unsafe Structures Board from the date of approval by the County Commission to September 30, 2022, and authorize the Mayor and Clerk to execute same. (Commission District 4)

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

A. MOTION TO APPROVE Agreement between Broward County and the State of Florida Division of Emergency Management in the amount of $28,484, to perform county-wide hazards analysis and update site data at facilities in Broward County storing extremely hazardous materials, as designated by the U.S. Environmental Protection Agency (EPA); the agreement to be effective from execution by both parties through June 30, 2018; authorize the Mayor to execute same; and authorize the County Administrator to take all necessary administrative actions to implement the agreement.

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

B. MOTION TO ADOPT budget Resolution No. 2018-025 within the Hazardous Materials Grant fund for the Emergency Management Division in the amount of $28,484, for the purpose of updating hazardous material site plan data.

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Chapter 20, Article VII, Division 7 of the Broward County Code of Ordinances titled Drug, Prostitution, and Criminal Street Gang-Related Public Nuisance Abatement, to allow hearings to be conducted by a three member panel of the Consumer Protection Board (CPB); to require any finding that a place or premise is a public nuisance be supported by convictions for the activity alleged to constitute a public nuisance; to allow the CPB to render final orders; to provide for an appeals process; to amend definitions to conform with Florida Statutes; and make other housekeeping amendments as deemed necessary.

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

A. MOTION TO APPROVE retroactively Grant Agreement No. TV001 between Florida Department of Environmental Protection (FDEP) and the Broward County Board of County Commissioners, to provide funding for the Title V Air Quality Permitting program in the amount of $111,090 from July 1, 2017 to June 30, 2019, and authorize the County Administrator to execute administrative and budgetary actions to implement the grant and allocate and implement subsequent partial awards under Grant Agreement No. TV001.

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

B. MOTION TO ADOPT budget Resolution No. 2018-026 within the Air Pollution Control Fund for the Environmental Engineering and Permitting Division for the total amount of $111,090 for the purpose of recognizing Title V funds received from FDEP.

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

MOTION TO AUTHORIZE County Administrator to execute grant funding agreements with the U.S. Department of Housing and Urban Development (“HUD”) for the Fiscal Year 2017-2018 Community Development Block Grant (“CDBG”) Program, HOME Investment Partnerships (“HOME”) Program, and the Emergency Solutions Grants (“ESG”) Program, collectively "Programs," in the forms attached as (Exhibit 2), relating to implementation of Broward County’s Fiscal Year 2017-2018 Annual Action Plan ("AAP") (October 1, 2017, through September 30, 2018) approved by HUD (Exhibit 1); to revise funding allocations and/or project service deliverables under the HUD approved AAP for the various grant Programs in accordance with the County's approved HUD Five Year Consolidated Plan; and to take all necessary administrative and budgetary actions for implementation and adjustment of current and previous such AAP's for the various grant Programs, including, but not limited to, executing amendments to the HUD grant funding agreements, and agreements, amendments, reinstatements, and interlocal agreements with subrecipients of funding for the respective grant Programs; and providing for severability and an effective date.

ACTION:  (T-10:26 AM)  Approved with the Yellow-Sheeted Additional Material, dated Tuesday, January 23, 2018, submitted at the request of the Environmental Protection and Growth Management Department.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

MOTION TO ADOPT Resolution No. 2018-028 of the Board of County Commissioners of Broward County, Florida, authorizing the County Administrator to negotiate and execute a Community Aesthetic Feature Agreement between Broward County and the State of Florida, Department of Transportation; affirming Broward County's intent to fund all costs for the design, installation, and maintenance of traffic control cabinet wraps created as part of the Public Art Traffic Signal Cabinet Project ("Project"), subject to prior approval as to legal sufficiency by the Office of the County Attorney; authorizing the County Administrator to take all administrative and budgetary actions to implement the Project; and providing for severability and an effective date. (Commission Districts 7 and 9)

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

MOTION TO APPROVE three-year Collective Bargaining Agreement between the Board of County Commissioners, Broward County, Florida, and the Amalgamated Transit Unit - Local 1591, representing the County’s White Collar Unit employees, for Fiscal Years 2017/2018, 2018/2019, and 2019/2020; and to authorize the Mayor to execute the Agreement.

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

MOTION TO CONSIDER APPROVAL of a plat note amendment to the Haas Addition Plat (181-MP-87). (Commission District 4)

ACTION:  (T-10:26 AM)  Approved per staff’s recommendations.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

MOTION TO ENACT Ordinance adopting a Small Scale land use plan amendment to the Broward County Land Use Plan, PC 18-1, in the City of Dania Beach, to the Broward County Comprehensive Plan (Commission District 7), the substance of which is as follows:

AN ORDINANCE OF BROWARD COUNTY, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE BROWARD COUNTY COMPREHENSIVE PLAN; AMENDING THE BROWARD COUNTY LAND USE PLAN WITHIN THE CITY OF DANIA BEACH; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

ACTION:  (T-12:01 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

MOTION TO CONSIDER adoption of a Resolution No. 2018-032 Amending the Administrative Code, the title of which is as follows:
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO DONATIONS TO BROWARD COUNTY; AMENDING SECTION 18.63 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE") TO CHANGE THE PROCEDURES BY WHICH BROWARD COUNTY ACCEPTS DONATIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

ACTION:  (T-12:02 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows: (This is the second of two Public Hearings. The first Public Hearing was held on Tuesday, January 9, 2018, at 10:00 a.m.)

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO MEDICAL MARIJUANA TREATMENT CENTERS; AMENDING VARIOUS SECTIONS OF CHAPTER 39 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROVIDING FOR DEFINITIONS; PROVIDING PUBLIC HEARING PROCEDURES AND REQUIREMENTS FOR THE LOCATION AND ESTABLISHMENT OF MEDICAL MARIJUANA TREATMENT CENTERS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 

(Sponsored by the Board of County Commissioners)
 

ACTION:  (T-12:03 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.  (Refer to minutes for full discussion.)  (See the Purple-Sheeted Additional Material, dated Tuesday, January 23, 2018, submitted at the request of Environmental Protection and Growth Management Department.) 
 
VOTE: 6-2.  Commissioners Holness and Ryan voted no.  Vice-Mayor Bogen was not present.

MOTION TO APPROVE Request for Letters of Interest (RLI) No. TEC2115809R1, EOC Communications Modernization Project for the Broward County Emergency Operations Center.

(Transferred to the Consent Agenda.)

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

MOTION TO APPROVE Request for Proposals (RFP) TEC2114786P1, Investigative Management System for the Broward Office of the Inspector General and the Office of the County Administrator.

(Transferred to the Consent Agenda.)

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

A. MOTION TO ADOPT Resolution No. 2018-033 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, February 6, 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 VARIOUS MEMBERSHIP, VOTING, MEETING, AND SUNSET REQUIREMENTS FOR THE CHILDREN'S SERVICES BOARD, THE TRANSIT ADVISORY COMMITTEE, THE HISTORIC PRESERVATION BOARD, THE HUMAN RIGHTS BOARD, THE ADVISORY BOARD FOR INDIVIDUALS WITH DISABILITIES, THE COUNTY LIBRARY ADVISORY BOARD, AND THE LIVING WAGE ADVISORY BOARD; AMENDING SECTIONS 1-485, 1-486, 5-535, 16½-21, 16½-88 THROUGH 16½-92, 16½-94,19-11, 19-14, AND 26-105 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); REPEALING SECTIONS 1-501 THROUGH 1-506 OF THE CODE; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 

(Sponsored by the Board of County Commissioners) 

(Transferred to the Consent Agenda.)

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

 
B. MOTION TO ADOPT Resolution No. 2018-034 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, February 6, 2018, at 10:00 a.m., in Room 422 of the Governmental Center to consider adoption of a proposed Resolution Amending the Administrative Code, the title of which is as follows:
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO VARIOUS MEMBERSHIP, VOTING, MEETING, AND SUNSET REQUIREMENTS OF THE BROWARD CULTURAL COUNCIL, THE BROWARD COUNTY DIVERSITY ADVISORY COUNCIL, THE BROWARD COUNTY ALCOHOL AND DRUG ABUSE ADVISORY BOARD TRUST FUND AND COMMITTEE, THE SMALL BUSINESS DEVELOPMENT ADVISORY BOARD, THE CENTRAL COUNTY COMMUNITY ADVISORY BOARD, THE PUBLIC SAFETY COORDINATING COUNCIL ADVISORY BOARD, AND THE BROWARD COUNTY ANIMAL CARE ADVISORY COMMITTEE; AMENDING SECTION 12.13, PART XXI, AND SECTIONS 12.211, 12.225, 12.227, 12.241, 12.265, AND 12.290 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"); REPEALING SECTIONS 12.89 THROUGH 12.93 OF THE ADMINISTRATIVE CODE; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

(Transferred to the Consent Agenda.)

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

MOTION TO NOMINATE Allicia R. Walford for appointment to the Children’s Services Board. (Mayor Furr)

(Transferred to the Consent Agenda.)

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

A. MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Sections 31½-33 and 31½-34 of the Broward County Code of Ordinances to reestablish and relevy the six-cent local option gas tax for transportation expenditures that is expiring on August 31, 2018, with the tax proceeds to be distributed either pursuant to an interlocal agreement between the County and the municipalities, which would provide the same collective distribution to the municipalities as is provided under the expiring agreement, or, if a majority of the municipalities (by population) fail to timely enter into such interlocal agreement, pursuant to the statutory method provided in Section 336.025(4)(a), Florida Statutes.

ACTION:  (T-5:39 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

B. MOTION TO APPROVE in substantially the form attached hereto, proposed interlocal agreement; to authorize the County Administrator to forward it to the municipalities; to authorize the Office of the County Attorney to make nonsubstantive changes to the attached form based upon input received from municipal counsel; and to authorize the County Administrator to execute the interlocal agreement on behalf of the County provided a majority of the municipalities (by population) approve, execute, and return the agreement to the County Administrator by March 31, 2018.

ACTION:  (T-5:39 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

MOTION TO SELECT from the list of four law firm teams as described and identified below, outside counsel to represent the County in connection with the opioid epidemic litigation, and to authorize and direct the County Attorney to negotiate and enter into a contract on behalf of the County with the selected law firm team on terms consistent with those outlined below.

ACTION:  (T-10:32 AM)  The Board approved selection of the First Ranked Team, as outlined in the Yellow-Sheeted Additional Material, dated Tuesday, January 23, 2018, submitted at the request of the Office of the County Attorney.  In addition, the Board permitted the County Attorney to add additional firms if needed.  (Refer to minutes for full discussion.)
 
VOTE: 6-2.  Commissioners Geller and Ryan voted no.  Vice-Mayor Bogen was not present.

COUNTY ADMINISTRATOR'S REPORT
 

MOTION TO DIRECT Office of the County Attorney to draft an ordinance establishing a 180 day moratorium on the issuance of permits within the Broward Municipal Services District for the establishment of medical marijuana treatment center dispensing facilities, as defined by Section 381.986, Florida Statutes. (Commissioner Holness)

ACTION:  (T-12:03 PM)  Following public comments and Board discussion, the motion failed.  (Refer to minutes for full discussion)

VOTE: 3-5.  Commissioners Geller, Rich, Sharief, Udine and Mayor Furr voted no.  Vice-Mayor Bogen was not present.

CHILDREN’S HEALTH INSURANCE PROGRAM (CHIP) - COMMISSIONER RICH

ACTION:  (T-5:51 PM)  Commissioner Rich commented on the recent government shutdown and the reauthorization of the Children’s Health Insurance Program (CHIP) and noted that the funding of Community Health Centers was not included.  Commissioner Rich called upon her fellow Board members to advocate for this much needed resource.  (Refer to minutes for full discussion.)

2018 WOMEN’S MARCH - COMMISSIONER RICH

ACTION:  (T-5:53 PM)  Commissioner Rich recounted to the Board her attendance at the 2018 Women’s March in Miami.  (Refer to minutes for full discussion.)

GREATER FORT LAUDERDALE ALLIANCE - COMMISSIONER UDINE

ACTION:  (T-5:55 PM)  Commissioner Udine noted the efforts of the Greater Fort Lauderdale Alliance as to promoting Broward County.  (Refer to minutes for full discussion.)

AFFORDABLE HOUSING SADOWSKI TRUST FUND - COMMISSIONER RYAN

ACTION:  (T-5:57 PM)  Commissioner Ryan touched upon the issues surrounding the Affordable Housing Sadowski Trust Fund.   (Refer to minutes for full discussion.)

POMPANO BEACH LIBRARY AND CULTURAL CENTER OPENING - COMMISSIONER LAMARCA

ACTION:  (T-5:59 PM)  Commissioner LaMarca recounted to the Board his attendance with Mayor Furr at the opening of the Pompano Beach Library and Cultural Center.  (Refer to minutes for full discussion.)

FUNDING - COMMISSIONER LAMARCA

ACTION:  (T-6:00 PM)  Commissioner LaMarca echoed the concerns raised by Commissioner Rich regarding the funding of Community Health Centers, and noted that more needed to be done to support people transitioning from subsidized federal fiscal support.   (Refer to minutes for full discussion.)

HAPPY BIRTHDAY - COMMISSIONER HOLNESS

ACTION:  (T-6:02 PM)  Commissioner Holness wished Mayor Furr a belated Happy Birthday.  (Refer to minutes for full discussion.)

FREE WORKSHOP - COMMISSIONER HOLNESS

ACTION:  (T-6:03 PM)  Commissioner Holness invited interested residents to attend a free workshop titled, "Thinking of Owning a Business?"  An introduction is being held on Saturday, January 27, 2018, from 10:15 a.m., to 1:00 p.m., at the Tyrone Bryant Branch Library.  (Refer to minutes for full discussion.)

STATE OF FLORIDA LAWSUIT - COMMISSIONER GELLER

ACTION:  (T-6:07 PM)  Commissioner Geller noted efforts to bring about a lawsuit to seek an intervention against the State of Florida regarding the passing of a number of Bills by the Department of Environmental Protection that would permit carcinogens and other toxic chemicals to be added to Florida waterways.   (Refer to minutes for full discussion.)