CONSENT AGENDA
 

MOTION TO APPROVE Board Appointments

MOTION TO APPOINT Adam I. Sanders to the Human Rights Board. (Commissioner Rich)

ACTION:  (T-10:20 AM)  Approved.

VOTE: 8-0.  Commissioner Geller was not present.

MOTION TO APPOINT Abby Freedman to the Medical Marijuana Advisory Board. (Commissioner Sharief

ACTION:  (T-10:20 AM)  Approved with the Yellow-Sheeted Additional Material, dated January 9, 2018, submitted at the request of Commissioner Sharief.

VOTE: 8-0.  Commissioner Geller was not present.
 

MOTION TO ADOPT Resolution No. 2018-003 of the Board of County Commissioners of Broward County, Florida, adopting the Broward County Transit Development Plan 2018-2027 (TDP) Annual Update, and providing for an effective date.

ACTION:  (T-10:20 AM)  Approved.

VOTE: 8-0.  Commissioner Geller was not present.

MOTION TO ADOPT Resolution No. 2018-004 of the Board of County Commissioners of Broward County, Florida, authorizing the Director of the Transportation Department to submit a Grant Application to the Federal Transit Administration for Federal Grant Program funds pursuant to 49 U.S.C. Section 5339(C), for Low Or No Emissions Competitive Federal Grant Program funds in the amount of $1,000,000, for the purchase of electric over-the-road buses; and authorize the County Administrator to take any necessary administrative and budgetary actions to implement the grant.

ACTION:  (T-10:20 AM)  Approved.

VOTE: 8-0.  Commissioner Geller was not present.

MOTION TO AUTHORIZE Director of Purchasing to negotiate and execute the Third Amendment to the Agreement Between Broward County and Fitch & Associates LLC, in a form approved by the Office of the County Attorney, to increase the not-to-exceed amount for Optional Services; and to authorize the County Administrator to execute all administrative and budgetary actions needed to implement.

ACTION:  (T-10:20 AM)  Approved, as amended, with the Yellow-Sheeted Additional Material, dated January 9, 2018, submitted at the request of the Office of Regional Communications and Technology.

VOTE: 8-0.  Commissioner Geller was not present.

A. MOTION TO APPROVE master support agreement with PetSmart Charities, Inc., in the amount of $50,000 for the Animal Care and Adoption Division of the Environmental Protection and Growth Management Department to procure and provide free microchips and microchipping services to the pets of Broward County residents, during the Division's monthly Rabies Vaccination Clinic Events from January 9, 2018 through January 8, 2019; and authorize the County Administrator to take the necessary administrative and budgetary actions to execute the grant.

ACTION:  (T-10:20 AM)  Approved.

VOTE: 8-0.  Commissioner Geller was not present.

B. MOTION TO ADOPT budget Resolution No. 2018-005 within the PetSmart Grant Fund to appropriate revenue in the amount of $50,000 for the purpose of procuring and providing microchips and microchipping services.

ACTION:  (T-10:20 AM)  Approved.

VOTE: 8-0.  Commissioner Geller was not present.

A. MOTION TO APPROVE Memorandum of Understanding (MOU) between the State of Florida, Department of Education, Office of Early Learning and Broward County, providing for the County to perform School Readiness Program inspections, commencing on the date of full execution by the parties through June 30, 2020, contingent upon approval of Motion B; authorizing the Mayor and Clerk to execute same; and to authorize the County Administrator to make the necessary administrative actions to implement the MOU.

ACTION:  (T-10:20 AM)  Approved.

VOTE: 8-0.  Commissioner Geller was not present.

B. MOTION TO APPROVE Amendment No. 0001 to Agreement No. JC206 between the State of Florida Department of Children and Families and Broward County, relating to child care licensing and enforcement; increasing annual funding by $75,000 for three years (a total of $225,000) and increasing the total contract amount to $2,022,790; requiring the County to perform State School Readiness Program inspections in accordance with the MOU referenced under Motion A; effective on the date executed by both parties and contingent upon approval of Motion A; authorizing the Mayor and Clerk to execute same; and to authorize the County Administrator to make the necessary administrative and budgetary actions to implement the Amendment.

ACTION:  (T-10:20 AM)  Approved.

VOTE: 8-0.  Commissioner Geller was not present.

C. MOTION TO ADOPT budget Resolution No. 2018-006 within the Child Care Block Grant Fund in the amount $225,000 for State Fiscal Years 2017-2018, 2018-2019, and 2019-2020, for the purpose of conducting licensing activities for child care facilities and family child care homes and School Readiness Program Provider monitoring activities, contingent upon approval of Motions A and B.

ACTION:  (T-10:20 AM)  Approved.

VOTE: 8-0.  Commissioner Geller was not present.

D. MOTION TO APPROVE creation of one full-time grant position within the Child Care Block Grant Fund for the purpose of completing licensing activities and School Readiness Program inspections, contingent upon approval of Motions A and B.

ACTION:  (T-10:20 AM)  Approved.

VOTE: 8-0.  Commissioner Geller was not present.

MOTION TO FILE Annual Financial Report for the Tree Preservation Trust Fund for Fiscal Year ended September 30, 2017.

ACTION:  (T-10:20 AM)  Approved, as amended, with the Yellow-Sheeted Additional Material, dated January 9, 2018, submitted at the request of Environmental Protection and Growth Management Department.

VOTE: 8-0.  Commissioner Geller was not present.

MOTION TO APPROVE Release and Assignment of Claim for the benefit of Fidelity and Deposit Company of Maryland; and authorize the Mayor and Clerk to execute the same.

ACTION:  (T-10:20 AM)  Approved, as amended, with the Yellow-Sheeted Additional Material, dated January 9, 2018, submitted at the request of the Office of the County Attorney.

VOTE: 8-0.  Commissioner Geller was not present.

MOTION TO APPROVE Naming of the new pocket park, located in the Broward Municipal Services District at 1955 Southwest 50th Avenue, Fort Lauderdale, as “Washburn Park” pursuant to Section 18.43 of the Broward County Administrative Code, “Naming Broward County-owned Property, Buildings, Structures, and Facilities.” (Commission District 7)

ACTION:  (T-10:20 AM)  Approved.

VOTE: 8-0.  Commissioner Geller was not present.

MOTION TO ACKNOWLEDGE AND FILE Office of the County Auditor’s Audit of Pharmacy Benefit Management Services Agreement performed by StoneBridge Business Partners.

(This item was pulled by Commissioner Udine)

ACTION:  (T-10:41 AM)  Approved.  The Board requested that information be brought back to the Board in one month as to pharmaceutical rebates and amending contract language going forward.  (Refer to minutes for full discussion.)

VOTE:  8-0  Commissioner Geller was not present.

MOTION TO APPROVE Agreement Between Broward County and City of Fort Lauderdale for Parking Access In The County Parking Garage in substantially the form attached as Exhibit 1; authorizing the Offices of the County Administrator and the County Attorney to negotiate and draft final language; and authorizing the County Administrator to execute the final agreement on behalf of Broward County.

ACTION:  (T-10:20 AM)  Approved.

VOTE: 8-0.  Commissioner Geller was not present.

A. MOTION TO APPROVE Grant Agreement between Broward County (“County”) and the State of Florida Department of Environmental Protection (“DEP”) Recreational Trails Program for $122,790 in grant funding for the development of Long Key South Trail, Project Number T17005 Non-motorized Diverse Use Trail, at Long Key Nature Center; and authorize the County Administrator to take the necessary administrative and budgetary actions to accept the grant and execute the Grant Agreement and any non-monetary amendments to the Grant Agreement. County match of $81,860 cash or in-kind service required. (Commission District 5)

(A member of the public pulled this item.)

ACTION:  (T-11:15  AM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 8-0.  Commissioner Geller was not present.

B. MOTION TO ADOPT budget Resolution No. 2018-007 within the Department of Transportation - Federal Highway Administration Fund to appropriate revenue in the amount of $204,650 for development of the Long Key South Trail at Long Key Nature Center. (Commission District 5)

(A member of the public pulled this item.)

ACTION:  (T-11:15  AM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 8-0.  Commissioner Geller was not present.

C. MOTION TO ADOPT budget Resolution 2018-008 within the General Fund transferring funds from the grant cash match reserve in the amount of $77,160 to provide the cash match for the Long Key South Trail project. (Commission District 5)

(A member of the public pulled this item.)

ACTION:  (T-11:15  AM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 8-0.  Commissioner Geller was not present.

D. MOTION TO APPROVE Non-Disturbance Agreement between Central Broward Water Control District and County; and authorizing the Mayor and Clerk to execute same. (Commission District 5)

(A member of the public pulled this item.)

ACTION:  (T-11:15  AM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 8-0.  Commissioner Geller was not present.

MOTION TO ADOPT Resolution No. 2018-009 directing the County Administrator to publish Notice of Public Hearing to be held in Tuesday, January 23, 2018, at 10:00 a.m., in Room 422 of the Governmental Center to consider adoption of a proposed Resolution Amending Section 18.63 of the Broward County 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-10:20  AM)  Approved. (Refer to minutes for full discussion.)

VOTE: 8-0.  Commissioner Geller was not present.

MOTION TO ADOPT Resolution No. 2018-012 directing the County Administrator to publish Notice of Public Hearing to be held on January 23, 2018, at 10:00 a.m., to consider enactment of an Ordinance adopting a Small Scale land use plan amendment to the Broward County Land Use Plan of the Broward County Comprehensive Plan, PC 18-1, located in the City of Dania Beach (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.

(A member of the public pulled this item.)

ACTION:  (T-11:17  AM)  Approved. 

VOTE: 8-0.  Commissioner Geller was not present.

MOTION TO CONSIDER adoption of a Resolution 2018-014 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 DEFERRED COMPENSATION PLANS; AMENDING SECTION 22.106 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE") TO ALLOW MEMBERS OF THE COUNTY ATTORNEY'S SENIOR MANAGEMENT TEAM AND THE DEPUTY COUNTY AUDITOR TO RECEIVE A DEFERRED COMPENSATION MATCH; AUTHORIZING THE COUNTY ADMINISTRATOR TO TAKE ANY ADMINISTRATIVE AND BUDGETARY ACTIONS AND EXECUTE ANY AGREEMENTS REQUIRED TO IMPLEMENT THIS RESOLUTION; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

ACTION:  (T-11:33 AM)  Approved.

VOTE:  8-0.  Commissioner Geller was not present.

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, RELATING TO THE PROHIBITION OF CONVERSION THERAPY ON MINORS; CREATING ARTICLE IX, OF CHAPTER 16½, ENTITLED "PROHIBITION OF CONVERSION THERAPY ON MINORS"; CREATING SECTIONS 16½-166 THROUGH 16½-169 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 8½-16 TO PROVIDE FOR INCLUSION OF PENALTIES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

ACTION:  (T-11:45 AM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.

VOTE:  8-0.  Commissioner Geller was not present.
 

(Sponsored by Commissioner Nan H. Rich, Mayor Beam Furr, Vice-Mayor Mark D. Bogen, and Commissioners Michael Udine, Steve Geller, Tim Ryan, Barbara Sharief, and Dale V.C. Holness)

MOTION TO AUTHORIZE County Administrator to execute an Agreement between Broward County and United Way of Broward County, Inc., in the amount of $150,000, retroactive from December 21, 2017, through June 30, 2018, for the purpose of providing emergency assistance, permanent housing and case management assistance to Broward County residents affected by Hurricane Irma; authorizing the County Administrator to execute amendments to the Agreement up to $500,000, subject to prior approval of same by the Office of County Attorney; and authorizing the County Administrator to take all administrative and budgetary actions needed to implement the Agreement.

(Items 37 and 50 were heard concurrently.)

ACTION:  (T-10:21 AM)  Approved.  (Per the Tuesday Morning Memorandum, MOTION TO AUTHORIZE:   Line 3, Currently reads:…in the amount of $150,000…should read..in the amount of $45,000 granted to Broward County…
Line 6, currently reads:…authorizing the County Administrator to execute amendments to the Agreement up to $500,000, should read:..authorizing the County Administrator to execute amendments to the Agreement up to $500,000 at no cost to Broward County…)

VOTE:  8-0.  Commissioner Geller was not present. 

MOTION TO ADOPT Resolution No. 2018-015 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, January 23, 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 CLAIMS AGAINST OR ON BEHALF OF BROWARD COUNTY; REPEALING AND REPLACING SECTION 1-51.3 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") TO CLARIFY AND MODIFY THE AUTHORITIES OF THE COUNTY ADMINISTRATOR AND THE COUNTY ATTORNEY; REPEALING SECTIONS 1-195 THROUGH 1-202 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-10:20 AM)  Approved.  (See Yellow-Sheeted Additional Material, dated January 9, 2018, submitted at the request of the Office of the County Attorney.)

VOTE:  8-0.  Commissioner Geller was not present.

A.  MOTION TO APPROVE Third Amendment to the Project Agreement between Broward County and the Florida Department of Transportation (FDOT) addressing updated project milestone dates within the agreement, as well as the Anticipated Project Schedule (Exhibit F to the Agreement), and; amending the Project Description (Exhibit A to the Project Agreement); authorizing County Administrator or designee to take all administrative and budgetary actions allowable under the contract's terms, as amended, subject to review and approval by the Office of the County Attorney; authorizing the County Administrator or designee to execute other project implementation documents consistent with the terms of the Project Agreement.

(Withdrawn for further staff review.)

B. MOTION TO AUTHORIZE Florida Department of Transportation (FDOT) to proceed with a new solicitation for a Design-Build Contract and finalize the Request for Proposals (RFP), presently in draft form, consistent with the Project Description approved in Motion A.

(Withdrawn for further staff review.)

MOTION TO ACCEPT nominations to appoint or reappoint two members to the Broward Housing Council (two positions).

(Transferred to the Consent Agenda.)

ACTION:  (T-10:20 AM)  Approved.

VOTE:  8-0.  Commissioner Geller was not present.

MOTION TO APPROVE Outdoor Event Agreement between Broward County and the City of Fort Lauderdale, closing a section of Southeast First Avenue, for the purpose of conducting the County's inaugural chalk art festival, Chalk-Lit, that will be held on January 13, 2018, at the Broward County Main Library and authorize the Mayor and Clerk to execute same. (Commission District 7)

(Transferred to the Consent Agenda.)

ACTION:  (T-10:20 AM)  Approved, as amended, with the Yellow-Sheeted Additional Material, dated January 9, 2018, submitted at the request of the Office of the County Attorney.

VOTE:  8-0.  Commissioner Geller was not present.

MOTION TO APPOINT Jay Work to the Medical Marijuana Advisory Board. (Commissioner Udine)

(Transferred to the Consent Agenda.)

ACTION:  (T-10:20 AM)  Approved.

VOTE:  8-0.  Commissioner Geller was not present.

ATTORNEY-CLIENT MEETING: Commencement of a private attorney-client meeting pursuant to Subsection 286.011(8), Florida Statutes, in order for the County Attorney to obtain Board guidance regarding settlement negotiations related to litigation in the matter of Pompano Beach Community Redevelopment Agency, et al. v. Broward County, 17th Judicial Circuit Court Case No. 14-009654 (18) on January 9, 2018, in Room 430 of the Governmental Center at 12:30 p.m., or after all other business of the County Commission regular meeting (apart from the agenda item discussing and directing the County Attorney to formally respond to the City's conceptual proposal) has been concluded, whichever is earlier. The persons scheduled to attend are: Mayor Beam Furr; Vice-Mayor Mark D. Bogen; Commissioners Nan H. Rich, Michael Udine, Chip LaMarca, Steve Geller, Tim Ryan, Barbara Sharief, and Dale V.C. Holness; County Administrator Bertha Henry; County Attorney Andrew J. Meyers; Deputy County Attorney René D. Harrod; and an official court reporter.

ACTION:  (T-1:02 PM)  Following a Board recess, the Board commenced an Attorney-Client Meeting.  (Refer to minutes for full discussion.)

MAYOR'S REPORT
 

A.  BROWARD COUNTY LIBRARIES

ACTION:  (T-4:50 PM)  Mayor Furr reported that Broward County launched a new program, titled Library for Life.  In addition, Mayor Furr reported that the Library's "read" this week is a book titled, In the Time of the Butterflies. (Refer to minutes for full discussion.)

B. CLIMATE SUMMIT

ACTION:  (T-4:51 PM)  Mayor Furr congratulated Environmental Planning and Community Resilience for putting on the Climate Summit.  (Refer to minutes for full discussion.)

C.  CONGRATULATIONS

ACTION:  (T-4:52 PM)  Mayor Furr congratulated Director of Human Services Kimm Campbell, as Ms. Campbell was recently recognized in Legacy Magazine as one of the Top 25 Most Influential Black Women.  (Refer to minutes for full discussion.)
 

MOTION TO DISCUSS and provide direction regarding Evaluation Committee procedures for scoring vendors in the Request for Proposal process for contracts to be awarded by the County. (Vice-Mayor Bogen)

(Per the Tuesday Morning Memorandum, Vice-Mayor Bogen requests the following:

REPLACEMENT MOTION:

MOTION TO DIRECT the County Administrator to revise the Request for Proposal scoring process for Evaluation Committee based procurements to require committee members whose overall score (does not include the scores for Location and Price) deviates 10% or greater from any  other committee member score, to provide a written statement explaining the rationale for the score to be included as part of the documentation to be presented to the Board and maintained in the official procurement file.)


ACTION:  (T-4:11 PM)  Following discussion, the Replacement Motion failed.  (Refer to minutes for full discussion.)

VOTE:  3-4.  Commissioners Bogen, Holness and Rich voted in the affirmative. Commissioner Geller was inaudible during the vote. Commissioner Sharief was not present. Commissioners LaMarca, Ryan, Udine and Mayor Furr voted no.

ACTION:  (T-5:01 PM)  Commissioner Holness noted that on Monday, January 15, 2018, he will be participating in the 2018 Holiday Celebration Parade and Unity March.  (Refer to minutes for full discussion.)