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ACTION AGENDA



MEETING OF FEBRUARY 6, 2018

(Meeting convened at 10:10 a.m., and adjourned at 12:59 p.m.)
 
PLEDGE OF ALLEGIANCE was led by Commissioner Tim Ryan, District 7.

CALL TO ORDER was led by Mayor Beam Furr, District 6.

MOMENT OF SILENCE

In memory of Gladys Llanes, longtime staffer of Senator Marco Rubio.

In memory of Dr. Mary Lindsey, Director of the Florida Home Instruction Program for Parents of Preschool Youngsters
(HIPPY)Training and Technical Assistance Center.

In memory of our brave men and women serving in the Armed Forces at home and abroad.


 
COMMISSIONER DISTRICT ATTENDANCE
Mark D. Bogen 2 Present
Beam Furr 6 Present
Steve Geller 5 *Present
Dale V.C. Holness 9 Present
Chip LaMarca 4 Present
Nan H. Rich 1 Present
Tim Ryan 7 Present
Barbara Sharief 8 *Present
Michael Udine 3 Present

*Commissioners Geller and Sharief participated telephonically for the entirety of the meeting.

 
 
             
 
CONSENT AGENDA
 
A motion was made by Commissioner LaMarca, seconded by Commissioner Holness and unanimously carried, to approve the Consent Agenda consisting of Items 1 through 27. At the request of the Mayor, Regular Items 33, 34, 35, 36, 37 and Supplemental Items 42, 43 and 47 were transferred to the Consent Agenda.

Public Hearing Items consist of Items 28 through 31.

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

The following items were withdrawn/deferred:  38 and 45.

The following items were pulled by the Board and considered separately:  12 and 18.

The following item was pulled by a member of the public and considered separately: 14.
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BOARD APPOINTMENTS
 
1.  
MOTION TO APPROVE Board Appointments
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A.  
MOTION TO APPOINT Richard C. Pfenniger to the Marine Advisory Committee. (Commissioner Holness)

ACTION:  (T-10:32 AM)  Approved with the Yellow-Sheeted Additional Material, dated February 6, 2018, submitted at the request of Commissioner Holness.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Additional Information - Agenda Item and County Attorney Letter
 
B.  
MOTION TO APPOINT Tommy B. Butts, Jr. to the Central Examining Board of General Construction Trades. (Commissioner Holness)

ACTION:  (T-10:32 AM)  Approved with the Yellow-Sheeted Additional Material, dated February 6, 2018, submitted at the request of Commissioner Holness.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Additional Information - Agenda Item and County Attorney Letter
 
C.  
MOTION TO APPOINT Marlon Weiss for appointment to the Consumer Protection Board. (Mayor Furr)

ACTION:  (T-10:32 AM)  Approved with the Yellow-Sheeted Additional Material, dated February 6, 2018, submitted at the request of Mayor Furr.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Additional Information - Agenda Item and County Attorney Memo
 
 
PUBLIC WORKS DEPARTMENT
 
  HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION
 
2.  
A. MOTION TO APPROVE Agreement between Broward County and the City of Miramar for trafficway beautification on Miramar Parkway from SW 68th Avenue to SW 64th Avenue, at no cost to the County; and authorize Mayor and Clerk to execute same. (Commission District 8)

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.


B. MOTION TO APPROVE Agreement between Broward County and the City of Miramar for trafficway illumination on Miramar Parkway from SW 68th Avenue to SW 64th Avenue, at no cost to the County; and authorize Mayor and Clerk to execute same. (Commission District 8)

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Beautification Agreement
Exhibit 2 - Illumination Agreement
 
 
HUMAN SERVICES DEPARTMENT
 
  COMMUNITY PARTNERSHIPS DIVISION
 
3.  
MOTION TO ADOPT Resolution No. 2018-036 of the Board of County Commissioners of Broward County, Florida, authorizing appropriation and disbursement of Ryan White Part A funds to Service Providers for Fiscal Year 2018 commencing March 1, 2018 in the estimated amount of $13,959,503; extending the terms of certain previously-approved agreements  for six months; authorizing the County Administrator to execute the extension amendments and  to take all necessary administrative and budgetary actions to implement the agreements; and providing for severability and an effective date.

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Resolution with Attachments A & B
 
 
TRANSPORTATION DEPARTMENT
 
  TRANSIT DIVISION
 
4.  
MOTION TO APPROVE threshold for open end contract with AmeriGas Propane, L.P., for Propane Gas and Tanks for Paratransit Vehicles, Bid No. V1294303B1, in the estimated amount of $3,183,211, from the current total contract threshold of $6,571,633 to $9,754,844. 

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT
 
  HOUSING FINANCE AND COMMUNITY REDEVELOPMENT DIVISION
 
5.  
MOTION TO AUTHORIZE application to be filed with the City of Fort Lauderdale for the revision of City Ordinance No. C-97-21 relating to the operating requirements of the Broward County Central Homeless Assistance Center located at 920 NW 7th Avenue in the City of Fort Lauderdale to permit the development and operation of a maximum of 100 multifamily housing units, to be utilized as permanent supportive housing units for formerly homeless persons and rental housing units for individuals earning up to 60% of the area median income, and authorizing the Broward Partnership for the Homeless, Inc. (BPHI) to act on behalf of the County in the filing and processing of the application. (Commission District 7)

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Request from BPHI
 
 
FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT
 
6.  
MOTION TO FILE Quarterly Investment Report as required by Section 22.93 of the Broward County Administrative Code.

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Quarterly Investment Report
 
  PURCHASING DIVISION Click to View
 
  For Human Services Department
 
7.  
MOTION TO APPROVE retroactive renewal of cooperative Contract No. G1253007G1 between Broward County and Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP), for Pharmaceutical Purchasing Program under State of Florida Contract No. 268-000-04-1, for the Broward Addiction and Recovery Division, for a one-year period in the estimated annual amount of $350,000, and authorize the Director of Purchasing to renew the contract for four one-year periods, for a total five-year potential estimated amount of $1,750,000. The renewal period begins on January 29, 2018 and terminates one year from that date.

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Existing Award Memo and State Contract Information
 
  For Public Works Department
 
8.  
MOTION TO AWARD open-end contract to low responsive, responsible bidder, Northeast II, Inc. DBA TC Delivers for Utility Bill Printing and Mailing Services, Bid No. K2114434B1, for Water and Wastewater Services, in the two-year estimated amount of $708,954, including an allowance in the amount of $520,000, and authorize the Director of Purchasing to renew the contract for three one-year periods, for a five-year potential estimated amount of $1,772,386. The initial contract period begins on the date of award and terminates two years from that date.

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Bid Tabulation
Exhibit 2 - Goal Memorandum dated December 19, 2016
Exhibit 3 - User Concurrence Memorandum signed December 27, 2017
Exhibit 4 - Price Analysis
 
9.  
A. MOTION TO APPROVE reasonable source designation for Water Treatment & Controls Company, for Wallace & Tiernan equipment, parts, and services for Water and Wastewater Services.

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.


B. MOTION TO AUTHORIZE Director of Purchasing to award resulting open-end contract to reasonable source, Water Treatment & Controls Company, for Wallace & Tiernan equipment, parts, and services for Water and Wastewater Services, in the annual estimated amount of $161,000, and authorize the Director of Purchasing to renew the contract for two, one-year periods, for a three-year potential estimated amount of $483,000. The initial contract period begins on the date of award and terminates one year from that date.

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Sole Source Sole Brand Request dated September 29, 2017
 
10.  
MOTION TO AWARD open-end contract to low bidder, Trio Development Corporation, for Sewer Lift Station, Rehabilitation and Repair, Bid No. Y2114640B1, for Water and Wastewater Services, in the annual estimated amount of $3,556,128, which includes allowances in the amount of $85,000 and authorize the Director of Purchasing to renew the contract for two one-year periods, for a three-year potential estimated amount of $10,668,384. The initial contract period begins on the date of award and terminates one year from that date, contingent upon receipt of the payment performance guaranty.

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Bid Tabulation
Exhibit 2 - Goal Compliance Memorandum dated November 1, 2017
Exhibit 3 - User Concurrence Memorandum signed November 20, 2017
Exhibit 4 - Price Analysis
 
11.  
A. MOTION TO APPROVE Agreement between Broward County and Walters Zackria Associates, PLLC for Request for Proposals (RFP) No. R2113758P1, Professional Architectural and Engineering Services for Reports and Studies for the Construction Management Division, for an initial three-year term to provide continuing term study activities on a work authorization basis, for which the fee for work authorizations shall not exceed a total of $500,000 for any one year for each continuing contract, and authorize the Director of Purchasing to extend the contract for two one-year renewal periods for a total not-to-exceed amount of $2,500,000, and authorize the Mayor and Clerk to execute same. 

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.

 
B. MOTION TO APPROVE Agreement between Broward County and ACAI Associates, Inc. for Request for Proposals (RFP) No. R2113758P1, Professional Architectural and Engineering Services for Reports and Studies for the Construction Management Division, for an initial three-year term to provide continuing term study activities on a work authorization basis, for which the fee for work authorizations shall not exceed a total of $500,000 for any one year for each continuing contract, and authorize the Director of Purchasing to extend the contract for two one-year renewal periods for a total not-to-exceed amount of $2,500,000, and authorize the Mayor and Clerk to execute same.

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Agreement Summary Sheet
Exhibit 2 - Walters Zackria Associates, PLLC, Agreement
Exhibit 3 - Agreement Summary Sheet
Exhibit 4 - ACAI Associates, Inc. Agreement
Exhibit 5 - Goals Compliance Memorandum dated August 11, 2017
 
  For Transportation Department
 
12.  
MOTION TO APPROVE Agreement between Broward County and Genfare, a Division of SPX Corporation, for Transit Mobile Ticketing and Fare Card Interoperability System, Request for Proposals (RFP) No. V1380512P1, in the total not-to-exceed amount of $8,980,892 for the initial three-year term, including $717,908 for optional services and $1,083,900 for spare parts for the duration of the contract, and authorize the Director of Purchasing to renew the agreement for seven optional one-year periods in the annual amount of $137,800, for a ten-year potential not-to-exceed amount of $9,945,492, and authorize the Mayor and Clerk to execute same. The initial term of this Agreement begins on the date of execution and terminates three years from the date of Mobile Ticketing Final Acceptance.

(Commissioner Ryan pulled this item.)

ACTION:  (T-12:00 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Agreement
Exhibit 3 - OESBD Goal Memorandum dated August 11, 2015
 
  RECORDS, TAXES, AND TREASURY DIVISION
 
13.  
A. MOTION TO APPROVE cancellation of warrants from Central Account No. xxxxxxxxx3785, Tax Refund Account No. xxxxxxxxx9850, Tax Redemption Account No. xxxxxxxxx0916, and Self Insurance Account No. xxxxxxxxx0518, due to having a stale date, being unclaimed, or not being negotiated.

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.


B. MOTION TO APPROVE cancellation of warrants from Central Account No. xxxxxxxxx3785, and Self Insurance Account No. xxxxxxxxx0518, due to being voided. Checks have been reissued.

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - List of Stale Dated, Unclaimed, or Not-Negotiated Checks
Exhibit 2 - List of Reissued Checks
Exhibit 3 - Warrants Memorandum Dated January 8, 2018
 
 
BROWARD MUNICIPAL SERVICES DISTRICT
 
14.  
MOTION TO ADOPT Resolution No. 2018-037 of the Board of County Commissioners of Broward County, Florida, certifying, pursuant to Section 220.183(3), Florida Statutes, that the 40 Lot Housing Infill Project located in the Broward Municipal Services District (BMSD) is consistent with the Broward County Consolidated Plan for community development actions approved by the U.S. Department of Housing and Urban Development (HUD), the Broward County Comprehensive Plan, the Central County Community Redevelopment Plan, and the Central County Targeted Planning and Economic Development Strategy for NW 27th Avenue; and providing for severability and an effective date.

(A member of the public pulled this item.)

ACTION:  (T-12:08 PM)  Approved.  The Board requested that information come back to the Board as to changing how the project is designed with a countywide initiative.  (Refer to minutes for full discussion.)

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Resolution
 
 
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QUASI-JUDICIAL CONSENT HEARING

ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT

 
PLANNING AND DEVELOPMENT MANAGEMENT DIVISION
 
15.  
MOTION TO CONSIDER APPROVAL of a plat entitled Rick Case Habitat Community (010-MP-17). (Commission District 2)

ACTION:  (T-10:32 AM)  Approved the plat subject to staff’s recommendations as outlined in the Development Review Report.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Development Review Report
 
16.  
MOTION TO CONSIDER APPROVAL of a plat entitled Deerfield Station Village (006-MP-17). (Commission District 2)

ACTION:  (T-10:32 AM)  Approved the plat subject to staff’s recommendations as outlined in the Development Review Report.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Development Review Report
 
17.  
MOTION TO CONSIDER APPROVAL of a plat note amendment to the North Broward School Replat (003-MP-15). (Commission District 2)

ACTION:  (T-10:32 AM)  Approved per staff's recommendations.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Staff Report
 
18.  
MOTION TO CONSIDER APPROVAL of a modification to conditions of plat approval on Delta Pompano (053-MP-08). (Commission District 2)

(Commissioner Udine pulled this item.)

ACTION:  (T-12:13 PM)  Approved per staff's recommendations.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.  Commissioner Udine abstained from voting, and was out of the room during the vote.
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Attachments
Exhibit 1 - Staff Report
 
 
END OF QUASI-JUDICIAL CONSENT HEARING

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COUNTY ADMINISTRATION
 
19.  
MOTION TO AMEND Broward County Board of County Commissioners' meeting schedule to reflect a clarification to the February schedule.

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Updated Calendar
 
 
CULTURAL DIVISION
 
20.  
MOTION TO APPROVE artwork design proposal for a site-specific artwork located at the Port Everglades Cruise Terminal 25 in an amount not-to-exceed $330,000 ($300,000 art and $30,000 contingency), which is currently budgeted in the Port Everglades Capital Improvement Fund. (Commission District 7)

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1- Concept and Design Proposal for Port Everglades Cruise Terminal 25 Art Project
 
21.  
MOTION TO FILE semi-annual grant report for the Fiscal Year 2017 in accordance with Chapter 29, Part II, Section 29.17(h.) of the Broward County Administrative Code relating to the Cultural Division’s cultural incentive (grants) agreements.

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Semi Annual Grant Report for Fiscal Year 2017
 
 
PARKS AND RECREATION DIVISION
 
22.  
MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending the Broward County Code of Ordinances and any necessary amendments to the Broward County Administrative Code, relating to pay parking at County parks, providing for parking regulations and fees, and enforcement of violations.

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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23.  
MOTION TO AUTHORIZE Director of Purchasing to execute a First Amendment to the Agreement between Broward County (“County”) and Jeff Ellis and Associates, Inc. (“Jeff Ellis”), for Aquatic Risk Management Consultant Services, in a form prepared and approved by the Office of the County Attorney, to extend the term of the Agreement for one year, under terms and conditions mutually agreed upon by County and Jeff Ellis, for compensation of a maximum amount not-to-exceed $100,000; and to authorize the County Administrator to take the necessary administrative and budgetary actions to implement same.

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Agreement
 
 
GREATER FORT LAUDERDALE CONVENTION AND VISITORS BUREAU
 
24.  
MOTION TO AUTHORIZE County Administrator to approve and execute Greater Fort Lauderdale Convention and Visitors Bureau (CVB) sponsorship agreements and amendments, not to exceed $900,000 from February 6, 2018 through April 6, 2018; subject to approval of the agreement form by the Office of the County Attorney; and authorize the County Administrator to take all administrative and budgetary actions related to the sponsorship agreements and any amendments.

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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PORT EVERGLADES DEPARTMENT
 
25.  
MOTION TO APPROVE waiver of dockage charges at Port Everglades for military ships participating in Fleet Week 2018 (April 30th - May 6th, 2018) in an amount not to exceed $125,000 in accordance with Port Everglades Tariff No. 12, Item No. 940; and direct the County Attorney to draft an amendment to the Administrative Code authorizing the Port Everglades Chief Executive/Port Director to take all necessary future actions to approve such dockage charge waivers specifically for the purposes of the annual Fleet Week at Port Everglades, in accordance with Port Everglades Tariff No. 12, Item No. 940.

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Request for Fleet Week 2018 Dockage Waiver
 
 
COUNTY COMMISSION
 
26.  
MOTION TO APPROVE waiver of bus fares for military personnel riding on Broward County Transit buses during Broward Navy Days Fleet Week 2018 (April 30th - May 6th, 2018), and providing for an effective date. (Commissioner LaMarca)

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Letter from Broward Navy Days, Inc.
 
27.  
MOTION TO APPROVE International travel for Commissioner Dale V.C. Holness on behalf of the Board of County Commissioners, promoting Florida-Costa Rica trade on the Florida Export Development Trade Mission to San Jose, Costa Rica on February 26 to March 1, 2018. (Mayor Furr)

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Summary of Trip
Exhibit 2 - Mission Information and Justification
 
 

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PUBLIC HEARING
 
28.  
MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows (due to a publication error, this item was not heard on January 23 as was originally intended and is instead being considered on February 6):

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)
 
ACTION:  (T-12:14 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.  (Scrivener’s Error – See County Administrator’s Report: Exhibit 1, Page 6, line 2, currently reads:  “…the Claim Amount that does…”  Should read: “…the Claim Amount does…”)

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Copy of Proposed Ordinance
Exhibit 2 - Copy of Fiscal Impact Statement
 
29.  
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 THE MEDICAL MARIJUANA ADVISORY BOARD; AMENDING SECTION 1-310 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"), MODIFYING TITLE OF CONSUMER ADVOCATE MEMBERSHIP CATEGORY AND ESTABLISHING REQUIREMENTS FOR QUALIFIED PATIENT ADVOCATE MEMBER; PROVIDING FOR DESIGNATION OF PREVIOUSLY APPOINTED MEMBER AS QUALIFIED PATIENT ADVOCATE; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by Commissioner Nan H. Rich)
 
ACTION:  (T-12:14 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.  

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
Click to View
 
Attachments
Exhibit 1 - Copy of Proposed Ordinance
Exhibit 2 - Copy of Fiscal Impact Statement
 
30.  
A. 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 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)
 
ACTION:  (T-12:15 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.

 
B. MOTION TO CONSIDER adoption of a Resolution No. 2018-038 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.

ACTION:  (T-12:15 PM)  Approved as amended, with the Purple-Sheeted Additional Material, dated February 6, 2018, submitted at the request of Environmental Protection and Growth Management. 

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.

 
Click to View
 
Attachments
Exhibit 1 - Copy of Proposed Ordinance
Exhibit 2 - Copy of Fiscal Impact Statement
Exhibit 3 - Copy of Proposed Resolution Amending the Administrative Code
Additional Material - Information
 
31.  
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, AMENDING SECTION 21-6 AND SECTION 8½-16 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") TO CREATE A BROWARD COUNTY ADULT CIVIL CITATION PROGRAM; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT, ELIGIBILITY, AND ACCOUNTABILITY; ADDRESSING SEIZURE OF EVIDENCE; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by Commissioners Dale V.C. Holness and Steve Geller)
 
ACTION:  (T-10:32 AM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law, as amended with Purple-Sheeted Additional Material, dated February, 6, 2018, submitted by the Office of Management and Budget. Commissioner Rich requested being a cosponsor to this item.  (Refer to minutes for full discussion.)  (See Purple-Sheeted Additional Material 31 and 31 (2).)

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Copy of Proposed Ordinance
Exhibit 2 - Copy of Fiscal Impact Statement
Additional Material - Information
Additional Material - Information
 
 
END PUBLIC HEARING

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REGULAR AGENDA
 
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DELEGATION
 
32.  
DELEGATION: Michael Anderson

ACTION:  (T-12:16 PM)  The Board heard the Delegation Request by Michael Anderson as to documents, as well as Electronic Recordkeeping - Florida Administrative Code, Chapter 1B-26.003.  (Refer to minutes for full discussion.)
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Attachments
Exhibit 1 - Delegation Request
 
 
HUMAN SERVICES DEPARTMENT
 
  COMMUNITY PARTNERSHIPS DIVISION
 
33.  
MOTION TO ADOPT Resolution No. 2018-039 of the Board of County Commissioners of Broward County, Florida, authorizing an appropriation and disbursement to YWCA of Greater Miami-Dade, Inc., during Fiscal Year 2018 in the amount of $53,025;  providing temporary child supervision services to eligible Broward County residents; authorizing the County Administrator to execute the standard form agreement with the approved organization and amendments thereto and to take any necessary budgetary or administrative actions to implement the agreement and any required amendments; and providing for severability and an effective date.

(Transferred to the Consent Agenda.)

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Resolution
Exhibit 2 - CSB Letter dated December 15, 2017
 
 
REQUEST TO SET FOR PUBLIC HEARING
 
34.  
MOTION TO ADOPT Resolution No. 2018-040 directing the County Administrator to publish Notices of Public Hearings to consider approval of the Amended and Restated Lease Agreement between Broward County and Port Everglades International Logistics Center, LLC. The Public Hearings will be held February 27, 2018, and March 20, 2018, at 10:00 a.m. in Room 422 of the Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, FL 33301. The long-term lease is for the design, construction, financing, operation and maintenance of a logistics center at Broward County's Port Everglades.

(Transferred to the Consent Agenda.)

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Resolution
Exhibit 2 - Notice to Publish
Exhibit 3 - September 14, 2017 Memo To Board
Exhibit 4 - October 30, 2017 Memo To Board
 
 
BOARD OF RULES AND APPEALS
 
35.  
MOTION TO ADOPT budget Resolution No. 2018-041 transferring funds from the Board of Rules and Appeals reserves in the amount of $206,195 for Fiscal Year 2018 to purchase training from National Fire Protection Association (NFPA) for all inspectors, plan examiners and supervisors located within Broward County who are certified by the Board of Rules and Appeals. Classes size will be between 25 and 27 people.

(Transferred to the Consent Agenda.)

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - BORA Agenda 11/9/17 - Approval for NFPA classes
Exhibit 2 - NFPA Contract
Exhibit 3 - Budget Resolution
 
 
COUNTY ATTORNEY
 
36.  
MOTION TO ADOPT Resolution No. 2018-042 authorizing the use of eminent domain to acquire certain property for the Countywide public safety communications infrastructure for public safety services.

(Transferred to the Consent Agenda.)

ACTION:  (T-10:32 AM)  Approved.  (See Yellow-Sheeted Additional Material, dated February 6, 2018, submitted at the request of Commissioner Udine.)

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Proposed Resolution with Exhibit “A”
Exhibit 2 - Mission Critical Partners Final Report
Additional Material - Information
 
37.  
A. MOTION TO AUTHORIZE Office of the County Attorney to submit a written offer to Plaintiffs in Shaw Farms & Land Company of Florida, LLC and Dania Place, LLC v. Broward County, et al., 17th Judicial Circuit Court Case No. 15-011648 (09) ("Shaw Litigation"), for the DDK Parcel, which consists of approximately seven acres inclusive of the royal palm trees determined to have been taken, in an amount up to but not exceeding $5,000,000, as determined by the County Administrator in conjunction with the Office of the County Attorney based upon current appraisal information and engineering and other considerations (Deferred from January 23, 2018 - Item No. 10)

(Transferred to the Consent Agenda.)

ACTION:  (T-10:32 AM)  Approved as amended with the Yellow-Sheeted Additional Material, dated February 6, 2018, submitted at the request of the Office of the County Attorney.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.


AND

B. MOTION TO AUTHORIZE Office of the County Attorney to submit the following alternative written offers to Plaintiffs in the Shaw Litigation for the balance of the property at issue (the "South Parcels"), which consists of approximately 30 acres that are subject to the declared flowage easement and are on the south side of 10th Street and east of US 1:
  1. The amount of $421,200 for a 26,000 square foot flowage easement, together with a binding, written commitment from the County to promptly construct a drainage system of approximately 1300 linear feet in length by 20 feet in width from 10th Street to the Dania canal; 
  2. The amount of $21,330,000, which represents 90% of the fair market value of the fee simple value of the South Parcels, conditioned upon a covenant that runs with the land that no development is permitted to take place on the South Parcels due to the County's right to use the entire site for flowage; or 
  3. The amount of $23,700,000, which represents 100% of the fair market value of the South Parcels, in exchange for fee simple title to the South Parcels.
(Transferred to the Consent Agenda.)

ACTION:  (T-10:32 AM)  Approved, as amended with the Yellow-Sheeted Additional Material, dated February 6, 2018, submitted at the request of the Office of the County Attorney.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.

 
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Attachments
Additional Material - Information
 
 
PUBLIC WORKS DEPARTMENT
 
  WATER AND WASTEWATER ENGINEERING DIVISION
 
38.  
MOTION TO TERMINATE FOR CONVENIENCE Agreement between Broward County and Lakdas/Yohalem Engineering, Inc., for Consultant Services for the North Regional Wastewater Treatment Plant - Structural Steel Replacement, RLI No. R1007403R1, approved by the Board of County Commissioners on August 13, 2013, Item No. 46. (Commission District 4)

ACTION:  (T-12:21 PM)  Following discussion, the Board deferred this item to its next meeting.  (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated February 6, 2018, submitted at the request of the Office of the County Attorney and Commissioner Holness.)

VOTE:  8-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.  Commissioner Udine abstained from voting, and was out of the room during the vote.
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Attachments
Exhibit 1 - Agreement
Exhibit 2 - First Notice to Proceed dated September 12, 2013
Exhibit 3 - Brown and Caldwell Blind Peer Review
Exhibit 4 - Notice of Intent to terminate Agreement dated June 20, 2016
Exhibit 5 - Staff review of submissions dated September 19, 2016
Exhibit 6 - Staff review of Bid Schedule, August 12, 2016
Exhibit 7 - Notice of Intent to terminate Agreement for cause dated September 12, 2016
Additional Material - Information
Additional Material - Information
Additional Material - Information
 
 
COUNTY COMMISSION
 
39.  
MOTION TO DISCUSS Commissioner Sharief’s appointment to the Culture Council. (Commissioner Sharief)

ACTION:  (T-12:43 PM)  Following discussion, the Board appointed Commissioner LaMarca to the Cultural Council.  (Scrivener’s Error – See County Administrator’s Report: Motion currently reads:  …appointment to the Culture Council. Should read: …Cultural Council.)  (Refer to minutes for full discussion.)

VOTE:  8-0. 
Commissioners Geller and Sharief voted in the affirmative telephonically.  Commissioner Udine was out of the room during the vote.
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40.  
MAYOR'S REPORT

A.  AVAILABILITY FOR CANVASSING BOARD

ACTION:  (T-12:55 PM)  Mayor Furr asked the Board for their availability for the Canvassing Board.  (Refer to minutes for full discussion.)

B.  FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT

ACTION:  (T-12:56 PM)  Mayor Furr referenced the opening of Terminal 1 and 2 at Fort Lauderdale-Hollywood International Airport.  (Refer to minutes for full discussion.)
 
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41.  
COUNTY ADMINISTRATOR'S REPORT
 
(No report given.)
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SUPPLEMENTAL AGENDA
 
 
FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT
 
  PURCHASING DIVISION
 
  For Transportation Department
 
42.  
MOTION TO APPROVE final ranking of the single qualified firm for Request for Proposals (RFP) No. V2114784P1, Consultant Services for Fiscal Years 2019-28 Transit Development Plan; the single ranked firm is: Tindale-Oliver & Associates, Inc. DBA Tindale Oliver; authorize staff to proceed with negotiations, and; authorize the Director of Purchasing to execute the agreement in an amount not-to-exceed $500,000.

(Transferred to the Consent Agenda.)

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Summary Meeting Minutes
Exhibit 2 - Three-Question Matrix and References
 
 
COUNTY COMMISSION
 
43.  
MOTION TO RETROACTIVELY APPROVE Travel for Commissioner Chip LaMarca to travel to Tallahassee on Tuesday, January 30, 2018 to advocate for Broward County on behalf of the Board of County Commissioners regarding its legislative priorities. (Commissioner LaMarca)

(Transferred to the Consent Agenda.)

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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44.  
MOTION TO DIRECT Office of the County Attorney to draft an amendment to Section 1-19, Broward County Code of Ordinances, "Code of Ethics for Elected Officials," to provide that appearances by elected officials in public service announcements shall not be considered impermissible gifts to the extent they would otherwise be permitted under Florida law. (Commissioner Sharief)

ACTION:  (T-12:45 PM)  Approved.  In addition, the Board requested that the County Attorney's Office look at variations of restrictions of use for Public Service Announcements relative to elections.  (Refer to minutes for full discussion.)

VOTE:  7-0. 
Commissioners Geller and Sharief voted in the affirmative telephonically.  Commissioners Ryan and Udine were out of the room during the vote.
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45.  
A. MOTION TO ACCEPT County Administrator's recommendation not to renew the June 26, 2012, Agreement Between Sun-Bergeron Solid Waste Disposal Services JV ("Sun-Bergeron") and Broward County for Solid Waste Disposal Services (the "Sun-Bergeron Agreement"); and

(Withdrawn at the request of the Mayor.)  (This item will be brought back for consideration at a later date.)  (See Yellow-Sheeted Additional Material, dated February 6, 2018, submitted at the request of County Administration.) 

B. MOTION TO DIRECT County Administrator to send Participating Communities to the Interlocal Agreement between the County and Participating Communities for Solid Waste Disposal Support Services dated September 1, 2012 (the "ILA") a proposed first amendment to the ILA in substantially the same form as attached, to authorize the Office of the County Attorney to make non-substantive changes to the same, and to authorize the County Administrator to execute the first amendment on behalf of the County with each willing Participating Community. (Mayor Furr)

(Withdrawn at the request of the Mayor.)  (This item will be brought back for consideration at a later date.)  (See Yellow-Sheeted Additional Material, dated February 6, 2018, submitted at the request of County Administration.) 
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Attachments
Exhibit 1 - June 2012 Agreement Between Sun-Bergeron Solid Waste Services JV and the County for Solid Waste Disposal Services
Exhibit 2 - June 2012 Agreement Between Wheelabrator Environmental Services Inc. and the County for Solid Waste Disposal Services
Exhibit 3 - September 1, 2012 Interlocal Agreement between the County and Participating Communities for Solid Waste Disposal Support Services
Exhibit 4 - May 2015 Global Amendment to the June 2012 Agreement Between Wheelabrator Environmental Services and the County for Solid Waste Disposal Services
Exhibit 5 - Proposed First Amendment to the 2012 Interlocal Agreement with Participating Communities
Additional Material - Information
 
 
COUNTY ATTORNEY
 
46.  
MOTION TO AFFIRM, APPROVE, AND RATIFY actions taken by the Board on January 23, 2018, on Agenda Item No. 41, which (1) authorized the Florida Department of Transportation ("FDOT") to finalize a new solicitation for a Design-Build Contract for the Wave Streetcar Project, and (2) approved the Third Amendment to the Wave Project Agreement between Broward County and the Florida Department of Transportation (the "Third Amendment"), with the above-referenced authorization and approval both subject to approval and execution, on or before February 9, 2018, by the City of Fort Lauderdale (the "City") and the Downtown Development Authority of the City of Fort Lauderdale (the "DDA") of a proposed amendment to the Interlocal Agreement ("ILA") containing specified terms; modifying the above-referenced authorization and approval such that they are now based on approval and execution (with executed copies returned to the County) by the City and the DDA, on or before February 9, 2018, of the Amended and Restated ILA (the "Restated ILA"), with any nonsubstantive changes thereto as approved by the County Attorney; approving the Restated ILA with any nonsubstantive changes thereto as approved by the County Attorney; authorizing the Mayor and Clerk to execute the Third Amendment and Restated ILA with any such nonsubstantive changes; authorizing the County Administrator or designee to take all administrative and budgetary actions required under the terms of the Wave Project Agreement, as amended, and under the Restated ILA; and authorizing the County Administrator or designee to execute other project implementation documents consistent with the terms of the Wave Project Agreement, as amended, and the Restated ILA.

ACTION:  (T-10:41 AM)  Approved.  (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated February 6, 2018, submitted at the request of the Office of the County Attorney and County Administration.)

VOTE:  5-4.  Commissioners Bogen, Ryan and Mayor Furr voted in the affirmative. Commissioners Geller and Sharief voted in the affirmative telephonically.  Commissioners Holness, LaMarca, Rich and Udine voted no.
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Attachments
Exhibit 1 - Amended and Restated Interlocal Agreement
Additional Material - Information
Additional Material - Information
 
 
FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT
 
  ACCOUNTING DIVISION
 
47.  
MOTION TO APPROVE Second Amendment to the Agreement between Broward County and UniRush, LLC for Electronic Payroll Services.

(Transferred to the Consent Agenda.)

ACTION:  (T-10:32 AM)  Approved.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
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Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Second Amendment to Agreement
 
 
NON-AGENDA
 
48.   SISTRUNK HISTORICAL FESTIVAL - COMMISSIONER HOLNESS

ACTION:  (T-12:57 PM)  Commissioner Holness pointed out that Sistrunk Historical Festival is being held on Saturday, February 24, 2018, at 9:00 a.m.  (Refer to minutes for full discussion.)
 
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49.   MEETINGS - COMMISSIONER GELLER

ACTION:  (T-12:58 PM)  Commissioner Geller noted that he will be attending a Lobbyist Meeting for Broward County, as well as will be attending Broward Days.  (Refer to minutes for full discussion.)
 
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