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ACTION AGENDA



MEETING OF MAY 9, 2017

(Meeting convened at 10:04 a.m., and adjourned at 12:28 p.m.)

 
PLEDGE OF ALLEGIANCE was led by Commissioner Michael Udine, District 3.

CALL TO ORDER was led by Mayor Barbara Sharief, District 8.

MOMENT OF SILENCE

In memory of our brave men and women serving our country 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
 
             
 
"BROWARD MEANS BUSINESS" MOMENT

On behalf of the Board, Mayor Sharief presented a Proclamation to Georgia Pig Barbecue.

 
On behalf of the Board, Commissioner Holness presented a Proclamation for National Salvation Army Week.
 
On behalf of the Board, Commissioner LaMarca presented a Proclamation for National Women’s Lung Health Week/Turquoise Takeover Week.


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 31. At the request of the Mayor, Regular Items 39, 40, and 41 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 items were pulled by the Board and considered separately:  4, 20, 30, and 31.

The following item was deferred 4-A.

The following Public Hearing Items were continued:  32, 34, and 35.
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BOARD APPOINTMENTS
 
1.  
MOTION TO APPROVE Board Appointments
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A.  
MOTION TO APPOINT Joanne Oyen to the Animal Care Advisory Committee. (Commissioner Geller)

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
Click to View
 
Attachments
Exhibit 1 - County Attorney Memo of Qualification for Joanne Oyen
 
B.  
MOTION TO APPOINT Omar Giraldo to the Consumer Protection Board. (Commissioner LaMarca)

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - County Attorney Memo of Qualification
 
C.  
MOTION TO REAPPOINT Elaine Terner to the Advisory Board for Individuals with Disabilities. (Commissioner Rich)

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - County Attorney Memo of Qualification
 
 
PUBLIC WORKS DEPARTMENT
 
  HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION
 
2.  
A. MOTION TO APPROVE County Incentive Grant Program Agreement between Broward County and the Florida Department of Transportation for the design of improvements to Wiles Road from University Drive to Riverside Drive, at a maximum-not-to-exceed amount of $600,000 to the County; and authorize Mayor and Clerk to execute same. (Commission District 3)

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.

 
B. MOTION TO AUTHORIZE Director of Highway Construction and Engineering Division to approve and execute amendments to the County Incentive Grant Program Agreement with Florida Department of Transportation for improvements to Wiles Road from University Drive to Riverside Drive, limited to extending the expiration date and provided that the amendment does not result in any additional cost to the County.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
Click to View
 
Attachments
Exhibit 1 - Agreement
 
3.  
MOTION TO APPROVE Revocable License Agreement between Broward County, the City of Fort Lauderdale and West Cypress Partners, LLC for installation and maintenance of improvements along the south side of Cypress Creek Road approximately 435 feet east of Powerline Road in the City of Fort Lauderdale, at no cost to the County; and authorize Mayor and Clerk to execute same. (Commission District 9)

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - Revocable License Agreement
Exhibit 2 - Location Map
 
 
OFFICE OF MANAGEMENT AND BUDGET
 
4.  
A. MOTION TO ADOPT budget Resolution within the General Fund for the Broward Sheriff's Office (BSO) in the amount of $12,000,000 for the purpose of re-allocating funds from the BSO Reserve for Future Capital to fund replacement capital equipment including two helicopters and a mobile command post vehicle.

(Commissioner Udine pulled this item.)

ACTION:  (T-10:32 AM)  Following discussion, the Board deferred Item 4A for two weeks. The Board requested that detailed back-up be provided to the Board relative to equipment purchases, and updated information as to the fleet. (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated May 9, 2017, submitted at the request of the Office of Management and Budget.)

VOTE:  9-0.


B. MOTION TO ADOPT budget Resolution No. 2017-255 within the General Fund for the Broward Sheriff's Office (BSO) in the amount of $746,172 for the purpose of reallocating personal services budget from the Department of Detention to the Department of Law Enforcement.

(Commissioner Udine pulled this item.)

ACTION:  (T-10:32 AM)  Approved.  (Refer to minutes for full discussion.) (See Yellow-Sheeted Additional Material dated May 9, 2017, submitted at the request of County Administration.)

VOTE:  9-0.
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Attachments
Exhibit 1 - Appropriations Request
Exhibit 2 - Budget Resolution
Exhibit 3 - Budget Resolution
Exhibit 4 - Reallocation Request
Additional Material - Information
Additional Material - Information
 
 
OFFICE OF REGIONAL COMMUNICATIONS AND TECHNOLOGY
 
5.  
MOTION TO APPROVE Third Amendment to the Agreement between Broward County and West Safety Solution Corporation f/k/a Intrado Systems, Corporation, for the Sales, Software License and Maintenance Agreement for certain goods and services related to the E9-1-1 emergency response system, and to authorize Mayor and Clerk to execute same.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - Third Amendment to the Agreement Between Broward County and West Safety Solutions Corporation
Exhibit 2 - Third Amendment to the Agreement Between Broward County and West Safety Solutions Corporation: Schedule 2
 
6.  
A. MOTION TO APPROVE Sole Source designation of Motorola Solutions, Inc. for the procurement, installation, configuration and optimization of P25-compliant radio consolettes.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.

 
B. MOTION TO APPROVE Third Amendment to the Master Maintenance and Services Agreement between Broward County and Motorola Solutions, Inc., increasing Optional Services, Radio Services, Scope of Work (SOW-1) in the amount of $1,027,606, from the current threshold of $1,620,000 to $2,647,606 for an increase in the total contract amount from $13,711,213 to $14,738,819; changing the agreement term to match the County’s Fiscal Year; and authorizing Mayor and Clerk to execute same.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.


C. MOTION TO APPROVE Work Authorization No. WA-OCT-RADIO-006 in accordance with the Master Maintenance Services agreement between Broward County and Motorola Solutions, Inc., in the not to exceed amount of $987,745 for the procurement, installation, configuration, and optimization of 78 back up 9-1-1 radio consolettes for three Emergency 911 regional communications dispatch centers; and authorizing Mayor and Clerk to execute same.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - Motorola 3rd amendment
Exhibit 2 - Motorola WA Radio 006 Consolettes
Exhibit 3 - Sole Source Memorandum dated November 1, 2016
 
 
COUNTY ATTORNEY
 
7.  
MOTION TO APPROVE settlement, including costs and attorney's fees, in the case of Esther Rojas v. Broward County, 17th Judicial Circuit Court Case No. 15-020780.13.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT
 
 
ENVIRONMENTAL ENGINEERING AND PERMITTING DIVISION
 
8.  
MOTION TO ACCEPT Joint Deed of Conservation Easement Third Party Beneficiary Rights to the U.S. Army Corp of Engineers from Meadow Pines Community Development District over an on-site wetland mitigation area comprising 55 acres of real property located directly west of I-75 between Pines Boulevard and Pembroke Road in the City of Pembroke Pines, and authorize the Mayor and Clerk to execute same. (Commission District 8)

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - Location Map
Exhibit 2 - Conservation Easement
Exhibit 3 - Environmental Resource License
Exhibit 4 - ACOE Permit
 
  ENVIRONMENTAL PLANNING AND COMMUNITY RESILIENCE DIVISION
 
9.  
MOTION TO APPROVE Interlocal Agreement between Broward County and the City of Deerfield Beach providing for cost share support to the Regional Water Conservation Incentives Program to be coordinated by Broward County within the water utility service area and reimbursing Broward County for specific activities associated with program administration, promotion, and implementation, effective upon full execution, for a period of 60 months at a total cost to the City not-to-exceed $143,708 (Broward County program cost share not-to-exceed $500,000); and authorize the Mayor and Clerk to execute same. (Commission Districts 2 and 4)

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Interlocal Agreement
 
  HOUSING FINANCE AND COMMUNITY REDEVELOPMENT DIVISION
 
10.  
MOTION TO ADOPT Resolution No. 2017-256 of the Board of County Commissioners of Broward County, Florida, approving and authorizing (i) an Assignment, Assumption, Consent and Release Agreement related to the Land Use Restriction Agreement dated as of May 1, 2001, of Emerald Palms Apartments; (ii) a First Amendment to Land Use Restriction Agreement; (iii) a Subordination Agreement for Regulatory Agreement; (iv) a Satisfaction of Mortgage; and (v) an Escrow Trust Deposit and Defeasance Agreement in connection with its $15,900,000 Multifamily Housing Revenue Bonds (Emerald Palms Apartments Project), Series 2001A and its $700,000 Taxable Multifamily Housing Revenue Bonds (Emerald Palms Apartments Project), Series 2001B; approving and authorizing the execution and delivery of certain other documents in connection therewith; and providing an effective date. (Commission District 7)

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - County Resolution
Exhibit 2 - HFA Resolution
 
  PLANNING AND DEVELOPMENT MANAGEMENT DIVISION
 
11.  
MOTION TO APPROVE Agreement between Broward County and State of Florida, Department of Health, Broward County for Collection of Plat Review Fees.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - Agreement
 
 
FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT
 
12.  
MOTION TO FILE Quarterly Investment Report as required by Section 22.93 of the Broward County Administrative Code.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - Quarterly Investment Report
 
  ENTERPRISE TECHNOLOGY SERVICES
 
13.  
A. MOTION TO APPROVE only reasonable source designation of Kronos Incorporated, for the Enterprise Time and Attendance System to extend the current Agreement for approximately 21 months. The System is currently being used county-wide to maintain accurate accounting of employee time keeping.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.


B. MOTION TO APPROVE Fifth Amendment to the Agreement between Broward County and Kronos Incorporated, for the Enterprise Time and Attendance System, (RLI) No. R0865206R1 extending the current Agreement for approximately 21 months, from June 12, 2017 to March 28, 2019, and increase the applicable funding amounts by $1,100,000 for a total not-to-exceed contract amount of $4,599,996; and to authorize the Mayor and Clerk to execute same.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Fifth Amendment
Exhibit 3 - Reasonable Source Memorandum
Exhibit 4 - CBE Memorandum
 
  PURCHASING DIVISION Click to View
 
  For Finance and Administrative Services Department
 
14.  
MOTION TO APPROVE Eighth Amendment to Renew the Interlocal Agreement between Broward County and Miami-Dade County, for Reciprocity of Local Preference Ordinances and Programs, for a two-year term ending on September 30, 2019, authorizing the Mayor to execute the Interlocal Agreement, and directing the County Administrator to file the renewal in accordance with Section 163.01, Florida Statutes, contingent upon execution of a local preference Statement of Substantial Similarity by the Broward County Administrator and the Miami-Dade County Mayor within 60 days following the full execution of the Interlocal Agreement.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - Eighth Amendment to Renew Interlocal Agreement
Exhibit 2 - Statement of Substantial Similarity
Exhibit 3 - Interlocal Agreement Data Reporting Analysis
Exhibit 4 - Chronology of Interlocal Agreement
 
  For Greater Fort Lauderdale Convention and Visitors Bureau
 
  For Port Everglades Department
 
15.  
MOTION TO AWARD open-end contract to low bidder, Carrier Rental Systems, Inc., for Emergency Air Conditioning and Equipment Rental Services, Bid No. X2112133B1, for Broward County Port Everglades, in the annual estimated amount of $195,906 including a pass-thru for permits in the amount of $5,000, and authorize the Director of Purchasing to renew the contract for two one-year periods, for a three-year potential estimated amount of $587,718. The initial contract period begins on the date of award and terminates one year from that date.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - Bid Tabulation
Exhibit 2 - Sheltered Market Review Form dated July 28, 2016
Exhibit 3 - User Concurrence Memorandum dated February 24, 2017
Exhibit 4 - Price Analysis
 
16.  
MOTION TO APPROVE Agreement between Broward County and Ross & Baruzzini, Inc., for Continuing Services for Security Systems and Infrastructure Project Management Services, Request for Proposals (RFP) No. X1424609P1, for Broward County Port Everglades Department, for an initial three-year term in the maximum not-to-exceed amount of $500,000 annually, and authorize the Director of Purchasing to renew the Agreement for two one-year periods, for a five-year maximum not-to-exceed amount of $2,500,000; and authorize the Mayor and Clerk to execute same. The Agreement will begin upon full execution and terminate three years from that date.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Agreement
Exhibit 3 - Goal Compliance Memorandum dated August 19, 2016
 
  For Public Works Department
 
17.  
MOTION TO APPROVE Agreement between Broward County and Synalovski Romanik Saye, LLC for Comprehensive Professional Architectural Consultant Services, Continuing Term, Request for Proposals (RFP) No. R1423107P1, in the initial three-year not-to-exceed amount of $3,000,000, and authorize the Director of Purchasing to renew the agreement for one two-year period, for a five-year potential not-to-exceed amount of $5,000,000, 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 that date.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Agreement
Exhibit 3 - Goal Compliance Memorandum dated July 22, 2016
 
18.  
MOTION TO APPROVE extension of the interim contract between Broward County and Broward Elevator & Lift, LLC, No. E0915403X1 (Non-Critical Units), with the same terms and conditions of the original agreement, No. E0915403B1, on a month-to-month basis, with an effective date of May 24, 2017 through October 31, 2017, in the estimated amount of $6,000 per month not-to-exceed $30,000, for the Facilities Management Division, Water and Wastewater Services, Parks and Recreation Division and the Libraries Division.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - E0915403B1 Interim Contract Extension
Exhibit 2 - Protest Response Eastern Elevator Inc.
 
 
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QUASI-JUDICIAL CONSENT HEARING

ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT

 
PLANNING AND DEVELOPMENT MANAGEMENT DIVISION
 
19.  
MOTION TO CONSIDER APPROVAL of a plat entitled Breton Park at Davie (040-MP-15). (Commission District 7)

ACTION:  (T-10:31 AM)
 Approved the plat subject to staff’s recommendations as outlined in the Development Review Report.

VOTE:  9-0.

 
Click to View
 
Attachments
Exhibit 1 - Development Review Report
 
20.  
MOTION TO CONSIDER APPROVAL of a plat entitled CALM (017-MP-16). (Commission District 7)

(Commissioner Ryan pulled this item.)

ACTION:  (T-10:41 AM)
 Approved the plat subject to staff’s recommendations as outlined in the Development Review Report.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Commissioner Ryan abstained from voting, and was out of the room during the vote.

 
Click to View
 
Attachments
Exhibit 1 - Development Review Report
 
21.  
MOTION TO CONSIDER APPROVAL of a plat entitled 1570 SW 13th Court Plat (031-MP-16). (Commission District 4)

ACTION:  (T-10:31 AM)
 Approved the plat subject to staff’s recommendations as outlined in the Development Review Report.

VOTE:  9-0.

 
Click to View
 
Attachments
Exhibit 1 - Development Review Report
 
22.  
MOTION TO CONSIDER APPROVAL of a plat note amendment to Nova South (034-MP-15). (Commission District 7)

ACTION:  (T-10:31 AM)
 Approved per staff's recommendations.

VOTE:  9-0.

 
Click to View
 
Attachments
Exhibit 1 - Staff Report
 
 
END OF QUASI-JUDICIAL CONSENT HEARING

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COUNTY ADMINISTRATION
 
23.  
MOTION TO APPROVE Agreement between Broward County and the City of West Park for improvements to County Line Road from SW 56th Avenue to approximately 525 feet east of SW 40th Avenue within the City of West Park, at a maximum not-to-exceed cost of $425,000 to the County, effective upon execution, and authorize the Mayor and Clerk to execute same. (Commission District 8)

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - Agreement
 
24.  
MOTION TO AMEND Broward County Board of County Commissioners' meeting schedule to reflect changes to the August schedule.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - Revised Calendar Update
 
 
LIBRARIES DIVISION
 
25.  
A. MOTION TO ADOPT Resolution No. 2017-257 of the Board of County Commissioners of Broward County, Florida, accepting a donation in the amount of $26,880 from Broward Public Library Foundation, Inc., through an endowment from the Albert Jacobs and Ann Jacobs Trust, to be deposited into the Broward County Library Trust Fund; authorizing expenditure of these funds to fund a staff position to enhance the Literacy Help Center at the County’s Lauderhill Towne Centre Branch Library; authorizing the County Administrator to take all administrative and budgetary actions to implement acceptance; and providing for severability and an effective date. (Commission District 9)

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.


B. MOTION TO ADOPT budget Resolution No. 2017-258 within the General Trust to appropriate revenue in the amount of $26,880 for the purpose of funding a staff position to enhance the Literacy Help Center at the County’s Lauderhill Towne Centre Branch Library.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
Click to View
 
 
 
Attachments
Exhibit 1 - Resolution
Exhibit 2 - Donor Letter
Exhibit 3 - Budget Resolution
 
26.  
A. MOTION TO ADOPT Resolution No. 2017-259 of the Board of County Commissioners of Broward County, Florida, accepting a donation of one original work of art by Brian Pinkney, an acclaimed illustrator, valued at over $500, to the Broward County Library Trust Fund, for the use and benefit of the Broward County African-American Research Library and Cultural Center; authorizing the County Administrator to take all administrative and budgetary actions to implement acceptance; and providing for severability and an effective date. (Commission District 9)

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.


B. MOTION TO ADOPT Resolution No. 2017-260 of the Board of County Commissioners of Broward County, Florida, accepting a donation of one Merlin 19-inch LCD video magnifier valued at over $500, to the Broward County Library Trust Fund, for the use and benefit of the Broward County Main Library; authorizing the County Administrator to take all administrative and budgetary actions to implement acceptance; and providing for severability and an effective date. (Commission District 7)

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
Click to View
 
Attachments
Exhibit 1 - Resolution (Pinkney)
Exhibit 2 - Donor Letter (Pinkney)
Exhibit 3 - Resolution (Boyarsky)
Exhibit 4 - Donor Letter (Boyarsky)
 
27.  
A. MOTION TO RETROACTIVELY APPROVE Agreement between the Children’s Services Council of Broward County (CSCBC) and Broward County in the amount of $23,216 for the Broward County Library to enhance the Summer Learning Program for delivery to Groups (SLP(G)) including Summer Camps supported by CSCBC funding among others, additionally SLP(G) services will be provided to 75 Family Child Care homes from May 1, 2017 to August 31, 2017, and authorize the Mayor to execute same.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.

 
B. MOTION TO ADOPT budget Resolution No. 2017-261 within the General Fund for the Libraries Division in the amount of $23,216 for the benefit of the Broward County Library Summer Learning Group program.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
Click to View
 
   
 
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Agreement
Exhibit 3 - Budget Resolution
 
 
REQUEST TO SET FOR PUBLIC HEARING
 
28.  
MOTION TO ADOPT Resolution No. 2017-262 directing the County Administrator to publish a Notice of Public Hearing to be held May 23, 2017 at 10:00 a.m. in the County Commissioners’ Meeting Room (Room 422), Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida, to consider an application for a new nonexclusive franchise of Lank Oil Company, to provide vessel bunkering services for a one-year term at Broward County's Port Everglades.

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
Click to View
 
 
 
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Resolution
Exhibit 3 - Notice to Publish
Exhibit 4 - Agreement
Exhibit 5 - Application
 
29.  
MOTION TO ADOPT Resolution No. 2017-263 directing the County Administrator to publish Notice of Public Hearing to be held on May 23, 2017, at 10:00 a.m., to consider transmittal to designated State review agencies of a proposed amendment to the Broward County Land Use Plan map (PC 17-8) in the City of Plantation, as an amendment to the Broward County Comprehensive Plan. (Commission District 5)

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
Click to View
 
Attachments
Exhibit 1 - Proposed Resolution
Exhibit 2 - Draft Resolution
 
30.  
MOTION TO ADOPT Resolution No. 2017-264 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, May 23, 2017, at 10:00 a.m. at the County Commissioners’ meeting in Room 422 of the Governmental Center to consider the adoption of a proposed Resolution, the title of which is as follows:
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE BROWARD CULTURAL COUNCIL'S INCENTIVES (GRANTS) PROGRAMS AND ELIGIBILITY REQUIREMENTS, AMENDING SECTIONS 29.14 THROUGH 29.17 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMIN CODE"); CREATING A NEW CULTURAL FESTIVAL PROGRAM CATEGORY IN SECTION 29.16; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMIN CODE, AND AN EFFECTIVE DATE.

(Commissioner Holness pulled this item.)

ACTION:  (T-10:43 AM)  Approved.  The Board requested that staff "think bigger" as to creating Signature Events. (Refer to minutes for full discussion.)

VOTE:  9-0.
Click to View
 
 
 
Attachments
Exhibit 1 - Resolution to Publish Notice of Public Hearing
Exhibit 2 - Proposed Resolution
 
 
COUNTY AUDITOR
 
31.  
A. MOTION TO FILE Transition Review of the Greater Fort Lauderdale Convention & Visitors Bureau Report No. 17-2.   

(Commissioner Bogen pulled this item.)

ACTION:  (T-10:53 AM)  Approved.  Commissioner Bogen noted that he will be bringing an item back to the Board on Tuesday, May 23, 2017, with such inquiries as to why full audits have not been performed on departments, as well as why an audit of the Greater Fort Lauderdale Convention & Visitors Bureau was not performed sooner. The Board requested more transparency and communication from the County Auditor's Office, as well as information as to who is looking at checks issued by the County.  (Refer to minutes for full discussion.)

VOTE:  9-0.


B. MOTION TO ADOPT County Auditor’s Recommendations.

(Commissioner Bogen pulled this item.)

ACTION:  (T-10:53 AM)  Approved.  Commissioner Bogen noted that he will be bringing an item back to the Board on Tuesday, May 23, 2017, with such inquiries as to why full audits have not been performed on departments, as well as why an audit of the Greater Fort Lauderdale Convention & Visitors Bureau was not performed sooner. The Board requested more transparency and communication from the County Auditor's Office, as well as information as to who is looking at checks issued by the County.  (Refer to minutes for full discussion.)

VOTE:  9-0.
Click to View
 
Attachments
Exhibit 1 - Transition Review of the Greater Fort Lauderdale Convention & Visitors Bureau Report No. 17-2
Exhibit 2 - Management’s Response
 
 

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PUBLIC HEARING
 
32.  
This item is respectfully requested to be deferred to the public hearing of May 23, 2017.

MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows (this is a continuation of the first of two public hearings): (Continued from March 14, 2017 - Item No. 74)
 
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO MEDICAL MARIJUANA FACILITIES; AMENDING VARIOUS SECTIONS OF CHAPTER 39 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROVIDING PROCESS FOR ISSUANCE OF ALL  CONDITIONAL USE PERMITS; ESTABLISHING REQUIREMENTS FOR MEDICAL MARIJUANA DISPENSING ORGANIZATIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by the Board of County Commissioners)
 
ACTION:  (T-10:53 AM)  Following discussion, the Board continued this Item until Tuesday, August 15, 2017.  (Refer to minutes for full discussion.)

VOTE: 9-0.

 
Click to View
 
Attachments
Exhibit 1 - Copy of Proposed Ordinance
 
33.  
MOTION TO ADOPT Resolution No. 2017-265 of the Board of County Commissioners of Broward County, Florida, granting the renewal of the nonexclusive franchise of Everglades Waste Removal Services, LLC, to provide vessel sanitary waste water removal services at Port Everglades, for a five-year term commencing June 13, 2017; and providing for nondiscrimination, compliance with applicable law, severability and an effective date; and authorizing the Mayor and Clerk to execute the franchise.

ACTION: (T-10:58 AM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  9-0.
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Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Resolution
Exhibit 3 - Agreement
Exhibit 4 - Application
 
34.  
MOTION TO ENACT Ordinance adopting a Small Scale land use plan amendment to the Broward County Land Use Plan, PC 17-9, in the City of Pembroke Pines, to the Broward County Comprehensive Plan (Commission District 8), 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 PEMBROKE PINES; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

(Continued until Tuesday, May 23, 2017.)
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Attachments
Exhibit 1 - Proposed Ordinance
Exhibit 2 - Amendment
 
35.  
MOTION TO ENACT Ordinance adopting a Small Scale land use plan amendment to the Broward County Land Use Plan, PC 17-10, in the Town of Davie, to the Broward County Comprehensive Plan (Commission District 5), 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 TOWN OF DAVIE; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

(Continued until Tuesday, May 23, 2017.)
Click to View
 
Attachments
Exhibit 1 - Proposed Ordinance
Exhibit 2 - Amendment Report
 
 
END PUBLIC HEARING

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REGULAR AGENDA
 
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PRESENTATION: LIBRARIES
KELVIN WATSON, LIBRARIES DIRECTOR
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COUNTY ADMINISTRATION
 
 
LIBRARIES DIVISION
 
36.  
MOTION TO AUTHORIZE County Administrator, or designee, to accept a donation of 450 Alcatel Hotspots and discounts on data plans from T-Mobile in support of the Libraries program to provide Veterans, active military members, and their dependents with electronic access to Library resources and authorize County Administrator, or designee, to perform all necessary administrative and budgetary actions to effectuate the implementation of the program.

(See Resolution No. 2017-266 attached to this item.)

ACTION:  (T-10:59 AM)  Tabled until later in the meeting.  (Refer to minutes for full discussion.)

ACTION:  (T-11:15 AM)  Approved, as amended, with the Yellow-Sheeted Additional Material, dated May 9, 2017, submitted at the request of the County Attorney's Office.

VOTE:  9-0.
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Attachments
Exhibit 1 - Email from TMobile
Additional Material - Information
 
 
REQUEST TO SET FOR PUBLIC HEARING
 
37.  
MOTION TO ADOPT Resolution No. 2017-267 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, May 23, 2017, 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: (Commissioner Geller)
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA,  PERTAINING TO SECURITIES ELIGIBLE FOR COUNTY INVESTMENT; AMENDING SECTION 22.84 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE") TO ALLOW INVESTMENT IN DEBT BACKED BY THE FULL FAITH AND CREDIT OF THE GOVERNMENT OF ISRAEL; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

(Items 37 and 46 were heard concurrently.)

ACTION:  (T-11:31 AM)  Approved.  Commissioners Holness, LaMarca, Rich, and Udine requested being co-sponsors to this item.  (Refer to minutes for full discussion.) (Scrivener's Error - See County Administrator's Report:  The Agenda Report, the Resolution to Publish, and the Notice to Advertise, all reflect a Public Hearing date of Tuesday, May 23, 2017, and should reflect a Public Hearing date of Tuesday, June 13, 2017.)  (See Yellow-Sheeted Additional Material, dated May 9, 2017, submitted at the request of Commissioner Rich.)

VOTE:  9-0.
Click to View
 
Attachments
Exhibit 1 - Copy of Resolution to Publish Notice of Public Hearing
Exhibit 2 - Copy of Proposed Resolution Amending the Administrative Code
Additional Material - Information
 
 
FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT
 
  HUMAN RESOURCES DIVISION
 
38.  
A.  MOTION TO RATIFY nomination of Robert W. Melton, CPA, CIA, CFE, CIG, for the position of County Auditor, as recommended by the independent nominating board. 

ACTION:  (T-11:37 AM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  9-0.


B.  MOTION TO AUTHORIZE County Attorney to commence negotiations with Robert W. Melton for employment as Broward County Auditor.

ACTION:  (T-11:37 AM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  9-0.
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Attachments
Exhibit 1 - Resume for Robert Melton
 
  PURCHASING DIVISION Click to View
 
  For Public Works Department
 
39.  
MOTION TO APPROVE Request for Proposals (RFP) No. R2114080P1, Construction Engineering and Inspection Services for Pembroke Road from Dykes Road to Silver Shores Boulevard. (Commission District 8)

(Transferred to the Consent Agenda.)

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
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Attachments
Exhibit 1 - RFP No. R2114080P1
Exhibit 2 - Goal Memorandum dated March 2, 2017
 
 
COUNTY COMMISSION
 
40.  
MOTION TO NOMINATE Michele Clawson to the Water Advisory Board. (Commissioner Geller)

(Transferred to the Consent Agenda.)

ACTION:  (T-10:31 AM)  Approved.

VOTE:  9-0.
Click to View
 
Attachments
Exhibit 1 - County Attorney Memo of Qualification for Michele Clawson
 
41.  
MOTION TO NOMINATE Penny Lynn Cutt to the Climate Change Task Force. (Commissioner Furr)

(Transferred to the Consent Agenda.)

ACTION:  (T-10:31 AM)  Approved.  (See Yellow-Sheeted Additional Material, dated May 9, 2017, submitted at the request of Vice Mayor Furr.)

VOTE:  9-0.
Click to View
 
Attachments
Exhibit 1 - County Attorney Qualification Memo
Additional Material - Information
 
42.  
MOTION TO ADOPT Resolution No. 2017-268 supporting federal efforts to curtail opioid abuse and supporting Governor Rick Scott’s action declaring a Public Health Emergency, the title of which is as follows: (Commissioner LaMarca)
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA,  SUPPORTING THE COMBINED EFFORTS OF THE UNITED STATES CENTERS FOR DISEASE CONTROL AND PREVENTION AND THE DEPARTMENT OF JUSTICE TO CURTAIL THE OVERPRESCRIBING OF OPIOIDS BY PHYSICIANS AND STRENGTHEN PRESCRIPTION DRUG MONITORING PROGRAMS; SUPPORTING THE EFFORTS OF THE NATIONAL CITY-COUNTY TASK FORCE ON THE OPIOID EPIDEMIC TO PROVIDE EDUCATIONAL OPPORTUNITIES AND INFORMATION SHARING FOR CITIES AND COUNTIES; SUPPORTING THE ACTION TAKEN BY THE GOVERNOR OF THE STATE OF FLORIDA DECLARING A PUBLIC HEALTH EMERGENCY; PROVIDING FOR COPIES OF THIS RESOLUTION TO BE DISTRIBUTED TO THE BROWARD LEAGUE OF CITIES, THE FLORIDA LEAGUE OF CITIES, THE GOVERNOR OF THE STATE OF FLORIDA, THE BROWARD CONGRESSIONAL DELEGATION, AND THE BROWARD LEGISLATIVE DELEGATION; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

ACTION:  (T-11:00 AM)  Approved.  Following discussion, the Board requested that information as to strategies be brought back to the Board surrounding educating people so as to curtail opioid abuse. (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated May 9, 2017 submitted at the request of Commissioner LaMarca and Human Services Department.)

VOTE:  9-0.
Click to View
 
Attachments
Exhibit 1 - Copy of Proposed Resolution
Additional Material - Information
Additional Material - Information
Additional Material - Information
Additional Material - Information
 
43.  
MOTION TO DISCUSS implications of State Legislative Action on House Joint Resolution (HJR) 7105, a Constitutional Amendment to be voted upon statewide in the November 2018 election, with implementation in 2019 for County Fiscal Year 2020. (Mayor Sharief)

ACTION:  (T-11:38 AM)  Following discussion, the Board reached consensus as to having the County Attorney's Office explore legal options. Further, the Board requested that figures from the Value Adjustment Board be provided to the Board as relates to the Property Tax Roll, and the negative impact that it has on projected numbers, as well as public outreach.  (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated May 9, 2017, submitted at the request of Mayor Sharief and County Administration.)
Click to View
 
Attachments
Exhibit 1 - Revenue Impact to Local Governments Spreadsheet (based on 2016 data), prepared by the Florida Association of Counties
Additional Material - Information
Additional Material - Information
Additional Material - Information
Additional Material - Information
 
44.  
MAYOR'S REPORT
 
A.  CHURCH SERVICES
 
ACTION:  (T-12:11 PM)  Mayor Sharief commented that this past Sunday she participated in church services at the Kingdom Fellowship Center.  Mayor Sharief pointed out that she met a nine-year old who played the keyboard better than most adults.  (Refer to minutes for full discussion.)

B.  KARL 'JERY' CRAIG ART EXHIBIT
 
ACTION:  (T-12:12 PM)  Mayor Sharief reported that on Saturday she had the pleasure of opening the Karl 'Jery' Craig Art Exhibit at the African-American Research Library and Cultural Center.  (Refer to minutes for full discussion.)

C.  CITY OF HALLANDALE BEACH - 8TH ANNUAL GREENFEST 2017 EARTH AND ARBOR DAY CELEBRATION

ACTION:  (T-12:12 PM)  Mayor Sharief reported that on Saturday, the City of Hallandale Beach held their 8th Annual GREENFEST 2017 Earth and Arbor Day Celebration.  High School students made clothing from items that are normally thrown into the trash.  (Refer to minutes for full discussion.)

D.  ANNUAL AUTISM IN FLIGHT PROGRAM

ACTION:  (T-12:13 PM)  Mayor Sharief reported that on Wednesday, May 17, 2017, the Annual Autism in Flight Program will be held at the Fort Lauderdale-Hollywood International Airport.  (Refer to minutes for full discussion.)
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45.  
COUNTY ADMINISTRATOR'S REPORT
 
(No report given.)
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SUPPLEMENTAL AGENDA
 
 
COUNTY ATTORNEY
 
46.  
MOTION TO DIRECT Office of the County Attorney, contingent upon approval of Item 37 on today′s Agenda, to draft an amendment to Section 1-10 of the Broward County Code of Ordinances ("Ordinance"), authorizing investment in debt backed by the full faith and credit of the government of Israel; and to make any necessary or advisable housekeeping or cleanup revisions to the Ordinance in connection therewith.

(Items 37 and 46 were heard concurrently.)

ACTION:  (T-11:31 AM)  Approved, as amended, with the Yellow-Sheeted Additional Material, dated May 9, 2017, submitted at the request of the County Attorney's Office. Commissioners Holness, LaMarca, Rich, and Udine requested being co-sponsors to this item.  (Refer to minutes for full discussion.) (Scrivener's Error - See County Administrator's Report:  The Agenda Report, the Resolution to Publish, and the Notice to Advertise, all reflect a Public Hearing date of Tuesday, May 23, 2017, and should reflect a Public Hearing date of Tuesday, June 13, 2017.)

VOTE:  9-0.
Click to View
 
Attachments
Additional Material - Information
 
 
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MEETING/WORKSHOP NOTICES

JOINT CITY OF FORT LAUDERDALE/COUNTY COMMISSION WORKSHOP
Tuesday, May 9th, in Room 430 at 12:30 PM
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NON-AGENDA
 
47.  
110-YEAR OLD BIRTHDAY CELEBRATION – COMMISSIONER UDINE
 
ACTION:  (T-12:14 PM)  Commissioner Udine pointed out that he had the incredible honor and recent opportunity to celebrate the 110th Birthday of the oldest gentleman in Broward County.  (Refer to minutes for full discussion.)
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48.   WILLIAM "BILL"  KLING COMMUNITY SERVICE AWARD – COMMISSIONER RICH
 
ACTION:  (T-12:15 PM)  Commissioner Rich noted that she had the honor of receiving the William “Bill” Kling Community Service Award.  (Refer to minutes for full discussion.)
Click to View
 
49.   THANK YOU – COMMISSIONER RICH
 
ACTION:  (T-12:15 PM)  Commissioner Rich thanked Board members for an ad that was taken out and put in a Program Book which congratulated her for her service to Broward County.  (Refer to minutes for full discussion.)
Click to View
 
50.   TRANSPORTATION – VICE MAYOR FURR
 
ACTION:  (T-12:16 PM)  Vice Mayor Furr asked staff to develop a program similar to the SMART Plan that Dade County has in terms of transportation.  (Refer to minutes for full discussion.)
 
Click to View
 
51.   CONGRATULATIONS TO THE CITY OF POMPANO BEACH – COMMISSIONER LAMARCA
 
ACTION:  (T-12:17 PM)  Commissioner LaMarca congratulated the City of Pompano Beach, as they were designated a “Preserve America Community.”  (Refer to minutes for full discussion.)
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52.   THANK YOU – COMMISSIONER LAMARCA
 
ACTION:  (T-12:17 PM)  Commissioner LaMarca thanked Broward County entities for their work and support at the Fort Lauderdale Air Show.  (Refer to minutes for full discussion.)
Click to View
 
53.   PROCLAMATION – COMMISSIONER LAMARCA
 
ACTION:  (T-12:19 PM) Commissioner LaMarca pointed out that he had the privilege of presenting a Proclamation to the Hurricane Battalion from the United States Army.  (Refer to minutes for full discussion.)
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54.   TEMPORARY PROTECTED STATUS FOR HAITIANS – COMMISSINOER HOLNESS
 
ACTION:  (T-12:19 PM)  Commissioner Holness referenced Non-Agenda Yellow-Sheeted Additional Material, dated May 9, 2017, surrounding Temporary Protected Status for Haitians living in America, and asked for Board support. (Refer to minutes for full discussion.)
 
In response to Commissioner Holness, Mayor Sharief pointed out that the letter referenced on Non-Agenda Yellow-Sheeted Additional Material would be sent on Commission Letterhead and approved by the County Attorney’s Office for circulation and signatures from the Board.  (Refer to minutes for full discussion.)
 
The Board voted 8-0.  Commissioner Ryan was not present. 
Click to View
 
Attachments
Additional Material - Information
Additional Material - Information
 
55.   HAPPY MOTHER’S DAY – COMMISSIONER HOLNESS
 
ACTION:  (T-12:26 PM) Commissioner Holness wished his mother and all mothers a Happy Mother’s Day.  (Refer to minutes for full discussion.)
Click to View
 
56.   EVENTS – COMMISSIONER HOLNESS
 
ACTION:  (T-12:26 PM)  Commissioner Holness pointed out the following events:
  • ArtServe  - Friday, May 12, 2017. 
  • Mental Health Awareness Month and Wellness Day.  
(Refer to minutes for full discussion.)
Click to View
 
57.   PUBLIC OFFICIAL OF THE YEAR – COMMISSIONER HOLNESS
 
ACTION:  (T-12:27 PM)  Commissioner Holness noted that he is honored to be nominated and selected by Legacy Magazine as the Public Official of the Year.  (Refer to minutes for full discussion.)
 
Click to View
 
58.   TALLAHASSEE – COMMISSIONER GELLER
 
ACTION:  (T-12:23)  Commissioner Geller pointed out that Tallahassee was horrible this year.  Commissioner Geller noted that he will be bringing up further discussion at a later time.  (Refer to minutes for full discussion.)
 
 
Click to View
 
59.   YOUNG AT ART – COMMISSIONER GELLER
 
ACTION:  (T-12:24 PM)  Commissioner Geller made inquiries as to an amended lawsuit by Young At Art.  (Refer to minutes for full discussion.)
 
In response to Commissioner Geller, County Attorney Joni Armstrong Coffey advised the Board that the County Attorney’s Office provided a Draft after some discussion of a Negotiation Agreement in December of last year.  Comments have not been received on the Draft.  Further, Ms. Coffey advised the Board that after the Draft Agreement was transmitted, the extended stay was expired, and litigation was recommenced. 
 
In response to Commissioner Geller, County Administrator Bertha Henry reported that she was advised by staff that the County has enough to respond and hopefully resolve issues.  (Refer to minutes for full discussion.)
 
Commissioner Bogen noted that he received information that the lawsuit was filed, but that the lawsuit is not being served.  Commissioner Bogen stated that the lawsuit was filed for Statute of Limitation purposes, and that there is not an intention to move forward.  (Refer to minutes for full discussion.)
 
Mayor Sharief asked Commissioner Geller to place an item on the next agenda for discussion.  (Refer to minutes for full discussion.)
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