ACTION AGENDA

MEETING OF SEPTEMBER 13, 2018


(Meeting convened at 1:12 p.m., recessed at 4:46 p.m., reconvened at 6:25 p.m., and adjourned at 6:27 p.m.)

PLEDGE OF ALLEGIANCE was led by Commissioner Barbara Sharief, District 8.
CALL TO ORDER was led by Mayor Beam Furr, District 6.

MOMENT OF SILENCE

In memory of the victims of the September 11, 2001, terrorist attacks.

In memory of United States Senator John McCain 

In memory of our Armed Forces serving here 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
             
 
CONSENT AGENDA

 
A motion was made by Commissioner Sharief, seconded by Commissioner Udine and unanimously carried, to approve the Consent Agenda consisting of Items 1 through 43.  At the request of the Mayor, Regular Items 65, 66, 67, 69, 70, 72, 73, and Supplemental Items 77 and 78 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.

Public Hearing Items consist of Items 44 through 62.  

The following Item was continued: 59.

The following Items were withdrawn/deferred: 22, 74, and 79.

The following Items were pulled by the Board and considered separately: 5, 12, 28, and 36.
 
BOARD APPOINTMENTS
 
1.  
MOTION TO APPROVE Board Appointments
 
A.  
MOTION TO REAPPOINT Debra Parsons-Drake to the Animal Care Advisory Committee. (Commissioner Geller)

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
B.  
MOTION TO APPOINT Dominique Burkhardt to the Commission on the Status of Women. (Vice-Mayor Bogen)

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
C.  
MOTION TO REAPPOINT Grace Johns to the Animal Care Advisory Committee. (Commissioner LaMarca)

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
D.  
MOTION TO APPOINT Ronenia A. Jenkins to the Health and Sanitary Control Board. (Commissioner Sharief)

ACTION:  (T-1:46 PM)  Approved with the Yellow-Sheeted Additional Material, dated Thursday, September 13, 2018, submitted at the request of Commissioner Sharief.
 
VOTE: 9-0.
 
E.  
MOTION TO APPOINT NOMINEE Vice Mayor Stacy Kagan to the Community Action Agency Advisory Board. (Commissioner Udine)

ACTION:  (T-1:46 PM)  Approved with the Yellow-Sheeted Additional Material, dated Thursday, September 13, 2018, submitted at the request of Commissioner Udine.
 
VOTE: 9-0.
 
F.  
MOTION TO APPOINT Daryl Campbell to the Substance Abuse Advisory Board. (Commissioner Sharief)

ACTION:  (T-1:46 PM)  Approved with the Yellow-Sheeted Additional Material, dated Thursday, September 13, 2018, submitted at the request of Commissioner Sharief.
 
VOTE: 9-0.
 
AVIATION DEPARTMENT
 
2.  
MOTION TO APPROVE Federal Aviation Administration Grant Agreement for Airport Improvement Program Project No. 3-12-0025-084-2018, in the amount of $4,270,183 (Federal Share), to financially participate in the construction of the Airfield Apron for Terminal 4 at Broward County's Fort Lauderdale-Hollywood International Airport; and to authorize the County Administrator to take the necessary administrative and budgetary actions, and approve any non-monetary amendments to the agreement; and authorize the Mayor and Clerk to execute the same. This grant agreement requires a local match of $1,423,394.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
PUBLIC WORKS DEPARTMENT
 
HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION
 
3.  
A. MOTION TO APPROVE Highway Maintenance Memorandum of Agreement between Broward County and the Florida Department of Transportation for the improvement project on NW 136th Avenue from the north right-of-way line of westbound SR 84 to approximately 800 feet north of North New River Canal’s north right-of-way line, at no cost to the County; and authorize Mayor and Clerk to execute same. (Commission Districts 1 and 5)

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.

B. MOTION TO WAIVE permit requirement for work on a County road (Chapter 25, Exhibit 25.A of the Broward County Administrative Code) for the Florida Department of Transportation's improvement project on NW 136th Avenue from the north right-of-way line of westbound SR 84 to approximately 800 feet north of North New River Canal’s north right-of-way line. (Commission Districts 1 and 5)

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
 
 
HUMAN SERVICES DEPARTMENT
 
4.  
MOTION TO APPROVE Second Amendment to Agreement between Broward County and Echo Consulting Services, Inc. for Enterprise Business Application for Human Services Department (RLI No. R0961807R1) to transition from vendor to County hosting, to reduce the scope of service, eliminate Phases 2-6 relating to implementation at County agencies other than BARC, extend the term of the agreement for up to four additional one-year extensions, and adjust the hosting and maintenance fees accordingly; to authorize the Mayor and Clerk to execute same; and to authorize the County Administrator to take all administrative and budgetary actions necessary to implement the Amendment.

(Per the Thursday Morning Memorandum, Page 5 of the Second Amendment was modified to confirm the first one-year extension period had been effectively exercised by the County.)

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
 
 
COMMUNITY PARTNERSHIPS DIVISION
 
5.  
A. MOTION TO ADOPT Resolution No.2018-378 of the Board of County Commissioners of Broward County, Florida, authorizing appropriation and disbursement of Fiscal Year 2018-2019 funds to specified service providers in the amount of $32,719,525 for the provision of support services in Broward County; approving a revised standard form agreement; authorizing the County Administrator to execute the agreements and to take all necessary administrative and budgetary actions to implement the agreements; and providing for severability and an effective date.

(Commissioner Rich pulled this item.)

ACTION:  (T-1:51 PM)  Approved with the Yellow-Sheeted Additional Materials, dated Thursday, September 13, 2018, submitted at the request of the Human Services Department.  (Refer to minutes for full discussion.) 
 
VOTE: 8-0.  Commissioner Rich abstained from voting on this item.

B. MOTION TO ADOPT budget Resolution No. 2018-379 within the Human Services Department Homeless Service Fund in the amount of $90,000 recognizing revenue received from the Broward County Health Facilities Authority ("HFA") for partial Fiscal Year 2019 funding of a non-profit service provider.

(Commissioner Rich pulled this item.)

ACTION:  (T-1:51 PM)  Approved with the Yellow-Sheeted Additional Materials, dated Thursday, September 13, 2018, submitted at the request of the Human Services Department.  (Refer to minutes for full discussion.) 
 
VOTE: 8-0.  Commissioner Rich abstained from voting on this item.

C. MOTION TO AUTHORIZE County Administrator to execute, subject to approval by the Office of the County Attorney, an Agreement between Broward County and the School Board of Broward County, Florida ("School Board"), for the term of October 1, 2018 through September 30, 2019 to provide traffic education programs for additional public and non-public Broward County high school students utilizing all monies available in the Driver Education Safety Trust Fund; and authorizing the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement.

(Commissioner Rich pulled this item.)

ACTION:  (T-1:51 PM)  Approved with the Yellow-Sheeted Additional Materials, dated Thursday, September 13, 2018, submitted at the request of the Human Services Department.  (Refer to minutes for full discussion.) 
 
VOTE: 8-0.  Commissioner Rich abstained from voting on this item.

D. MOTION TO APPROVE Sole Reasonable Source designations for: 1) Henderson Behavioral Health, Inc. to provide Crisis Stabilization Unit services to individuals experiencing acute mental health crisis; 2) The Salvation Army, a Georgia Corporation, to provide 30 targeted low-demand emergency shelter beds for unsheltered chronic and non-chronic individuals age 18 or older; and 3) Women In Distress of Broward County, Inc. to provide shelter and support services to individuals and families experiencing homelessness as a result of fleeing domestic violence and seeking services from the County's only state-certified domestic violence shelter.

(Commissioner Rich pulled this item.)

ACTION:  (T-1:51 PM)  Approved with the Yellow-Sheeted Additional Materials, dated Thursday, September 13, 2018, submitted at the request of the Human Services Department.  (Refer to minutes for full discussion.) 
 
VOTE: 8-0.  Commissioner Rich abstained from voting on this item.

E. MOTION TO APPROVE waivers of conflict under Section 112.313(7)(a), Florida Statutes for the following Broward County advisory board members holding an employment or contractual relationship with an entity receiving funds for the performance of services under this agenda item:
  1. Howard Bakalar
  2. Bisola Fortune-Evans
  3. Abby Freedman
  4. Dr. Chauniqua Kiffin
  5. Steven Ronik
  6. David Starnes 
  7. James Whitworth
  8. Valery Moreno
(Per the Thursday Morning Memorandum, the following names have been added to Motion E: Thomas Campbell, Danny C. Osley, Frances M. Esposito, Cruz-Yahira Barrientos and George S. Werthman.)

(Commissioner Rich pulled this item.)

ACTION:  (T-1:51 PM)  Approved with the Yellow-Sheeted Additional Materials, dated Thursday, September 13, 2018, submitted at the request of the Human Services Department.  (Refer to minutes for full discussion.) 
 
VOTE: 8-0.  Commissioner Rich abstained from voting on this item.
 
 
 
6.  
MOTION TO APPROVE Grant Application to the U.S. Department of Health and Human Services Health Resources and Services Administration (HRSA) for provision of core medical and support; and planning and evaluation services to persons with HIV/AIDS in the amount of $16,654,320, for the March 1, 2019 through February 29, 2020 grant period; authorizing the County Administrator to take the necessary administrative and budgetary actions to execute and implement the grant upon receipt.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
 
 
PORT EVERGLADES DEPARTMENT
 
7.  
MOTION TO APPROVE Second Amendment to the Agreement between Broward County and Atkins North America, Inc., for Capital Project Manager Services, Request for Proposal (RFP) No. R1351804P1, for the Port Everglades Department, increasing the Basic Services from the maximum not-to-exceed amount of $5,424,525 to $8,324,525, and Reimbursables from $409,240 to $609,240, for an amended contract value not to exceed $8,933,765 for the term of the Agreement; and authorize the Mayor and Clerk to execute same.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
 
 
8.  
MOTION TO ADOPT budget Resolution No. 2018-380 within the Port Everglades Capital Fund transferring $408,440 from Capital Reserves for the purpose of increasing the project budget for the McIntosh Security Checkpoint 4 Modification project at Port Everglades from $1,560,000 to $1,968,440.  

ACTION:  (T-1:46 PM)  Approved.  (Scrivener’s Error – See County Administrator’s Report: Summary Explanation/Background, second paragraph, second line currently reads: was advertised on April 2, 2018.  Should read: April 2, 2016.)
 
VOTE: 9-0.
 
OFFICE OF MANAGEMENT AND BUDGET
 
9.  
A.  MOTION TO APPROVE Help America Vote Act (HAVA) grant award and authorize the County Administrator to execute all administrative and budgetary actions necessary to implement the grant. 

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.

B. MOTION TO ADOPT budget Resolution No. 2018-381 within the HAVA Grant Match Fund, for the Supervisor of Elections (SOE), to appropriate revenue in the amount of $27,494 for the County's grant match.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
REGIONAL EMERGENCY SERVICES AND COMMUNICATIONS
 
OFFICE OF REGIONAL COMMUNICATIONS AND TECHNOLOGY
 
10.  
MOTION TO APPROVE First Amendment to Agreement between Broward County and Deccan International Corporation (Deccan) for support and maintenance of Provider’s proprietary computer-aided dispatch (CAD) Analyst and Apparatus Deployment Analysis Module (ADAM) software applications utilized within the County’s regional public safety communications system, to extend the agreement for up to five additional one-year periods beyond the current contract expiration date of November 30, 2018, to delete and replace selected agreement language, and to increase the total not-to-exceed amount to $850,000; and authorize the Mayor and Clerk to execute same.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT
 
11.  
MOTION TO INITIATE amendment to the Broward County Land Use Plan Natural Resource Map Series - Environmentally Sensitive Lands Map; Local Areas of Particular Concern (LAPC), on behalf of a private property owner to remove the current LAPC designation on an approximate 2.4 acre parcel located at 851 Eller Drive, city of Dania Beach. (Commission District 7)

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
ENVIRONMENTAL PLANNING AND COMMUNITY RESILIENCE DIVISION
 
12.  
MOTION TO ADOPT Resolution No. 2018-382 of the Broward County Board of County Commissioners authorizing the Environmental Protection and Growth Management Department to file a long-range budget plan and funding request with the Florida Department of Environmental Protection for projects to mitigate beach erosion in Broward County (Segment II Beach Nourishment Project); supporting the projects for which funding is requested; confirming Broward County’s ability to serve as local sponsor for projects and the County’s ability to fund the appropriate local share of projects; providing for severability; and providing an effective date. (Commission District 4)

(Commissioner Ryan pulled this item.)

ACTION:  (T-1:51 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
 
 
PLANNING AND DEVELOPMENT MANAGEMENT DIVISION
 
13.  
MOTION TO CONSIDER approval of the Release of Declaration of Restrictive Covenants recorded in Official Record Book 47393, Page 1263, related to Broward County Land Use Plan Amendment PC 06-4 for Coral Springs Country Club. (Commission District 3)

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT
 
14.  
MOTION TO FILE Quarterly Investment Report as required by Section 22.93 of the Broward County Administrative Code.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
ACCOUNTING DIVISION
 
15.  
MOTION TO APPROVE lists of checks issued and electronic payments made from April 1, 2018 through June 30, 2018.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
16.  
MOTION TO APPROVE international travel to Montreal, Canada from October 2 through October 6, 2018, for five County employees from the Transit Division to attend the 2018 - HASTUS International User Group Conference.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
  PURCHASING DIVISION
 
For Aviation Department
 
17.  
MOTION TO AWARD open-end contract to Schindler Elevator Corporation under the National Joint Powers Alliance (NJPA) (now known as Sourcewell as of June 6, 2018) Agreement No. 100516-SCH, Elevators, Escalators, and Moving Walks with Related Equipment, Services, Accessories, and Supplies; Broward County Procurement Contract No. BLD2117408B1, for maintenance and repair services to airport equipment for the Aviation Department, in the estimated amount of $9,607,217, including allowances in the estimated amount of $119,167, for the remainder of the term effective through November 2, 2020, and authorize the Director of Purchasing to renew the contract, as renewed by the NJPA for a one-year period, for a three-year, two-month potential total amount of $14,041,317. The initial contract shall begin on the date of award and terminate on November 2, 2020, contingent upon receipt and approval of performance and payment guaranty.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
For Finance and Administrative Services Department
 
18.  

MOTION TO AWARD open-end contract to single bidder ALM Media, LLC, DBA Broward Daily Business Review, for Delinquent Tax Advertising, Bid No. GEN2115796B1, for Records, Taxes, and Treasury Division, in the annual estimated amount of $215,250, and authorize the Director of Purchasing to renew the contract for two one-year renewal periods, for a three-year potential estimated amount of $645,750. The initial contract period begins on the date of award and terminates one year from that date.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
RECORDS, TAXES, AND TREASURY DIVISION
 
19.  
A. MOTION TO APPROVE cancellation of warrants from Central Account No. xxxxxxxxx3785, Tax Refund Account No. xxxxxxxxx9850,  Tax Redemption Account No. xxxxxxxxx0916, Self Insurance Account No. xxxxxxxxx0518, and Payroll Account No. xxxxxxxxx3798, due to having a stale date, being unclaimed, or not being negotiated.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.

B. MOTION TO APPROVE cancellation of warrants from Central Account No. xxxxxxxxx3785, Tax Refund Account No. xxxxxxxxx9850, and Self Insurance Account No. xxxxxxxxx0518, due to being voided. Checks have been reissued.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
BROWARD MUNICIPAL SERVICES DISTRICT
 
20.  
MOTION TO ADOPT Resolution  No. 2018-383 accepting a road easement executed by Housing Opportunities, Mortgage Assistance, & Effective Neighborhood Solutions, Inc. located at the northeast corner of NW 28th Avenue and NW 7th Court in the Broward Municipal Services District, at a nominal cost of $1 to Broward County. (Commission District 9)

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
21.  
MOTION TO ADOPT Resolution No. 2018-384 accepting a road easement executed by Broward Alliance for Neighborhood Development, Inc. located at the southwest corner of NW 28th Avenue and NW 4th Street in the Broward Municipal Services District, at a nominal cost of $1 to Broward County. (Commission District 9)

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
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QUASI-JUDICIAL CONSENT HEARING

ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT
 
PLANNING AND DEVELOPMENT MANAGEMENT DIVISION
 
22.  
MOTION TO CONSIDER APPROVAL of a plat entitled Altman Development Miramar (030-MP-17). (Commission District 8)

(Deferred to Wednesday, March 13, 2019, or sooner, at the applicant’s request to study access.)
 
23.  
MOTION TO CONSIDER APPROVAL of a plat note amendment to the Boys and Girls Club (090-MP-97). (Commission District 4)

ACTION:  (T-1:46 PM)  Approved per staff’s recommendations.
 
VOTE: 9-0.
 
24.  
MOTION TO CONSIDER APPROVAL of a plat note amendment to the Rowan Replat (013-UP-91). (Commission District 2)

ACTION:  (T-1:46 PM)  Approved per staff’s recommendations.
 
VOTE: 9-0.
 
25.  
MOTION TO CONSIDER APPROVAL of a non-vehicular access line amendment and modification to conditions of plat approval on the Park of Commerce (073-UP-80). (Commission District 8)

ACTION:  (T-1:46 PM)  Approved per staff’s recommendations.
 
VOTE: 9-0.
 
END OF QUASI-JUDICIAL CONSENT HEARING

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COUNTY ADMINISTRATION
 
CULTURAL DIVISION
 
26.  
MOTION TO APPROVE artwork design proposals for site-specific artwork at the new Lauderhill Transit Center in an amount not to exceed $175,000, which amount is currently budgeted in the Transit Capital Non-Grant Fund. (Commission District 9)

ACTION:  (T-1:46 PM)  Approved.  (Scrivener’s Error – See County Administrator’s Report: Motion currently reads: …in an amount not to exceed $175,000.  Should read: … in an amount not to exceed $170,000.  Summary Explanation/Background currently reads: … in an amount not to exceed $175,000 (estimated amount of $160,000 for art and $15,000 for contingency.)  Should read: … in an amount not to exceed $170,000 (estimated amount of $160,000 for art and $10,000 for contingency.)
 
VOTE: 9-0.
 
 
 
GRANTS ADMINISTRATION
 
27.  
MOTION TO RETROACTIVELY APPROVE 2017 Justice Assistance Grant (JAG) agreement, award number: 2017-DJ-BX-0823, between Broward County and the Department of Justice, Bureau of Justice Assistance, in the amount of $522,735 to support efforts to reduce crime in Broward County, and authorize the County Administrator to execute contracts, addenda, any amendments or revisions to the approved contracts; and to take the necessary administrative and budgetary actions for the implementation of the grant award; providing for severability; and providing for an effective date.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
COUNTY AUDITOR
 
28.  
MOTION TO ACKNOWLEDGE AND FILE Office of the County Auditor’s Audit of Records, Taxes, and Treasury Division’s Tourist Development Tax Collection and Enforcement - Report No. 18-26.

(Commissioner Ryan pulled this item.)

ACTION:  (T-2:04 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
COUNTY COMMISSION
 
29.  
MOTION TO RETROACTIVELY AMEND Board’s meeting schedule to reflect a change in the starting time of the September 13, 2018, County Commission meeting from 10:00 a.m. to 1:00 p.m. (Mayor Furr)

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
REQUEST TO SET FOR PUBLIC HEARING
 
30.  
MOTION TO ADOPT Resolution No. 2018-385 of the Board of County Commissioners of Broward County, Florida, directing the County Administrator to publish a Notice of Public Hearing to be held on Tuesday, October 23, 2018, at 10:00 am., in Room 422, Broward County Governmental Center, for the purpose of receiving public input on the proposed implementation of new limited-stop fixed-route bus service along Broward Boulevard between the City of Sunrise and Downtown Fort Lauderdale to be known as "Broward Breeze"; and providing for an effective date. 

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
 
 
31.  
MOTION TO ADOPT Resolution No. 2018-386 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, September 25, 2018, at 10:00 a.m. in the County Commissioners’ Meeting Room (Room 422), Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida, to consider the application of SOS Security LLC for a nonexclusive franchise to provide marine terminal security services at Port Everglades for a one-year term, from September 25, 2018, through September 24, 2019.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
 
 
32.  
MOTION TO ADOPT Resolution No. 2018-387 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, September 25, 2018, at 10:00 a.m. in the County Commissioners' Meeting Room (Room 422), Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida, to consider adoption of a Resolution Amending 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 PORT EVERGLADES TARIFF NO. 12; AMENDING CHAPTER 42, EXHIBIT 42.A, OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"), AMENDING THE RATES FOR VARIOUS ACTIVITIES AT PORT EVERGLADES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
 
 
33.  
MOTION TO ADOPT Resolution No. 2018-388 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, September 25, 2018, at 10:00 a.m. in the County Commissioners’ Meeting Room (Room 422), Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida, to consider the application of Everglades Waste Removal Services, LLC, to renew a nonexclusive franchise to provide vessel oily waste removal services at Port Everglades for a five-year term, from October 9, 2018,  through October 8, 2023.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
 
 
34.  
MOTION TO ADOPT Resolution No. 2018-389 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, September 25, 2018, at 10:00 a.m. in the County Commissioners’ Meeting Room (Room 422), Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida, to consider the application of Triumvirate Environmental Services, Inc., to renew a nonexclusive franchise to provide vessel oily waste removal services at Port Everglades for a five-year term, from October 14, 2018, through October 13, 2023.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
 
 
35.  
MOTION TO DIRECT County Administrator to publish notice of a public hearing to be held Tuesday, September 25, 2018, at 10:00 AM in Room 422 of the Governmental Center to consider the award of a renewal Class 1 - ALS Rescue Certificate of Public Convenience and Necessity (COPCN) to the Sheriff of Broward County, Florida.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
36.  
MOTION TO DIRECT County Administrator to publish notice of a public hearing to be held on Tuesday, September 25, 2018 at 10:00 a.m., in Room 422 of the Governmental Center to consider the award of a renewal Class 2 - ALS Transfer Certificate of Public Convenience and Necessity to Pompano Beach Fire Rescue.

(Commissioner Geller pulled this item.)

ACTION:  (T-2:09 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Commissioner Geller abstained from voting on this item, and was out of the room during the vote.
 
37.  
MOTION TO DIRECT County Administrator to publish notice of a public hearing to be held Tuesday, September 25, 2018, at 10:00 a.m. in Room 422 of the Governmental Center to consider the award of a renewal Class 4 - ALS Air Rescue Certificate of Public Convenience and Necessity (COPCN) to the Sheriff of Broward County, Florida.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
38.  
MOTION TO ADOPT Resolution No. 2018-390 directing the County Administrator to publish Notice of a Public Hearing to be held on Tuesday, October 9, 2018 at 10:00 a.m., in Room 422 of the Governmental Center to consider adoption of a proposed Resolution, the title of which is as follows:

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, TRANSMITTING TO DESIGNATED STATE AGENCIES PROPOSED AMENDMENTS TO THE BROWARD COUNTY COMPREHENSIVE PLAN RELATED TO THE BROWARD MUNICIPAL SERVICES DISTRICT; AMENDING THE BROWARD MUNICIPAL SERVICES DISTRICT FUTURE LAND USE MAP; AMENDING COMPREHENSIVE PLAN TEXT RELATED TO THE BROWARD MUNICIPAL SERVICES DISTRICT LAND USE AND COMMUNITY PLANNING ELEMENT, CAPITAL IMPROVEMENTS ELEMENT, CLIMATE CHANGE ELEMENT, COASTAL MANAGEMENT ELEMENT, CONSERVATION ELEMENT, DEEPWATER PORT COMPONENT, HISTORIC PRESERVATION COMPONENT, HOUSING ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, NATURAL DISASTER COMPONENT, PUBLIC SCHOOL FACILITIES ELEMENT, RECREATION AND OPEN SPACE ELEMENT, TRANSPORTATION ELEMENT, WATER MANAGEMENT ELEMENT, ADMINISTRATION ELEMENT, AND URBAN DESIGN ELEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
 
 
39.  
MOTION TO ADOPT Resolution No. 2018-391 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, September 25, 2018, at 5:01 p.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: (Commission Districts 2, 4, 6, 7, 8 and 9)

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO WATER AND WASTEWATER SERVICES; AMENDING SECTION 38.18 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE") TO PRESCRIBE A REVISED SCHEDULE OF RETAIL WATER AND WASTEWATER RATES, FEES, AND CHARGES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
40.  
MOTION TO ADOPT Resolution No. 2018-392 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, September 25, 2018, at 5:01 p.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: (Commission Districts 1, 2, 3, 4, 7 and 9)

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO WATER AND WASTEWATER SERVICES; AMENDING SECTION 38.20 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE") TO PRESCRIBE A REVISED SCHEDULE OF WASTEWATER LARGE USER RATES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
41.  
MOTION TO ADOPT Resolution No. 2018-393 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, September 25, 2018, at 5:01 p.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: (Commission Districts 2, 4, 6, 7 and 8)

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO WATER AND WASTEWATER SERVICES; AMENDING SECTION 38.19 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE") TO PRESCRIBE A REVISED SCHEDULE OF RAW WATER SUPPLY LARGE USER RATES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
42.  
MOTION TO ADOPT Resolution No. 2018-394 directing the County Administrator to publish Notice of Public Hearing to be held on September 25, 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 18-8, located in the City of Deerfield Beach (Commission District 4), 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 DEERFIELD BEACH; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
 
43.  
MOTION TO ADOPT Resolution No. 2018-395 directing the County Administrator to publish Notice of a Public Hearing to be held on September 25, 2018, at 10:00 a.m., to consider enactment of an Ordinance adopting a proposed amendment to the Broward County Land Use Plan Natural Resource Map Series (PCNRM 18-1), as an amendment to the Broward County Comprehensive Plan, the substance of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, ADOPTING AN AMENDMENT TO THE BROWARD COUNTY COMPREHENSIVE PLAN; AMENDING THE WETLANDS MAP OF THE NATURAL RESOURCE MAP SERIES OF THE BROWARD COUNTY LAND USE PLAN; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 

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PUBLIC HEARING
 
44.  
MOTION TO ENACT Ordinance amending the Broward County Comprehensive Plan to adopt Broward County Land Use Plan map amendment PC 18-6, in the City of Sunrise (Commission District 1), the substance of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, ADOPTING AN AMENDMENT TO THE BROWARD COUNTY COMPREHENSIVE PLAN; AMENDING THE BROWARD COUNTY LAND USE PLAN WITHIN THE CITY OF SUNRISE; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

ACTION:  (T-2:10 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law with the Purple-Sheeted Additional Material, dated Thursday, September 13, 2018, submitted at the request of The Planning Council.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
45.  
MOTION TO ENACT Ordinance amending the Broward County Comprehensive Plan to adopt Broward County Land Use Plan map amendment PC 18-7, in the City of Deerfield Beach (Commission District 2), the substance of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, ADOPTING AN AMENDMENT TO THE BROWARD COUNTY COMPREHENSIVE PLAN; AMENDING THE BROWARD COUNTY LAND USE PLAN WITHIN THE CITY OF DEERFIELD BEACH; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

ACTION:  (T-2:11 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law with the Purple-Sheeted Additional Material, dated Thursday, September 13, 2018, submitted at the request of The Planning Council.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
46.  
MOTION TO ENACT Ordinance amending the Broward County Comprehensive Plan to adopt Broward County Land Use Plan text amendment PCT 18-4, the substance of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, ADOPTING AN AMENDMENT TO THE BROWARD COUNTY COMPREHENSIVE PLAN; AMENDING THE BROWARD COUNTY LAND USE PLAN TEXT REGARDING FRACKING; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

ACTION:  (T-2:13 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law  with the Purple-Sheeted Additional Material, dated Thursday, September 13, 2018, submitted at the request of The Planning Council.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
47.  
MOTION TO ADOPT budget Resolution No. 2018-396 transferring funds within the General Fund in the amount of $105,192 to provide cash match to various grant programs.

ACTION:  (T-2:14 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
48.  
A. MOTION TO ADOPT supplemental budget Resolutions Nos. 2018-397 through 2018-402 within the Enterprise Funds in the amount of $3,723,215 to amend revenues and appropriations prior to the close of the Fiscal Year.

ACTION:  (T-2:15 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.

B. MOTION TO ADOPT budget Resolution No. 2018-403 transferring funds within the FLL Operating Fund in the amount of $4,056,448 to balance transfers between funds.

ACTION:  (T-2:15 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.

C. MOTION TO ADOPT budget Resolution No. 2018-404 transferring funds within the HWO Operating Fund in the amount of $37,500 to re-budget a transfer that was not rolled over from last year.

ACTION:  (T-2:15 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
49.  
A. MOTION TO ADOPT budget Resolution No. 2018-405 transferring funds within the Transit Operating Fund in the amount of $2,837,780 to cover projected cost increases in fuel and Paratransit services.

ACTION:  (T-2:15 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.

B. MOTION TO ADOPT budget Resolution No. 2018-406 transferring funds within the Court Facility Fee Fund in the amount of $15,000 to provide funding for rent for the State Attorney's Office.

ACTION:  (T-2:15 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
50.  
MOTION TO ADOPT supplemental budget Resolution No. 2018-407 within the Internal Service Funds in the amount of $700,000 to amend revenues and appropriations prior to the close of the Fiscal Year.

ACTION:  (T-2:15 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
51.  
A. MOTION TO OPEN Public Hearing as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), relating to the issuance by the Capital Trust Agency (the “CTA”) of not to exceed $12,000,000 aggregate principal amount of the CTA's Educational Facilities Revenue Bonds (Championship Academy of Distinction of West Broward Project) from time to time in one or more tax-exempt or taxable series pursuant to a plan of financing (the “Bonds”) for the purpose of financing projects for Championship Academy of Distinction K-8 (3) Inc., d/b/a Championship Academy of Distinction of West Broward, a Florida nonprofit corporation (the “Borrower”) located in the City of Sunrise, Broward County, Florida.

ACTION:  (T-2:16 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.

B. MOTION TO ADOPT Resolution No. 2018-408 of the Board of County Commissioners of Broward County, Florida, approving for purposes of Section 147(f) of the Code, Chapter 163, Florida Statutes, and Section 159.29, Florida Statutes, the issuance by the CTA of the Bonds in one or more series in an aggregate principal amount not to exceed $12,000,000 for the primary purpose of financing the acquisition of Championship Academy of Distinction of West Broward located in the City of Sunrise, Broward County, Florida, and providing for an effective date.

ACTION:  (T-2:16 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.

ACTION:  (T-2:20 PM) The Board reconsidered Item 51B.  (Refer to minutes for full discussion.)

VOTE: 9-0.

ACTION:  (T-2:21 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 9-0.
 
52.  
A. MOTION TO OPEN Public Hearing as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), relating to the issuance by the Capital Trust Agency (the “CTA”) of not to exceed $11,000,000 aggregate principal amount of the CTA's Educational Facilities Revenue Bonds (Championship Academy of Distinction High School Project) from time to time in one or more tax-exempt or taxable series pursuant to a plan of financing (the “Bonds”) for the purpose of financing projects for Championship Academy of Distinction at Davie High School, Inc., d/b/a Championship Academy of Distinction High School, a Florida nonprofit corporation (the “Borrower”) located in the City of Lauderdale Lakes, Broward County, Florida.

ACTION:  (T-2:18 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.

B. MOTION TO ADOPT Resolution No. 2018-409 of the Board of County Commissioners of Broward County, Florida, approving for purposes of Section 147(f) of the Code, Chapter 163, Florida Statutes and Section 159.29, Florida Statutes, the issuance by the CTA of the Bonds in one or more series in an aggregate principal amount not to exceed $11,000,000 for the primary purpose of financing the acquisition of Championship Academy of Distinction High School in the City of Lauderdale Lakes, Broward County, Florida, and providing for an effective date.

ACTION:  (T-2:20 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
53.  
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 ABATEMENT OF PUBLIC NUISANCES; AMENDING VARIOUS SECTIONS OF CHAPTER 20, ARTICLE VII, DIVISION 7 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”); CHANGING THE PROCEDURES BY WHICH PUBLIC NUISANCE ABATEMENT MATTERS ARE HEARD AND RESOLVED BY THE CONSUMER PROTECTION BOARD; REQUIRING ANY FINDING THAT A PLACE OR PREMISES IS A PUBLIC NUISANCE BE SUPPORTED BY A CERTIFIED CONVICTION; ALLOWING THE CONSUMER PROTECTION BOARD TO ENTER FINAL ORDERS; PROVIDING FOR JUDICIAL REVIEW OF THE CONSUMER PROTECTION BOARD'S FINAL ORDERS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by the Board of County Commissioners)
 
ACTION:  (T-2:21 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
54.  
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, REPEALING AND REPLACING CHAPTER 20½ OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") TO PROHIBIT NONPAYMENT OF EARNED WAGES; PROVIDING FOR ADMINISTRATIVE HEARINGS AND ADMINISTRATIVE PROCEDURES FOR NONPAYMENT OF EARNED WAGES CLAIMS; PROVIDING FOR ENFORCEMENT OF ADMINISTRATIVE ORDERS IN A COURT OF COMPETENT JURISDICTION; PROHIBITING RETALIATION; PROVIDING FOR REPORTING; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by the Board of County Commissioners)
 
ACTION:  (T-2:22 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
55.  
MOTION TO CONSIDER adoption of a Resolution No. 2018-410 Amending 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 THE BROWARD COUNTY CLIMATE CHANGE TASK FORCE; AMENDING SECTION 12.24 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE") REGARDING MEMBERSHIP; MODIFYING MEMBERSHIP CATEGORIES AND APPOINTMENTS; ADDING DIRECT APPOINTMENTS BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, THE SCHOOL BOARD OF BROWARD COUNTY, AND THE BROWARD LEAGUE OF CITIES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

ACTION:  (T-2:23 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
 
 
56.  
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 15-176 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") PERTAINING TO THE POWERS OF THE BROWARD COUNTY HEALTH FACILITIES AUTHORITY; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by the Board of County Commissioners)
 
ACTION:  (T-2:23 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
57.  
MOTION TO CONSIDER adoption of a Resolution No. 2018-411 Amending 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 THE BROWARD CULTURAL COUNCIL'S INCENTIVE PROGRAM; AMENDING SECTIONS 29.14 THROUGH 29.17 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE") INCLUDING TO CREATE A SECOND APPLICATION CYCLE FOR THE TOURIST DEVELOPMENT TAX CAPITAL CHALLENGE GRANT PROGRAM IN SECTION 29.16; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by Senator Steve Geller)
 
ACTION:  (T-2:23 PM)  Following Board discussion, on motion of Commissioner Holness and seconded by Commissioner Sharief, the Board amended “Program Eligibility Requirements” allowing for nonprofit organizations that have been operational for a minimum of three uninterrupted years to be considered in the first and second cycle for funding; and modifying the Broward Cultural Council Review Panel member to allow for a member that has served for three consecutive years on the Broward Cultural Council.  (Refer to minutes for full discussion.)

VOTE: 9-0.

ACTION:  (T-3:04 PM) On motion of Commissioner Holness, seconded by Commissioner Sharief, the Board amended wording to allow organizations that had not previously received funds to receive priority for funds over entities that had previously received funds.  The motion failed.  (Refer to minutes for full discussion.)
 
VOTE: 3-6.   Commissioners Geller, LaMarca, Rich, Ryan, Vice-Mayor Bogen, and Mayor Furr voted no.
 
ACTION:  (T-3:13 PM)  On motion of Commissioner Ryan, seconded by Commissioner Geller, the Board amended wording pertaining to high and medium ranked entities in the second application cycle (low ranked firms not considered in the second cycle) and introduced a tiebreaker that allows for an entity that had not previously received funds to be ranked higher than an entity that had previously received funding (in the preceding five years).  (Refer to minutes for full discussion.)

VOTE: 5-4.  Commissioners Holness, Sharief, Udine, and Vice-Mayor Bogen voted no.

ACTION:  (T-3:25 PM)   Approved, as amended.  (Refer to minutes for full discussion.)  (See Purple-Sheeted Additional Materials, dated Thursday, September 13, 2018, submitted at the request of County Administration and Commissioner Holness.) 
 
VOTE: 6-3.  Commissions Holness, Sharief, and Vice-Mayor Bogen voted no.
 
58.  
MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows (continued from August 14, 2018 - Item No. 84):

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE GENERAL ADMINISTRATION OF BOARDS, AUTHORITIES, AND AGENCIES; AMENDING SECTION 1-233 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PERMITTING COUNTY ADVISORY BOARDS TO SCHEDULE SPECIAL MEETINGS FOR MATTERS OF URGENCY; PROVIDING ADDITIONAL BASES FOR EXCUSED ABSENCES OF ADVISORY AND OTHER BOARD MEMBERS; CODIFYING THE NOMINATION AND APPOINTMENT PROCESS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by the Board of County Commissioners)
 
ACTION:  (T-3:26 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.  Following public comments and Board discussion, the Board directed staff to investigate the possibility of increasing the number of Advisory Boards that a member of the public can serve on.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
59.  
A. MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows (continued from August 14, 2018 - Item No. 86):
 
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO ZONING NOTICES; AMENDING SECTIONS 39-27, 39-38, 39-42, AND 39-44 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROVIDING FOR NOTICE OF PUBLIC HEARINGS, QUASI-JUDICIAL HEARINGS, AND ORDERS RELATED TO REZONINGS, VARIANCES, ADMINISTRATIVE DECISIONS, AND APPEALS OF ADMINISTRATIVE DECISIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by Vice-Mayor Mark D. Bogen)
 
ACTION:  (T-3:32 PM)  Following public speaker comments and Board discussion, the Board continued this item until the Public Hearing on Tuesday, September 25, 2018.  (Refer to minutes for full discussion.)   (See the Purple-Sheeted Additional Material, dated Tuesday, August 14, 2018, submitted at the request of the Office of the County Attorney and the Purple-Sheeted Additional Materials, dated Thursday, September 13, 2018, submitted at the request of Commissioner Holness and Vice-Mayor Bogen.)  
 
VOTE: 9-0.
 
B. MOTION TO CONSIDER adoption of a Resolution, the title of which is as follows (continued from August 14, 2018 - Item No. 86):
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, RELATING TO LICENSING OF SIGNIFICANT ENVIRONMENTAL IMPACT FACILITIES; AMENDING SECTION 27.170 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"), PROVIDING NOTICE REQUIREMENTS FOR THE LICENSING OF SIGNIFICANT ENVIRONMENTAL IMPACT FACILITIES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by Vice-Mayor Mark D. Bogen)

ACTION:  (T-3:32 PM)  Following public speaker comments and Board discussion, the Board continued this item until the Public Hearing on Tuesday, September 25, 2018.  (Refer to minutes for full discussion.)   (See the Purple-Sheeted Additional Material, dated Tuesday, August 14, 2018, submitted at the request of the Office of the County Attorney and the Purple-Sheeted Additional Materials, dated Thursday, September 13, 2018, submitted at the request of Commissioner Holness and Vice-Mayor Bogen.)  
 
VOTE: 9-0.
 
WATER CONTROL DISTRICTS PUBLIC HEARING
 
60.  
A. MOTION TO OPEN Meeting as the Governing Board of Water Control District No. 4.

ACTION:  (T-3:39 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.

B. MOTION TO APPROVE Reappointment of Robert Hipps and M. Tom Muise to the Water Control District No. 4 Advisory Board for the two-year term of September 9, 2018 to September 8, 2020.

ACTION:  (T-3:39 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
C. MOTION TO CLOSE Meeting as the Governing Board of Water Control District No. 4. (Commission Districts 2, 4 and 9)

ACTION:  (T-3:39 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
61.  
A. MOTION TO OPEN Meeting as the Governing Board of Water Control District No. 3.

ACTION:  (T-3:39 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.

B. MOTION TO APPROVE Reappointment of Edward Phillips to the Water Control District No. 3 Advisory Board for the two-year term from September 9, 2018 to September 8, 2020.

ACTION:  (T-3:40 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.

C. MOTION TO CLOSE Meeting as the Governing Board of Water Control District No. 3. (Commission Districts 2 and 4)

ACTION:  (T-3:40 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
62.  
A. MOTION TO OPEN Meeting as the Governing Board of Cocomar Water Control District.

ACTION:  (T-3:40 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.

B. MOTION TO APPROVE Reappointment of Beale Tilton and appointment of Alberto Torres-Soto to the Cocomar Water Control District Advisory Board for the two-year term of September 9, 2018 to September 8, 2020.
 
ACTION:  (T-3:40 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 9-0.

C. MOTION TO CLOSE Meeting as the Governing Board of Cocomar Water Control District. (Commission District 2)

ACTION:  (T-3:41 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
 
END WATER CONTROL DISTRICTS PUBLIC HEARING
 
END PUBLIC HEARING

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REGULAR AGENDA
 
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DELEGATION
 
63.  
DELEGATION: Victor Cortez

ACTION:  (T-3:41 PM)  The Board heard the Delegation Request by Victor Cortez, Fanny Chavez and David La Roche pertaining to the cost of commercial passenger transportation insurance and fees in Broward County.  (Refer to minutes for full discussion.)
 
FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT
 
  PURCHASING DIVISION
 
For Finance and Administrative Services Department
 
64.  
MOTION TO NOTE FOR THE RECORD Actions taken by the County Administrator during the 2018 summer recess, June 13, 2018 through August 13, 2018, wherein the Board authorized the County Administrator to take procurement-related actions in connection with projects listed in Exhibit 1 on behalf of the Board of County Commissioners.

ACTION:  (T-3:46 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 9-0.
 
ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT
 
PLANNING AND DEVELOPMENT MANAGEMENT DIVISION
 
65.  
MOTION TO DIRECT Office of the County Attorney to draft an amendment to Chapter 5, Article XVII, of the Broward County Code of Ordinances ("Ordinance"), regarding preservation of historic resources, to modify the effective area of the Ordinance by establishing minimum standards for municipalities that enact their own historic preservation Ordinance; to update historic preservation designation procedures and requirements; to update and/or delete references to the initial formation of the Historic Preservation Board; and to make minor updates to the Ordinance for clarification.

(Transferred to the Consent Agenda.)
 
ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
TRANSPORTATION DEPARTMENT
 
TRANSIT DIVISION
 
66.  

A. MOTION TO ADOPT Resolution No. 2018-412 of the Board of County Commissioners of Broward County, Florida, authorizing the Mayor to execute a Supplemental Joint Participation Agreement with the Florida Department of Transportation, District 4, in the amount of $500,000, to provide additional funding for "Broward Breeze" Limited Stop Bus Service along Broward Blvd. between the Sawgrass Mills Mall Park and Ride area in Sunrise and downtown Fort Lauderdale; authorizing the County Administrator to take necessary administrative and budgetary actions; and providing for an effective date. The term of this SJPA is through December 31, 2022. No County Match is required.

(Transferred to the Consent Agenda.)
 
ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.

B. MOTION TO ADOPT budget Resolution No. 2018-413 in the amount of $500,000 in the Transit Corridor Program Fun.

(Transferred to the Consent Agenda.)

ACTION:  (T-1:46 PM)  Approved.  (Scrivener’s Error – See County Administrator’s Report: Motion B currently reads: … Transit Corridor Program Fun.  Should read: … Transit Corridor Program Fund.)
 
VOTE: 9-0.

C. MOTION TO APPROVE addition of eight grant-funded positions within the Transit Corridor Program Fund for Transit Division operations and maintenance staff for the Broward Breeze bus service.

(Transferred to the Consent Agenda.)
 
ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
67.  
A. MOTION TO ADOPT Resolution No. 2018-414 authorizing the Mayor to execute and file a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT), District 4, in the amount of $182,088, to provide funding for leases and other costs associated with Park and Rides for the I-95 Express Bus Service; authorizing the County Administrator to take necessary administrative and budgetary actions; and providing for an effective date. The term of this agreement is from date of execution by FDOT through December 31, 2021. There is no County match required.

(Transferred to the Consent Agenda.)
 
ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.

B. MOTION TO ADOPT budget Resolution No. 2018-415 to increase the Transit Capital Grant Fund in the amount of $182,088, to provide funding for Interstate 95 Express Bus Service.

(Transferred to the Consent Agenda.)
 
ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
 
 
PUBLIC WORKS DEPARTMENT
 
HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION
 
68.  
A. MOTION TO ADOPT Resolution No. 2018-416 supporting the Prospect Road from Commercial Boulevard to Powerline Road improvement project (western section) in partnership with the Broward Metropolitan Planning Organization and the Florida Department of Transportation to enhance bicycle safety along this section of Prospect Road, at no cost to the County. (Commission Districts 4 and 9)

(Per the Thursday Morning Memorandum, the item to be considered by the Board is now based on an amended Part B, a new Part C, and the draft Resolution under Part C that have been distributed as Additional Material.)

ACTION:  (T-3:49 PM)  Approved, as amended, and with Motion C (Resolution No. 2018-417) as reflected in the Yellow-Sheeted Additional Material dated Thursday, September 13, 2018, submitted by County Administration.  (Refer to minutes for full discussion.)  (See the Yellow-Sheeted Additional Material, dated Thursday, September 13, 2018, submitted at the request of the Environmental Protection and Growth Management Department.)
 
VOTE: 9-0.

B. MOTION TO DISCUSS Broward County Staff Complete Streets Team's recommended additional guidelines regarding area-wide impacts pertaining to road lane elimination proposals, and consider the City of Oakland Park's request to support the Prospect Road from Powerline Road to Dixie Highway improvement project (eastern section) in partnership with the Broward Metropolitan Planning Organization and the Florida Department of Transportation to enhance bicycle safety along this section of Prospect Road, at no cost to the County. (Commission Districts 4 and 9)

(Per the Thursday Morning Memorandum, the item to be considered by the Board is now based on an amended Part B, a new Part C, and the draft Resolution under Part C that have been distributed as Additional Material.)

ACTION:  (T-3:49 PM)  Approved, as amended, and with Motion C (Resolution No. 2018-417) as reflected in the Yellow-Sheeted Additional Material dated Thursday, September 13, 2018, submitted by County Administration.  (Refer to minutes for full discussion.)  (See the Yellow-Sheeted Additional Material, dated Thursday, September 13, 2018, submitted at the request of the Environmental Protection and Growth Management Department.)  
 
VOTE: 9-0.
 
 
 
REGIONAL EMERGENCY SERVICES AND COMMUNICATIONS
 
OFFICE OF REGIONAL COMMUNICATIONS AND TECHNOLOGY
 
69.  

MOTION TO AUTHORIZE County Administrator to submit for consideration and to execute a First Amendment to the standard form Participation Agreement between Broward County and the Municipal Participants in Broward County's Regional Consolidated E-911 Communications System, in substantially the form attached as Exhibit 1, subject to review by the County Attorney’s Office as to legal form.

(Transferred to the Consent Agenda.)
 
ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
 
COUNTY ADMINISTRATION
 
INTERGOVERNMENTAL AFFAIRS/BOARDS SECTION
 
70.  
MOTION TO APPROVE appointment of Steven W. Hudson and Jack David Armstrong, Jr. to the Homeless Continuum of Care (HCOC) Board.

(Transferred to the Consent Agenda.)

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
COUNTY COMMISSION
 
71.  
MOTION TO DIRECT Office of the County Attorney to draft an Ordinance to establish a Fair Campaign Practices Committee that will adjudicate complaints of unfair campaign practices in Broward County and publicly condemn practices it deems unfair. (Commissioner Geller)

ACTION:  (T-4:09 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 6-2.  Commissioners Sharief and Udine voted no.  Commissioner Holness was not on the dais during the vote.
 
72.  
MOTION TO APPROVE Second Amendment to Settlement Agreement in City of Sunrise, et al. v. Broward County, 17th Judicial Circuit Court Case No. CACE-013-015660 ("Resource Recovery Board Asset Litigation"). (Mayor Furr)

(Transferred to the Consent Agenda.)

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
73.  
MOTION TO REAPPOINT NOMINEE Barbra A. Stern to the Performing Arts Center Authority. (Commissioner Ryan)

(Transferred to the Consent Agenda.)

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
74.  
MOTION TO CANCEL County's business relationship with Wells Fargo due to the bank's apparent decision to discontinue business relationships with political candidates advocating for expanded patient access to medical marijuana. (Commissioner Bogen)

ACTION:  (T-6:25 PM)  Following discussion, the Board deferred this item to the next agenda.  (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated September 13, 2018, submitted at the request of Finance and Administrative Services Department.)

VOTE:  9-0.
 
75.  
MAYOR'S REPORT
 
(No report given.)
 
76.  
COUNTY ADMINISTRATOR'S REPORT
 
(No report given.)
 
 
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
 
MEETING/WORKSHOP NOTICES
 
BUDGET HEARING NO. 1
Thursday, September 13th, in Room 422 at 5:01 p.m.
 
SUPPLEMENTAL AGENDA
 
 REGIONAL EMERGENCY SERVICES AND COMMUNICATIONS
 
EMERGENCY MANAGEMENT
 
77.  
MOTION TO AUTHORIZE County Administrator to negotiate and execute a First Amendment to the Agreement between Broward County and Sheriff of Broward County for the Operation of Call-Taking, Teletype (Queries Only), and Dispatch Services for the Consolidated Regional E-911 Communications System in substantially the form attached as Exhibit 1, subject to review by the County Attorney’s Office as to legal form.

(Transferred to the Consent Agenda.)

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
COUNTY COMMISSION
 
78.  
MOTION TO DIRECT Office of the County Attorney to draft a proposed Resolution amending Section 12.290 of the Broward County Administrative Code ("Administrative Code") pertaining to the appointment to the law enforcement category of the Animal Care Advisory Committee. (Commissioner Udine)

(Transferred to the Consent Agenda.)

ACTION:  (T-1:46 PM)  Approved.
 
VOTE: 9-0.
 
79.  
MOTION TO DISCUSS Suing the State of Florida for breaking the law and raiding the Sadowski Affordable Housing Trust Fund. (Commissioner Holness)

ACTION:  (T-6:26 PM)  Following discussion, the Board deferred this item to the next agenda.  (Refer to minutes for full discussion.)

VOTE:  9-0.
 
 
 
NON-AGENDA
 
80.   FUND FOR HOMELESSNESS - COMMISSIONER UDINE
 
ACTION:  (T-6:27 PM)  Commissioner Udine referenced a newspaper article as to a $2 billion fund for Homelessness, and asked the Board to look at such.  (Refer to minutes for full discussion.)