ACTION AGENDA MEETING OF DECEMBER 11, 2018 (Meeting convened at 10:11 a.m., recessed at 1:34 p.m., reconvened at 2:13 p.m., and adjourned at 3:46 p.m.) PLEDGE OF ALLEGIANCE was led by Commissioner Beam Furr, District 6.
CALL TO ORDER was led by Mayor Mark D. Bogen, District 2. MOMENT OF SILENCE In memory of United States Marines and United States Marine F/A-18 Pilot Jahmar Resilard of Miramar, Florida. In memory of Arlene Hechter Lakin. In memory of our brave men and women serving our country at home and abroad.
*Dr. Sharief telephonically requested being shown voting in the affirmative on the Consent Agenda. |
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CONSENT AGENDA
A motion was made by Commissioner Geller, seconded by Commissioner Udine and unanimously carried, to approve the Consent Agenda consisting of Items 1 through 24. At the request of the Mayor, Regular Items 29, 30, 32, 33, and Supplemental Items 37, 38, 39, 40, 41, 42, 44, 45, 46 and 50B 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 The following Items were withdrawn/deferred: 12, 13, 36, 48, and 50A. Public Hearing Items consist of Items 25 through 26. The following Items were pulled by the Board and considered separately: 20 and 24. |
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BOARD APPOINTMENTS |
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| 1. | MOTION TO APPROVE Board Appointments | |||||
| A. |
MOTION TO APPOINT Javier Lasaga to the Parks and Recreation Advisory Board. (Commissioner Geller)
ACTION: (T-11:12 AM) Approved with Yellow-Sheeted Additional Material, dated December 11, 2018, submitted at the request of Commissioner Geller. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| B. |
MOTION TO REAPPOINT Thomas H. DiGiorgio, Jr. and Rex Hardin to the Broward County Planning Council. (Commissioner Fisher)
ACTION: (T-11:12 AM) Approved with Yellow-Sheeted Additional Material, dated December 11, 2018, submitted at the request of Commissioner Fisher. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| C. |
MOTION TO APPOINT Diana Guidry to the Urban Wilderness Advisory Board. (Commissioner Udine)
ACTION: (T-11:12 AM) Approved with Yellow-Sheeted Additional Material, dated December 11, 2018, submitted at the request of Commissioner Udine. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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AVIATION DEPARTMENT |
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| 2. |
A. MOTION TO APPROVE Ground Lessor and Tenant Estoppel, Consent to Modified Leasehold Mortgage, and Amendment to Agreement of Lease between Broward County, Sheltair Aviation Center, LLC and SunTrust Bank, providing for Broward County consent to the Sheltair Aviation Center, LLC Leasehold Mortgage for the Westside Property at the Broward County's Fort Lauderdale-Hollywood International Airport; and authorize Mayor and Clerk to execute same.
ACTION: (T-11:12 AM) Approved with Yellow-Sheeted Additional Material, dated December 11, 2018, submitted at the request of the Aviation Department. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. B. MOTION TO APPROVE Ground Lessor and Tenant Estoppel, Consent to Modified Leasehold Mortgage, and Amendment to Agreement of Lease between Broward County, Sheltair Aviation Center, LLC and SunTrust Bank, providing for Broward County consent to the Sheltair Aviation Center, LLC Leasehold Mortgage for the Fuel Farm Facility at the Broward County's Fort Lauderdale-Hollywood International Airport; and authorize Mayor and Clerk to execute same. ACTION: (T-11:12 AM) Approved with Yellow-Sheeted Additional Material, dated December 11, 2018, submitted at the request of the Aviation Department. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. C. MOTION TO APPROVE Ground Lessor and Tenant Estoppel, Consent to Modified Leasehold Mortgage, and Amendment to Agreement of Lease between Broward County, Sheltair Aviation Northside, LLC and SunTrust Bank, providing for Broward County consent to the Sheltair Aviation Northside, LLC Leasehold Mortgage for the Northside Property at the Broward County's Fort Lauderdale-Hollywood International Airport; and authorize Mayor and Clerk to execute same. ACTION: (T-11:12 AM) Approved with Yellow-Sheeted Additional Material, dated December 11, 2018, submitted at the request of the Aviation Department. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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PUBLIC WORKS DEPARTMENT |
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| HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION | ||||||
| 3. |
MOTION TO APPROVE Revocable License Agreement between Broward County and TVC Margate Co. for installation and maintenance of drainage facilities along the south side of Copans Road in the City of Margate, at no cost to the County; and authorize Mayor and Clerk to execute same. (Commission District 2)
ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| 4. |
A. MOTION TO APPROVE Highway Maintenance Memorandum of Agreement between Broward County and the Florida Department of Transportation for the NE 48/49 Street improvement project from Powerline Road to US 1, at an estimated cost of $5,500 to the County for mowing and litter removal during construction; and authorize Mayor and Clerk to execute same. (Commission Districts 2 and 4)
(Per the Tuesday Morning Memorandum, The County Attorney is requesting the following language be added to the Summary/Explanation: “Although there is no specific cap on unknown or unanticipated Federal aid non-participating costs to be borne by the County, FDOT has performed 9 other projects of similar type and scope and the County has paid nothing in actual cost for any Federal aid non-participating items. The estimated construction cost of all of these projects combined is $5,000.000.”) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. 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 NE 48/49 Street improvement project from Powerline Road to US 1. (Commission Districts 2 and 4) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. C. MOTION TO APPROVE Highway Maintenance Memorandum of Agreement between Broward County and the Florida Department of Transportation for the NW 21st Avenue improvement project from Oakland Park Boulevard to Commercial Boulevard, at an estimated cost of $12,397 to the County for mowing and litter removal during construction; and authorize Mayor and Clerk to execute same. (Commission District 9) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. D. 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 NW 21st Avenue improvement project from Oakland Park Boulevard to Commercial Boulevard. (Commission District 9) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| REAL PROPERTY SECTION | ||||||
| 5. |
MOTION TO APPROVE Lease Agreement between Playa Del Mar Association, Inc. (Landlord) and Broward County (Tenant) for a portion of 3900 Galt Ocean Drive in Fort Lauderdale for a term of 15 years plus one 15-year renewal at a rental rate of $62,635 for the initial lease year; and authorize the Mayor and Clerk to execute same. (Commission District 4)
ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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SOLID WASTE AND RECYCLING SERVICES |
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| 6. |
MOTION TO APPROVE Third Amendment to the Agreement between Broward County and Waste Management, Inc. of Florida, for Trash Transfer Stations and Disposal Services in the estimated annual amount of $540,000, extending the term for one year from January 1, 2019 through December 31, 2019, with four one-year renewal periods, for a total estimated cost of $2,700,000, effective upon execution; and authorize the Mayor and Clerk to execute same.
ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| WATER AND WASTEWATER ENGINEERING DIVISION | ||||||
| 7. |
MOTION TO APPROVE Fourth Amendment to the Agreement between Broward County and Carollo Engineers, Inc. for Consultant Services for the Potable Water Storage Tanks and Pumping Systems, Request For Proposal No. R1220410P1, to provide additional engineering services during construction for District 2A, District 3A and District 1B1 potable water storage facilities in the amount of $542,980 for not-to-exceed salaries, $1,500 for reimbursable expenses, and $30,000 for optional additional services, for a revised amount of $4,197,659; with an increase in time for performance of 300 days, and authorize the Mayor and Clerk to execute same. (Commission Districts 4, 7 and 9)
ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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HUMAN SERVICES DEPARTMENT |
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| COMMUNITY PARTNERSHIPS DIVISION | ||||||
| 8. |
MOTION TO RETROACTIVELY APPROVE Agreement between Broward County and the State of Florida Department of Health (DOH) in the amount of $1,827,864 from October 1, 2018, through September 30, 2019, to provide public health services to Broward County residents; authorizing the Mayor and Clerk to execute the Agreement; authorizing the County Administrator to execute amendments to the agreement subject to approval of the amendments by the County Attorney; authorizing the County Administrator to take the necessary administrative and budgetary actions to implement the Agreement.
ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| FAMILY SUCCESS ADMINISTRATION DIVISION | ||||||
| 9. |
MOTION TO APPROVE Agreement between Broward County and Florida Power & Light Company (FPL) for the Care to Share program in the amount not to exceed $1,000,000, from January 1, 2019 to December 31, 2023, to provide assistance to Broward County residents with emergency energy needs; authorizing the Mayor and Clerk to execute same; authorizing the County Administrator to execute amendments to the agreement, subject to approval by the Office of the County Attorney; and authorizing the County Administrator to take all administrative and budgetary actions necessary to implement the Agreement.
ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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PORT EVERGLADES DEPARTMENT |
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| 10. |
MOTION TO APPROVE Broward County's Application to the Foreign-Trade Zones Board requesting approval of a Minor Boundary Modification of Foreign-Trade Zone No. 25 to designate a non-contiguous zone site consisting of one building located in Weston, Florida; and authorize the Port Everglades Department Chief Executive/Port Director to take all necessary administrative actions to effectuate same.
ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT
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| HOUSING FINANCE AND COMMUNITY REDEVELOPMENT DIVISION | ||||||
| 11. |
A. MOTION TO APPROVE Forbearance and Standstill Agreement between Broward County, the Dania Beach Housing Authority and Saratoga Crossings II, LTD (Exhibit 1) addressing the deed to a parcel of land purchased with Broward County Community Development Block Grant funding in 1990 by the Dania Beach Housing Authority with reverter provisions, affirming that as long as the property is used for affordable housing for low/moderate income residents, the reverter provisions in the deed are stayed and have no force or effect; authorizing the Mayor and Clerk to execute same.
ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. B. MOTION TO ADOPT budget Resolution No. 2018-602 (Exhibit 2) within the Affordable Housing Capital Fund in the amount of $437,000 for the purpose of providing gap financing for the construction and development of the Saratoga Crossings affordable housing development. (Commission District 7) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT |
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| PURCHASING DIVISION | ||||||
| For Port Everglades Department | ||||||
| 12. |
MOTION TO AWARD open-end contract to low responsive and responsible bidder, Oracle Elevator Company, for Elevator and Escalator Maintenance and Repair Services at Port Everglades, Bid No. BLD2116389B1, in the initial two-year estimated amount of $1,913,800, including allowances in the amount of $126,000, and authorize the Director of Purchasing to renew the contract for three one-year periods, for a five-year potential estimated amount of $4,784,500. The initial contract period begins on January 1, 2019 and terminates two years from that date, contingent upon receipt and approval of insurance.
(Per the Tuesday Morning Memorandum, this item was withdrawn at the request of the Mayor to allow staff to conduct further due diligence.) |
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| For Public Works Department | ||||||
| 13. |
MOTION TO AWARD open-end contract to low responsive, responsible bidder, Prestige Property Maintenance, Inc., for Maintenance of Greenways and Miscellaneous Landscaping, Bid No. BLD2115965B2, for the Highway and Bridge Maintenance Division, in the annual estimated amount of $1,945,358, which includes allowances in the total amount of $104,000; and authorize the Director of Purchasing to renew the contract for two one-year periods, for a three-year potential estimated amount of $5,836,073. The initial contract period shall begin on December 15, 2018 and will terminate one year from that date.
(Per the Tuesday Morning Memorandum, this item was withdrawn for further staff consideration consistent with changes to the Living Wage Ordinance that was discussed during the Tuesday, December 11, 2018, Commission Meeting.) |
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| 14. |
MOTION TO AWARD fixed contract to low bidder, Lambert Bros., Inc., for Deerfield Island Park Boardwalk Replacement, "clean" low Bid No. PNC2116893C1, for Public Works Department, in the amount of $2,029,500, which includes allowances in the amount of $90,000, to be substantially completed within 180 calendar days from the Project Initiation Date listed in the Second Notice to Proceed, contingent upon the receipt and approval of insurance/performance and payment guaranty, and authorize the Mayor and Clerk to execute same. (Commission District 4)
ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| RECORDS, TAXES, AND TREASURY DIVISION | ||||||
| 15. |
A. MOTION TO APPROVE cancellation of warrants from Central Account No. xxxxxxxxx3785, Tax Refund Account No. xxxxxxxxx9850, and Tax Redemption Account No. xxxxxxxxx0916, due to having a stale date, being unclaimed, or not being negotiated.
ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. B. MOTION TO APPROVE cancellation of warrants from Central Account No. xxxxxxxxx3785, and Self Insurance Account No. xxxxxxxxx0518, due to being voided. Checks have been reissued. ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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COUNTY ADMINISTRATION
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| 16. |
MOTION TO APPROVE Broward County Board of County Commissioners' meeting schedule for calendar year 2019.
ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| 17. |
MOTION TO AUTHORIZE County Administrator to negotiate an agreement, subject to approval by the Board of County Commissioners, to fund a portion of the Pat Salerno Drive/Sawgrass Expressway interchange between the County, the Turnpike Authority, and the City of Sunrise; subject to the review and approval as to legal sufficiency by the Office of the County Attorney.
ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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CULTURAL DIVISION
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| 18. |
MOTION TO APPROVE direct selection of artist Alice Aycock and her proposed artwork design for the Port Everglades Cruise Roadway Project in an amount not-to-exceed $495,000, which is currently budgeted in the Port Everglades Capital Improvement Fund. (Commission District 7)
ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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PARKS AND RECREATION DIVISION
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| 19. |
MOTION TO APPROVE Agreement between Broward County and Florida Power & Light Company (FPL) for construction, installation, and operation of solar energy projects and signage within Broward County Parks, at no cost to Broward County, for an initial term of 20 years and up to two additional five-year terms; and authorize Mayor and Clerk to execute same.
ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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TRANSPORTATION DEPARTMENT
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TRANSIT DIVISION |
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| 20. |
MOTION TO ADOPT Resolution No. 2018-603 of the Board of County Commissioners of Broward County, Florida, adopting the Broward County Transit Development Plan 2019-2028 (TDP), and providing for an effective date.
(Commissioner Furr pulled this item.) ACTION: (T-11:13 AM) Approved. (Refer to minutes for full discussion.) VOTE: 9-0. Dr. Sharief voted in the affirmative telephonically. |
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| 21. |
MOTION TO ADOPT Resolution No. 2018-604 of the Board of County Commissioners of Broward County, Florida, authorizing the Mayor and Clerk to execute and file a Public Transportation Grant Agreement (PTGA), (formerly known as Joint Participation Agreement or JPA) with the Florida Department of Transportation (FDOT), District 4, in the amount of $9,560,213, which requires an equal match by Broward County to provide Block Grant funding to Broward County Transit for public transportation operating costs; authorizing the County Administrator to take necessary administrative and budgetary actions; and providing for an effective date. The term of this PTGA is from date of execution through June 30, 2020.
ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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COUNTY AUDITOR
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| 22. |
MOTION TO ACKNOWLEDGE AND FILE Office of the County Auditor’s Follow-Up Review of Transition Review of the Greater Fort Lauderdale Convention & Visitors Bureau - Report No. 19-02.
ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| 23. |
MOTION TO ACKNOWLEDGE AND FILE Office of the County Auditor’s Audit of Advertising Services Contract at the Greater Fort Lauderdale Convention & Visitors Bureau - Report No. 19-04. |
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| 24. |
MOTION TO ACKNOWLEDGE AND FILE Office of the County Auditor’s Audit of Solid Waste and Recycling Services Division - Report No. 19-05.
(Commissioner Furr pulled this item.) ACTION: (T-11:14 AM) Approved. The Board requested that the County Auditor's Office provide the Board with a breakdown as to hauling and disposal costs. (Refer to minutes for full discussion.) VOTE: 9-0. Dr. Sharief voted in the affirmative telephonically. |
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| 25. |
MOTION TO CONSIDER issuance of new licenses to provide Class 5 - Nonemergency Medical Transportation Services (NEMTS) to Access Help, LLC, ATC Medical Transport Corp, Medical Transport Solutions, Inc., and Nice Transportation Service, Inc.
ACTION: (T-11:15 AM) Approved. (Refer to minutes for full discussion.) VOTE: 9-0. Dr. Sharief voted in the affirmative telephonically. |
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| 26. |
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 BROWARD COUNTY LIVING WAGE ORDINANCE; REPEALING AND REPLACING IN THEIR ENTIRETY SECTIONS 26-100 THROUGH 26-102 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") TO ESTABLISH A LIVING WAGE AND CORRESPONDING HEALTH CARE BENEFIT AMOUNT; PROVIDING FOR DEFINITIONS; PROVIDING THAT THE LIVING WAGE APPLIES TO ALL NEW AND EXISTING CONTRACTS; PROVIDING FOR THE METHOD TO ADJUST THE LIVING WAGE AND HEALTH CARE BENEFIT AMOUNT; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (First Version of Proposed Ordinance Sponsored by Senator Nan H. Rich and Cosponsored by Vice-Mayor Dale V.C. Holness)
(Second Version of Proposed Ordinance Sponsored by Senator Steve Geller) (Per the Tuesday Morning Memorandum, Mayor Bogen requested being a co-sponsor to the First Version of the Proposed Ordinance.) ACTION: (T-11:16 AM PM) Following discussion, the Board approved amendments to Commissioner Rich’s Proposed Ordinance as to increasing the Living Wage to $13.27 per hour, excluding (d) - Healthcare Benefits. In addition, the Board approved Commissioner Geller's amendment for funding sources. (Refer to minutes for full discussion.) VOTE: 9-0. Dr. Sharief voted in the affirmative telephonically. ACTION: (T-1:34 PM) Tabled until later in the meeting. (Refer to minutes for full discussion.) ACTION: (T-2:27 PM) Filed proof of publication and enacted the Ordinance to become effective as provided by law . The Board approved Commissioner Rich’s amendment, Exhibit 3, and Purple-Sheeted Additional Material 26(2) amended by Commissioner Geller’s language providing that General Fund Resources can only be used to mitigate General Fund contracts, and directing the County Attorney to modify Section 26-102d keeping the same substance that is currently in the Ordinance, while the Board considers healthcare at a later date. The Board requested that staff schedule a Board Workshop in January 2019, with an Agenda Item coming back to the Board in January 2019, after the Board Workshop. (Refer to minutes for full discussion.) (See Purple-Sheeted Additional Material submitted the request of County Administration, the Office of the County Attorney and Commissioner Geller.) VOTE: 9-0. Dr. Sharief voted in the affirmative telephonically. |
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END PUBLIC HEARING
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REGULAR AGENDA
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DELEGATION
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| 27. |
DELEGATION: Robin Haines Merrill regarding Voting Experience
ACTION: (T-1:13 PM) Robin Haines Merrill was not present at the time of the Delegation. (Refer to minutes for full discussion.) |
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| 28. |
DELEGATION: Newton B. Sanon, President of OIC of South Florida
ACTION: (T-1:13 PM) Newton B. Sanon updated the Board as to a Transit partnership project. (Refer to minutes for full discussion.) |
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FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT
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| HUMAN RESOURCES DIVISION | ||||||
| 29. |
MOTION TO APPROVE First Amendment to four non-exclusive Agreements, on a month-to-month basis not to exceed 12 months, between Broward County and Alliance Resource Consulting, LLC; Ralph Andersen & Associates; Robert E. Slavin, Inc. d/b/a Slavin Management Consultants (Request for Proposal No. R1142204P1) and Colin Baenziger & Associates (Request for Proposal No. R1210502P1), for Executive Search Professional Services Library.
(Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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COUNTY COMMISSION
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| 30. |
A. MOTION TO APPROVE allocation of $28,675 from the 2000 Safe Parks and Land Preservation Bond Program funds (“Safe Parks Funds”) to fund the purchase of outdoor fitness equipment for Hampton Pines Park in the City of North Lauderdale, and directing the County Attorney to prepare, for execution by the County Administrator, a standard grant agreement between Broward County and the City of North Lauderdale for allocation and distribution of such funds.
(Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. B. MOTION TO APPROVE allocation of $29,325 from the Safe Parks Funds to partially fund a picnic shelter at Waterview Park in Tamarac, and directing the County Attorney to prepare, for execution by the County Administrator, a standard grant agreement between Broward County and the City of Tamarac for allocation and distribution of such funds. (Commissioner Udine) (Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| 31. |
MOTION TO APPOINT County Commissioner to the Florida Association of Counties Board of Directors to fill the District 33 vacancy created by the departure of former County Commissioner Chip LaMarca from the Board of County Commissioners. (Mayor Bogen)
ACTION: (T-2:44 PM) Approved. The Board appointed Commissioner Udine to the Florida Association of Counties Board of Directors. (Refer to minutes for full discussion.) VOTE: 9-0. Dr. Sharief voted in the affirmative telephonically. |
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| 32. |
MOTION TO APPROVE revised Fourth Amendment to Interlocal Agreement for Creation of the Broward County Metropolitan Planning Organization ("Fourth Amendment"), in substantially the same form as attached hereto, and subject to approval by the Office of the County Attorney as to legal sufficiency. (Commissioner Furr)
(Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| 33. |
MOTION TO ACCEPT from the City of Pompano Beach, at no cost to the County, incidental services associated with the use of City of Pompano Beach property as a County Commission district office for Commission District 4, and authorizing the County Administrator, subject to approval as to legal sufficiency by the County Attorney and provided it is at no cost to the County, to execute a lease agreement if required by the City of Pompano Beach. (Commissioner Fisher)
(Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| 34. |
MAYOR'S REPORT
A. “PARKING GARAGE” UPDATES ACTION: (T-3:36 PM) Mayor Bogen referenced Non-Agenda Additional Material, dated December 11, 2018, submitted at his request. Mayor Bogen noted that there are three pages that reflect the status of the “Parking Garage” updates. (See Yellow-Sheeted Additional Material, dated December 11, 2018, submitted at the request of Mayor Bogen. (Refer to minutes for full discussion.) |
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| 35. |
COUNTY ADMINISTRATOR'S REPORT
A. ELECTRIC BUSES
ACTION: (T-3:38 PM) County Administrator Bertha Henry thanked the news media for informing the public as to the testing of electric buses. In addition, Ms. Henry noted that the County is running routes prior to the test bus being returned. (Refer to minutes for full discussion.) |
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SUPPLEMENTAL AGENDA
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AVIATION DEPARTMENT
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| 36. |
MOTION TO AUTHORIZE Director of Aviation to negotiate new Rental Car Concession lease agreements with various current concessionaires of Packages A and B for consideration by the Board, namely, Enterprise Holdings, Inc. d/b/a Enterprise Rent-A-Car, National Car Rental, and Alamo Rent a Car; The Hertz Corporation d/b/a Hertz Rent a Car, Thrifty Car Rental, and Dollar Rent A Car; and Avis Budget Group d/b/a Avis Rent a Car, Budget Rent A Car, and Payless Car Rental, finding that it is in the best interest of the County to negotiate new agreements with these current concessionaires. (Deferred from December 4, 2018 - Item No. 48)
(Per the Tuesday Morning Memorandum, staff requested deferring this item until the Tuesday, January 29, 2019, Commission Meeting. Discussions continue with relative parties.) |
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PUBLIC WORKS DEPARTMENT
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| REAL PROPERTY SECTION | ||||||
| 37. |
MOTION TO AUTHORIZE County Administrator to negotiate and execute any necessary agreements with the Florida Department of Transportation, subject to review as to legal sufficiency by the Office of the County Attorney, to construct certain improvements at the site located at SR 93 (I-75 Alligator Alley) Section 86075, WB Rest Stop (Francis S. Taylor WMA).
(Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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HUMAN SERVICES DEPARTMENT
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| COMMUNITY PARTNERSHIPS DIVISION | ||||||
| 38. |
MOTION TO AUTHORIZE County Administrator to execute the First Amendment to Agreement No. 18-CP-CSA-JRACH-01 between Broward County and Junior Achievement of South Florida, Inc. (JA), in the amount of $200,000, increasing the Agreement amount from $300,000 to $500,000, effective retroactively from October 1, 2018 through September 30, 2019, to provide Financial Literacy and Business Skills Training to Broward County youth; authorizing the County Administrator to execute the Amendment to the Agreement, subject to approval of same by the Office of the County Attorney; authorizing the County Administrator to take any necessary administrative or budgetary action to implement the Amendment.
(Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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TRANSPORTATION DEPARTMENT
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| TRANSIT DIVISION | ||||||
| 39. |
MOTION TO ADOPT Resolution No. 2018-605 of the Board of County Commissioners of Broward County, Florida, authorizing the Mayor to execute a Local Funding Agreement with the Florida Department Of Transportation ("FDOT"), District 4, wherein FDOT shall contribute $251,464 and the County shall contribute $500,000 to fund the construction by FDOT of traffic signal mast arms, a turn lane and a pedestrian crosswalk at SR-845/Powerline Road and NW 59th Court near the Cypress Creek Tri-Rail Station in Fort Lauderdale; authorizing the County Administrator to take all necessary administrative and budgetary actions; and providing for an effective date. (Commission District 9)
(Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| 40. |
A. MOTION TO ADOPT Resolution No. 2018-606 of the Board of County Commissioners of Broward County, Florida supporting the Florida Department of Transportation's installation of transit signal priority equipment for the Oakland Park Boulevard Transit Corridor at six intersections on Oakland Park Boulevard between Flamingo Road and N. Pine Island Road in the City of Sunrise and one intersection at NW 136th Ave. at Flamingo Road in the City of Plantation, at no cost to the County; and providing for an effective date.
(Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. B. MOTION TO APPROVE Highway Maintenance Memorandum of Agreement between Broward County and the Florida Department of Transportation for the Oakland Park Boulevard Transit Corridor Transit Signal Priority Project; and authorize Mayor and Clerk to execute same. (Commission District 1) (Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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COUNTY ADMINISTRATION
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| CULTURAL DIVISION | ||||||
| 41. |
A. MOTION TO ACCEPT grant applications received in the Tourist Development Tax Capital Challenge Grant Program (TDTCCGP) Second Application Cycle.
(Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. B. MOTION TO DEFER approval of the TDTCCGP Second Application Cycle to no later than January 29, 2018 to allow for appeal process to take place on December 13, 2018 and to direct staff to forward the review panel’s recommendations to the Broward County Board of County Commissioners (Board) for final review and approval. (Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved. Mayor Bogen pointed out a Scrivener’s Error in Item 41-B, the MOTION TO DEFER. The date should read, January 29, 2019, instead of January 29, 2018. (Refer to minutes for full discussion.) VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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COUNTY COMMISSION
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| 42. |
MOTION TO APPROVE Pre-Registration in the Solar Together Program offered by Florida Power & Light Company (FPL) providing for the County’s intent to subscribe for ca. 14,574 kilowatts (kW) of solar-generated electric power available as universal solar capacity built by FPL specifically for this program. (Commissioner Rich)
(Per the Tuesday Morning Memorandum, Substitute Motion: MOTION TO AUTHORIZE the County Administrator to pre-register Broward County in the Solar Together Program offered by Florida Power & Light Company, (FPL) no later than December 19, 2018, providing for the County’s intent to subscribe for the maximum allocation deemed appropriate by County Administration (after performing due diligence,) to secure solar-generated electric power available via universal solar capacity built by FPL specifically for this program; subject to review and approval as to form, by the Office of the County Attorney.) (Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| 43. |
MOTION TO ADOPT Resolution No. 2018-607 accepting and endorsing the Intergovernmental Panel on Climate Change (IPCC) Special Report on Global Warming of 1.5°C (IPCC Special Report), committing to even more ambitious local and regional climate action, and directing staff to pursue opportunities for greater local and regional action and incorporation of clean, renewable, and efficient energy practices throughout County operations, programs, partnerships, and services. (Commissioner Rich)
ACTION: (T-2:46 PM) Approved. Commissioner Geller requested being a co-sponsor to this item. (Refer to minutes for full discussion.) VOTE: 8-0. Dr. Sharief voted in the affirmative telephonically. Commissioner Ryan was not present during the vote. |
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| 44. |
MOTION TO ADOPT Resolution No. 2018-608 the title of which is as follows: (Commissioner Fisher)
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, SUPPORTING SENATE BILL 102, WHICH CREATES A MANDATORY CERTIFICATION PROGRAM FOR RECOVERY RESIDENCES IN FLORIDA; DIRECTING THE COUNTY ADMINISTRATOR TO TRANSMIT COPIES OF THE RESOLUTION TO THE BROWARD LEGISLATIVE DELEGATION AND ALL STATE LEGISLATORS REPRESENTING BROWARD COUNTY RESIDENTS; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| 45. |
MOTION TO ADOPT Resolution No. 2018-609 the title of which is as follows: (Commissioner Fisher)
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, SUPPORTING HOUSE BILL 45 AND SENATE BILL 76, WHICH SEEK TO PREVENT CRASHES RELATED TO THE USE OF WIRELESS COMMUNICATION DEVICES WHILE DRIVING, IMPROVE ROADWAY SAFETY, AND REDUCE INJURIES, DEATHS, AND PROPERTY DAMAGE RESULTING FROM THE USE OF SUCH DEVICES; DIRECTING THE COUNTY ADMINISTRATOR TO TRANSMIT COPIES OF THE RESOLUTION TO THE BROWARD LEGISLATIVE DELEGATION AND ALL STATE LEGISLATORS REPRESENTING BROWARD COUNTY RESIDENTS; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved, as amended, with Yellow-Sheeted Additional Material, dated December 11, 2018, submitted at the request of the Office of the County Attorney. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| 46. |
MOTION TO APPOINT NOMINEE Keven Klopp to the School Oversight Committee. (Commissioner Geller)
(Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| 47. |
MOTION TO DISCUSS and provide direction to the Office of the County Attorney regarding the creation of an administrative hearing process for a vendor to challenge a Vendor Performance Rating. (Commissioner Geller) (Deferred from December 4, 2018 - Item No. 56)
ACTION: (T-2:48 PM) Following discussion, the Board requested that the Office of the County Attorney bring information back to the Board in January, 2019. Commissioner Geller asked that the Board provide their input to the County Attorney. (Refer to minutes for full discussion.) |
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| 48. |
MOTION TO DISCUSS legal options in connection with Governor Rick Scott's appointment of a new Broward County Supervisor of Elections, and to discuss directing the Office of the County Attorney to take any legal action necessary to ensure that the appointment process complies with applicable law. (Commissioner Geller)
ACTION: (T-3:25 PM) Following discussion, the Board deferred this item until further consultation with the Office of the County Attorney. (Refer to minutes for full discussion.) |
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| 49. |
MOTION TO DISCUSS audit of Broward County Supervisor of Election’s Office. (Mayor Bogen)
ACTION: (T-2:58 PM) Following discussion, the Board directed the County Auditor's Office to initiate a Performance Audit consistent with the statements made by County Auditor Robert Melton and Peter Antonacci. (Refer to minutes for full discussion.) VOTE: 8-0. Dr. Sharief was not audible during the vote. |
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| 50. |
A. MOTION TO DISCUSS Broward County joining the American Flood Coalition.
(Per the Tuesday Morning Memorandum, Mayor Bogen withdrew Motion A.) B. MOTION TO DIRECT County Administrator to take any necessary action to join the American Flood Coalition, subject to review by the Office of the County Attorney as to legal sufficiency of any applicable agreements or terms and conditions. (Mayor Bogen) (Transferred to the Consent Agenda.) ACTION: (T-11:12 AM) Approved. VOTE: 8-0. Dr. Sharief was inaudible at the time of the vote. ACTION: (T-11:13 AM) Dr. Sharief telephonically requested being shown voting in the affirmative. VOTE: 9-0. |
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| 51. |
A. MOTION TO APPROVE nominations appointing County Commissioners to Board/Authorities/Agencies for a one-year term (Exhibit 1).
ACTION: (T-3:30 PM) Approved as amended appointing Commissioner Rich to Co-Chair the Climate Change Task Force with Commissioner Furr. (Refer to minutes for full discussion.) VOTE: 8-0. Dr. Sharief was not audible during the vote. B. MOTION TO APPROVE nominations appointing County Commissioners to serve as the Mayor’s designee to Boards/Authorities/Agencies for a one-year term (Exhibit 2). ACTION: (T-3:31 PM) Approved as amended appointing Commissioner Fisher to the Transportation Management Association. (Refer to minutes for full discussion.) VOTE: 8-0. Dr. Sharief was not audible during the vote. C. MOTION TO APPROVE nominations appointing County Commissioners to serve as the Mayor’s designee to Boards/Authorities/Agencies for a specified term (Exhibit 3). (Mayor Bogen) ACTION: (T-3:32 PM) Approved as amended appointing Commissioner Udine to serve on the Canvassing Board for the March Election. (Refer to minutes for full discussion.) VOTE: 8-0. Dr. Sharief was not audible during the vote. |
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NON-AGENDA
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| 52. |
HAPPY HOLIDAYS - THE BOARD
ACTION: (T-3:37 PM) The Board wished everyone Happy Holidays. (Refer to minutes for full discussion.) |
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| 53. |
HAPPY HOLIDAYS - COUNTY AUDITOR ROBERT MELTON
ACTION: (T-3:39 PM) County Auditor Robert Melton wished everyone Happy Holidays. (Refer to minutes for full discussion.) |
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| 54. |
POINT-IN-TIME – COMMISSIONER RICH
ACTION: (T-3:39 PM) Commissioner Rich stressed the importance of the upcoming Broward County Point-in-Time Count. Commissioner Rich distributed a flyer to the Board for anyone wishing to volunteer. (Refer to minutes for full discussion.
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| 55. |
NATIONAL IMMIGRANT INTEGRATION CONFERENCE – VICE-MAYOR HOLNESS
ACTION: (T-3:50 PM) Vice-Mayor Holness noted that he attended the National Immigrant Integration Conference in Washington D.C. (Refer to minutes for full discussion.)
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| 56. |
ANNUAL HOLIDAY IN THE PARK – VICE-MAYOR HOLNESS
ACTION: (T-3:41 PM) Vice-Mayor Holness noted that Broward County Parks and Recreation Department will host its 22nd Annual Holiday in the Park event on Saturday, December 15, 2018, from 10:00 a.m., - 4:00 p.m., at Reverend Delevoe Park in Fort Lauderdale. For more information, call (954) 357-8801. (Refer to minutes for full discussion.)
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| 57. |
AWARENESS OF SURROUNDINGS – COMMISSIONER RYAN
ACTION: (T-3:43 PM) Commissioner Ryan reminded everyone to be aware of their surroundings this holiday season. (Refer to minutes for full discussion.)
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| 58. |
THANK YOU – COMMISSIONER RYAN
ACTION: (T-3:43 PM) Commissioner Ryan thanked Commissioner Rich for a gift in his name to Feeding South Florida. (Refer to minutes for full discussion.)
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| 59. |
TOWN HALL MEETING – COMMISSIONER GELLER
ACTION: (T-3:43 PM) Commissioner Geller noted that he will be holding another Town Hall Meeting this week. (Refer to minutes for full discussion.)
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| 60. |
FAIR CAMPAIGN PRACTICES COMMITTEE – COMMISSIONER GELLER
ACTION: (T-3:43 PM) Commissioner Geller reminded the Board of the Fair Campaign Practices Committee, and asked the Board to provide their suggestions to the County Attorney as to organizations that could serve on the Fair Campaign Practices Committee. (Refer to minutes for full discussion.)
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| 61. |
TEXT TO 911 SYSTEM – COMMISSIONER UDINE
ACTION: (T-3:45 PM) Commissioner Udine noted that staff is doing a great job with the Text to 911 System. (Refer to minutes for full discussion.)
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| 62. |
CORAL SPRINGS PARADE – COMMISSIONER UDINE
ACTION: (T-3:46 PM) Commissioner Udine extended invitation to the Coral Springs Parade tomorrow night. (Refer to minutes for full discussion.)
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| 63. |
THANK YOU – COMMISSIONER UDINE
ACTION: (T-3:46 PM) Commissioner Udine thanked staff for everything that they do. (Refer to minutes for full discussion.)
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| 64. |
HAPPY HOLIDAYS – COUNTY ATTORNEY ANDREW J. MEYERS
ACTION: (T-3:46 PM) County Attorney Andrew J. Meyers wished everyone Happy Holidays. (Refer to minutes for full discussion.)
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