"BROWARD GOOD NEWS" MOMENT
 

On behalf of the Board, Commissioner Holness presented a Proclamation to the Central Broward County Kiwanis Club.

CONSENT AGENDA
 

A motion was made by Vice Mayor Sharief, seconded by Commissioner Holness and unanimously carried, to approve the Consent Agenda consisting of Items 1 through 49. Consent Item 48 was taken up following Public Hearing Item 8.  At the request of the Mayor, Regular Items 51, 53, 55, 57, 58, 60, 61, 62, 63 and 65 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The following items were withdrawn/deferred: 11, 20, 43, 44, 50, and Supplemental Items 73 and 74.

The following items were pulled by the Board and considered separately: 3 and 10.

The following item was pulled by members of the public and considered separately:  29. 

MOTION TO APPROVE Board Appointments

MOTION TO APPOINT Farah Robles to the Advisory Board for Individuals with Disabilities. (Commissioner Bogen)

ACTION:  (T-11:03 AM)  Approved with the Yellow-Sheeted Additional Material, dated June 14, 2016, submitted at the request of Commissioner Bogen.

VOTE:  8-0.  Commission District 3 is open.

Fills Commissioner Bogen's vacancy on the Advisory Board for Individuals with Disabilities.

Appoints Farah Robles to the Advisory Board for Individuals with Disabilities.

Commissioner Bogen will fill his vacancy on the Advisory Board for Individuals with Disabilities by appointing Farah Robles.

MOTION TO APPROVE Revocable License Agreement between Broward County, the City of Fort Lauderdale and Wisdom Village Crossing, LP for installation and maintenance of improvements along the west side of North Andrews Avenue north of Sistrunk Boulevard in the City of Fort Lauderdale, at no cost to the County; and authorize Mayor and Clerk to execute same. (Commission District 7)

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

Board of County Commissioners' approval is required for revocable license agreements.

Formalizes the responsibilities of the City of Fort Lauderdale and Wisdom Village Crossing, LP regarding installation and maintenance of improvements along the west side of North Andrews Avenue north of Sistrunk Boulevard.

None.

PUBLIC WORKS DEPARTMENT/HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION RECOMMENDS APPROVAL

North Andrews Avenue is a County road located in the City of Fort Lauderdale. Wisdom Village Crossing, LP and the City of Fort Lauderdale desire to improve the non-vehicular portion of the County right-of-way along Wisdom Village Crossing, LP's property on the west side of North Andrews Avenue, north of Sistrunk Boulevard.

The proposed improvements include sidewalks, pavers, pedestrian decorative lighting, landscaping and irrigation. Wisdom Village Crossing, LP will be obligated to maintain these improvements. The landscaping improvements shall incorporate a minimum 50% native species by plant types and shall follow the Broward County NatureScape program and Florida-Friendly Landscaping principles. In the event that Wisdom Village Crossing, LP fails to maintain the improvements, the City is obligated to perform the maintenance. The agreement also allows the County to terminate the agreement with or without cause at any time. If the agreement is terminated, Wisdom Village Crossing, LP must remove all improvements within the licensed right-of-way and restore the property.

The City of Fort Lauderdale and Wisdom Village Crossing, LP submitted all necessary documentation required by the Office of the County Attorney in May 2016 and this agreement is now ready for the Board of County Commissioners' consideration.

The agreement has been reviewed and approved as to form by the Office of the County Attorney and the Risk Management Division.

Richard C. Tornese, P.E., Director, Highway Construction and Engineering Division, (954) 577-4579
Thomas J. Hutka, P.E., Director, Public Works Department, (954) 357-6410

MOTION TO APPROVE Ground Lease Agreement between Lauderhill Mall Investment, LLC (Landlord) and Broward County (Tenant) for approximately 1.48 acres at the Lauderhill Mall, 1267 N. State Road 7 in Lauderhill, for a term of 30 years plus two successive 30-year terms at a rental rate of $10 per annum to be used as the new Lauderhill Transit Transfer Facility; and authorize the Mayor and Clerk to execute same. (Commission District 9)

(Commissioner Holness pulled this item.)

ACTION:  (T-11:59 AM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Commission District 3 is open.

Provides Broward County with a site for the new Lauderhill Transit Transfer Facility which will be relocated from the southwest corner of Lauderhill Mall to a more visible location along State Road 7.

None.

THE PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION/REAL PROPERTY SECTION AND TRANSPORTATION DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTION.

The item supports the Board of County Commissioners' values of "Cooperatively delivering an efficient and accessible regional intermodal transportation network" and "Consistently delivering responsive, efficient, quality services to the public and internal customers."

Since 1997, Broward County has leased the southwest corner of the Lauderhill Mall property for use as a transit transfer facility. The current site is in a poor service location, suffers from inadequate lighting, and has no customer amenities such as restrooms. It serves over 8,000 passengers daily by both fixed-route and community bus routes but does not have dedicated space for the 60-foot articulated buses and the community buses.

The Transportation Department desires to construct a new transfer facility on the east side of the Lauderhill Mall along State Road 7, and the Landlord has agreed to the relocation. The new proposed Lauderhill Transfer Facility will feature an open-air platform, solar panels, and a state-of-the-art canopy system designed to harvest rainwater. The facility will include ten bus bays including space for articulated buses, electronic bus schedule displays, customer service/ticketing, 24-hour security and areas for commercial advertising for vendors located inside Lauderhill Mall. The facility will also include customer service areas, meeting room for Broward County Transit staff, and public restrooms.

The proposed Ground Lease Agreement has a term of 30 years plus two successive 30-year terms at a rental rate of $10 per annum. However, if the County's use of the leased premises results in an increase in property taxes, County shall reimburse the Landlord at the 4% discount rate for early payment. Federal Transit Administration (FTA) grant funding will be used to construct the new facility and FTA requires a long-term lease. The Ground Lease Agreement states the County is accepting the leased premises "as is" and requires compliance with environmental regulations. A Phase 1 Environmental Site Assessment was performed and no further investigation was recommended. Pursuant to the lease, the County’s monetary damages against the Landlord in the event of default are limited to the Landlord’s equity in the leased property. However, in the event of a breach of County's right to quiet use, occupation and enjoyment, County may pursue all remedies available in equity. Upon completion of the new facility, the existing lease for the current location will be terminated.

Purvi A. Bhogaita, Director, Real Property Section, (954) 357-7333
Thomas J. Hutka, P.E., Director, Public Works Department, (954) 357-6410
Chris Walton, Director, Transportation, (954) 357-8301

MOTION TO APPROVE Disclaimer of Interest in a portion of privately-owned property located at 3601 North Federal Highway in Pompano Beach which will be dedicated to the Florida Department of Transportation for road purposes; and authorize Mayor and Clerk to execute same. (Commission District 4)

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

Board of County Commissioners' approval is required to disclaim County interest in real property.

Clears any potential cloud on title on a portion of privately-owned property to be dedicated to the Florida Department of Transportation for road purposes.

None.

PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION/REAL PROPERTY SECTION AND WATER AND WASTEWATER SERVICES RECOMMENDS APPROVAL OF THE ABOVE MOTION.

BW US 1 Sample, LLC is the owner of vacant land located at 3601 North Federal Highway in Pompano Beach and has a Folio Number of 4843-18-01-0050. The property owner desires to add a driveway along the property's frontage on Sample Road. As a condition of approval, Florida Department of Transportation (FDOT) is requiring the property owner to donate a 2,315-square-foot strip of land for road purposes along Sample Road. A title search indicates that the County may have potential interests in that portion of the property to be dedicated to FDOT. These potential interests relate to use restrictions and a water and sewer system for the property. FDOT has requested that the County execute the proposed Disclaimer of Interest to clear any potential cloud on title. Staff has confirmed that the County's interests will not be adversely affected by executing the Disclaimer of Interest which applies to only that portion of property to be dedicated to FDOT.

The Disclaimer of Interest has been reviewed and approved by the Office of the County Attorney.

Purvi A. Bhogaita, Director, Real Property Section, 954-357-7333
Thomas J. Hutka, P.E., Director, Public Works Department, 954-357-6410

MOTION TO APPROVE Broward County Transit Title VI Fare Equity Analysis for Fare Changes Effective July 1, 2016.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

Federal Transit Administration (FTA) regulations, Title VI Circular 4702.1B, "Title VI Requirements and Guidelines for Federal Transit Administration Recipients," dated October 1, 2012, requires the approval by the Board of County Commissioners (Board), as the governing entity for the Broward County transit system, of a service or fare equity analysis prior to implementing those changes.

Approves BCT's Title VI fare equity analysis for the proposed fare changes, prepared in accordance with FTA regulations.

None.

THE TRANSPORTATION DEPARTMENT AND THE TRANSIT DIVISION RECOMMEND APPROVAL.

This item supports the Board's Values for "Cooperatively delivering an efficient and accessible regional intermodal transportation network" and "Consistently delivering responsive, efficient, quality services to the public and internal customers".

Title VI of the Civil Rights Act of 1964, as amended, is a federal statute which provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

As a recipient of Federal FTA grant funding, the Transit Division (BCT) is required to follow the Title VI Circular 4702.1B, "Title VI Requirements and Guidelines for Federal Transit Administration Recipients," dated October 1, 2012, and prepare a service or fare equity analysis when planning a major service or fare change. This report must be approved by the Transit agency's governing Board. 

BCT Major Service changes are defined as changes that exceed any of the following thresholds:

Exhibit 1 is the Fare Equity Analysis for the proposed bus fare changes with an effective date of July 1, 2016. The proposed fare code changes include creation of a new three-day bus pass for fixed route bus fares; replacing one-ride paper transit tickets with a One-ride and an All-Day bus pass with a magnetic strip; changes to provisions related to the sale of bus passes to homeless individuals to reflect the replacement of transit tickets; and clarifying language related to ADA paratransit trip fares which replaces the word "Prescheduled" with "ADA Paratransit."   

Using methodologies consistent with FTA Circular 4702.1B, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” the results of Title VI Fare Equity Analyses indicate that no disparate impacts or disproportionate burdens on minority or low-income passengers will result from the fare proposal. A passenger survey was conducted between March 16 and March 22, 2016, at transfer centers and online to collect data on potential users of the proposed three-day pass. The results of the passenger survey indicated overwhelming (87%) support for a new three-day pass at a cost of $12.

Additionally, public service agencies and those serving persons experiencing homelessness were surveyed regarding the transition from one-ride paper transit tickets to magnetic strip fare media for passes. Initially, BCT was proposing to eliminate one-ride transit tickets and replace them with an All-Day pass with a magnetic strip; however, many social service agencies quickly expressed concern as they preferred distributing single ride passes versus an All-Day pass which cost more. As a result of the survey and comments from the agencies, a one-ride pass and an all-day pass are proposed to be sold to the agencies.  

In compliance with federal and county regulations, policies and procedures, a public hearing is scheduled today June 14, 2016, at 2:00 p.m. to allow the public to comment on the proposed changes to fixed-route bus fares (Chapter 41 of the Broward County Administrative Code).

Chris Walton, Director, Transportation Department, (954) 357-8361

MOTION TO APPROVE Settlement Agreement between Broward County and Lauderhill Mall Investment, LLC for repairs to Mass Transit Transfer Facility Premises in the amount of $50,000.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

In accordance with the Code of Ordinances of Broward County, Florida, Section 1-51.3(E)(2), settlements exceeding the amount of $15,000 require prior Board approval.

Provides for financial settlement with Lauderhill Mall Investment, LLC for repair claims to the Lauderhill Mall transfer facility resulting from transit buses.

None.

Chris Walton, Director, Transportation Department, (954) 357-8361

MOTION TO APPROVE Third Amendment to Agreement between Broward County and B-Cycle LLC for Management and Operation of a Bike Sharing Program RLI No. R0752602R2; reducing the number of bicycles in the program at the onset of the fifth year of the program from 500 to 275; setting the number of stations at 25 existing stations, providing for growing the system a minimum of two stations per year during the initial five-year renewal term; and adding one additional optional five-year renewal term.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

In accordance with the Broward County Procurement Code, Section 21.43, a contract for suppliers or services of more than five years must have the express consent of the Board.

Amends the agreement with B-Cycle, LLC (B-Cycle) for Management and Operation of a Bike Sharing Program to specify a minimum of 275 bikes and 25 stations at beginning of second term, provides for  reinvestment of net profit in growing the system a minimum of two new stations per year during the initial renewal term; and adds an additional five-year optional renewal term.

None.

TRANSPORTATION DEPARTMENT AND TRANSIT DIVISION RECOMMEND APPROVAL

This item supports the Board's Vision and Goals for Transportation and for a Pristine and Healthy Environment.

On October 26, 2010 (Item No. 37), the Board of County Commissioners (Board) approved an Agreement between Broward County and B-Cycle, LLC (B-Cycle) for Management and Operation of a Bike Sharing Program, Request for Letters of Interest (RLI) No. R0752602R2. Under the terms of that agreement, B-Cycle at it's own cost was to provide all personnel and equipment necessary to establish, operate, and maintain a public bike sharing system. Under the terms of the agreement, B-Cycle is responsible for securing all necessary permits, licenses and permission from public and private entities in order to operate the program. The agreement included the provision for $311,000 in Florida Department of Transportation (FDOT) intermodal grant funding for the program to be reimbursed to B-Cycle when they had a minimum of 275 bicycles and associated stations available for public use on the launch date. The agreement provided for a minimum of 500 bikes and associated stations by the beginning of the fifth year and contained one optional five-year renewal term.

Due to delays encountered by B-Cycle in obtaining the necessary permits and approvals to advertise on the bikes and stations by the various municipalities and other governmental entities, as well as challenges in securing licenses and the subsequent permits required to locate stations on City owned property or right-of-ways in various cities, on March 29, 2011 (Item No. 8), the Board approved the first amendment to the agreement with B-Cycle. The amendment extended a provision for B-Cycle to opt out should they not get licenses and permits. It also extended the launch date, and the end term of the agreement was extended from five years from notice to proceed date to five years from launch date. 

On December 14, 2011, the Broward B-Cycle bike sharing program, officially launched in three cities (Pompano Beach, Fort Lauderdale and Hollywood), with 20 stations and 275 bikes within the system. Broward B-Cycle was the first countywide bike sharing program established in the United States. Within the first year, the bike sharing program expanded to the municipalities of Dania Beach, Lauderdale-by-the Sea, and Hallandale Beach. Florida Department of Transportation (FDOT) grant funds of $311,000 were expended and the County was subsequently reimbursed by FDOT. 
 
On October 23, 2012, the Second Amendment to the Agreement was approved by the Director of Purchasing. The agreement was amended at the request of B-Cycle due to feedback from users of the system. The hours of operation were extended, and the tiered pricing structure was revised to a flat per half hour fee for non-members.  

At the request of B-Cycle (Exhibit 1), the proposed Third Amendment will reduce the number of bicycles required at the onset of the fifth year from 500 to 275, and specifies a minimum of 25 bike sharing stations. B-Cycle has been operating at a deficit due to their capital investment and costs to operate and maintain the bike share system. The proposed amendment provides that once B-Cycle begins earning a net profit, 20% of  profit will be used to  grow the system a minimum of two stations per year during the initial renewal term. The amendment also includes one additional optional five-year renewal term.  

The proposed amendment terms were negotiated and approved by B-Cycle and County staff at Sunshine meetings held on January 28,  May 6,  May 18, and June 3, 2016. The Third Amendment was prepared by and has been reviewed and approved as to form by the Office of the County Attorney.

Chris Walton, Director, Transportation Department, 954-357-8361

MOTION TO APPROVE Electric Bus Demonstration Project, at no cost to the County, with three bus manufacturers, Build Your Dreams Motors, Inc., New Flyer of America, Inc. and Complete Coach Works, in response to Request for Information No. V2111285F1, during the summer recess.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

Board approval is required for the Electric Bus Demonstration Project, in response to Request for Information No. V2111285F1.

Approves demonstration and testing of multiple electric buses to determine if the buses are beneficial for use within Broward County and may be feasible additions to the Transit fleet in the future.

None.

THE TRANSPORTATION DEPARTMENT AND TRANSIT DIVISION RECOMMEND APPROVAL.

This item supports the Board's vision of "A sustainable system of world-class intermodal transportation, infrastructure ... complementing and balancing our natural resources and environment", and it's values "Cooperatively delivering an efficient and accessible regional intermodal transportation network", "Encouraging investments in renewable energy, sustainable practices and environmental protection", and "Consistently delivering responsive, efficient, quality services to the public and internal customers."

On May 13, 2016, the Purchasing Division issued Request for Information (RFI) No. V2111285F1, Electrical Bus Manufacturers solicitation, seeking Electric Bus Manufactures to provide free of charge 40-foot and 60 foot-articulated Transit style buses capable of being operated in both express and local service for up to a 30-day demonstration per bus.

The RFI was intended to identify electrical bus manufacturers and equipment that may be subject to testing and evaluation of the Vendor’s proposed product to determine the feasibility of adding electric buses to the BCT fleet. Besides reducing air pollutants and greenhouse gas emissions that contribute to climate change, all electric buses will also significantly reduce fuel and maintenance costs. These buses do not require fuel, engine oils, transmission fluids, antifreeze, emission control equipment, and the associated filters and costs to dispose of used oils, fluids and filters are eliminated. The buses are all ADA compliant and meet all Federal Transit Administration (FTA) requirements, as well as Federal Motor Vehicle Safety Standards (FMVSS) and Florida Motor Vehicle standards. In addition, proposers were to provide all equipment & parts necessary to charge the vehicles as well as maintain them during the testing period and also provide a qualified technician/trainer free of charge during the testing period.

On May 20, 2016, the County received four responses to the RFI from potential vendors, indicating an interest in participating in the demonstration with 40 foot buses. Vendors that responded include Build Your Dreams Motors, Inc. (BYD), New Flyer of America, Inc., Proterra, Inc., and Complete Coach Works. Of the four responses, Proterra, Inc. is the only bus manufacturer that cannot provide a bus currently, as their production demo vehicle will not be available until the third quarter of 2017. However, they have expressed interest in participating in future solicitations.

Staff is requesting that the Board approve the demonstration project to conduct testing and evaluation of the buses during the Board's summer recess. It is the intent to execute mutual agreements with the corresponding bus manufacturers for the 30-day demonstration period, subsequent to Board approval of this item. The Purchasing Director, in coordination with the County Attorney's office, will be responsible for the vetted development of the mutual agreements with the bus manufacturers.

In the event that the County determines to move forward with the procurement of electric buses, a competitive solicitation will be presented to the Board for approval.

Chris Walton, Director, Transportation Department, (954) 357-8361

MOTION TO ADOPT budget Resolution No. 2016-324 transferring funds within the Law Enforcement Trust Fund (LETF) for the Broward Sheriff's Office (BSO) in the amount of $342,500 for the purpose of providing funds for various organizations' crime prevention, safe neighborhood, and drug abuse education and prevention programs.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

Florida Statutes 932.7055(4) requires that proceeds from the disposition of liens and forfeited property obtained from criminal procedure and corrections be deposited in a special law enforcement trust fund to be used for law enforcement purposes. Recommendation of the Sheriff and Board approval are necessary to appropriate LETF funds.

Provides LETF funding in the amount of $342,500 for various organizations' crime prevention, safe neighborhood, and drug abuse education and prevention programs.

None.

The Broward Sheriff's Office supports this LETF request to provide funding for the various organizations' programs listed in the table below. These programs include local area crime prevention, safe neighborhood, and drug abuse education and prevention initiatives.

Kayla Olsen, Director of Office of Management and Budget, (954) 357-6346

Lt. Col. Tom Harrington, BSO Department of Administration, (954) 831-8180

MOTION TO ADOPT Resolution No. 2016-325 providing for proposed Fiscal Year 2017 non-ad valorem assessment rates for the Fire Rescue Municipal Service Taxing Unit (MSTU), to transmit the proposed rates to the Property Appraiser’s Office for inclusion on the Notice of Proposed Property Taxes and to set the public hearing to adopt the non-ad valorem assessment for September 15, 2016 at 5:01 pm at the Broward County Governmental Center.

(Commissioner LaMarca pulled this item.)

ACTION:  (T-12:02 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Commission District 3 is open.

Ordinance 2000-23 requires the Board to adopt a preliminary rate Resolution prior to the certification of fire rescue non-ad valorem assessment rates to the Property Appraiser by August 4th.

This action approves preliminary fire rescue non-ad valorem assessment rates for transmittal to the Property Appraiser’s Office by August 4th and sets the public hearing to adopt the assessment rates.

None.

A portion of the funding for fire rescue services in the unincorporated area is generated through a non-ad valorem assessment. The Fire Rescue MSTU ordinance authorizing the non-ad valorem assessment requires adoption of a preliminary rate resolution prior to certification of proposed rates to the Property Appraiser. Upon certification of proposed rates to the Property Appraiser, the assessment rates can be reduced but not increased by the County Commission prior to adoption in September. The recommended Fiscal Year 2017 budget will include approximately the same amount of non-ad valorem assessment revenues as generated in Fiscal Year 2016 based on charging the same special assessment rates. The proposed rates are presented in the chart below.
 

Property Category	FY 2017 Proposed  Rates
Residential (per unit)	$190
Commercial/Office (per sq ft)	$.30
Industrial/Warehouse (per sq ft)	$.039
Institutional (per sq ft)	$.14
Vacant Lot (per lot)	$10
Acreage (per acre)	$28

Marci Gelman, Assistant Director, Office of Management and Budget, 954-357-6354

MOTION TO AUTHORIZE County Administrator, or designee, to execute all necessary documents approved by the Office of the County Attorney to effectuate the request to change the job creation schedule for Project 762, a project previously recommended for approval by the Broward County Board of County Commissioners (Board) on June 23, 2015 (Item No. 81) as a qualified applicant for participation in the State of Florida Qualified Targeted Industry Tax Refund Program (“QTI”).

(Deferred to a date to be determined.)

Board approval of economic business development incentive requests and County participation in economic business development incentive programs is required pursuant to Broward County Administrative Code, Section 19.37.1. Board approval is required to authorize the County Administrator, or designee, to execute any request for change to previously approved economic development incentives.

This action responds to the State of Florida's recent request for approval of a change to the job creation schedule (with no change to the amount of monetary local financial support) for Project 762, a project previously recommended for approval by the Board on June 23, 2015 (Item No. 81) as a QTI applicant, and authorizes the County Administrator, or designee, to execute all the necessary documents approved by the Office of the County Attorney to effectuate the requested change to the job creation schedule for Project 762.

On June 23, 2015 the Board approved Resolution 2015-336 (Item No. 81), recommending Project 762 as a qualified applicant for participation in the State of Florida Qualified Targeted Industry Tax Refund Program (“QTI”) pursuant to Section 288.106, Florida Statutes.

THE OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT RECOMMENDS APPROVAL.
 

In the course of finalizing the economic business development incentive agreement with respect to Project 762, a project previously recommended by the Board on June 23, 2015 as a QTI applicant, there is a request by the State of Florida Department of Economic Opportunity to change the job creation schedule previously approved for Project 762. In an effort to streamline the approval process with respect to Project 762, the Office of Economic and Small Business Development requests that the Board authorize the County Administrator, or designee, to execute all necessary documents approved by the Office of the County Attorney to effectuate the requested change to the job creation schedule (with no change to the amount of monetary local financial support) of Project 762. In addition, as recommended by OESBD, on June 23, 2015 the Board originally recommended Project 762 for participation in the QTI Program although the project did not conform to the County’s threshold for positive Net Return. OESBD has since revised its process for calculating Net Return and determined that the project now conforms to the County’s threshold for positive Net Return.

Steven Tinsley, Economic Development Manager, 954-357-8075

MOTION TO APPROVE nominations of Miguel Ascarrunz, and Dr. Niqui Kiffin for reappointment to the Broward Regional Emergency Medical Services (EMS) Council.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

Broward County Code of Ordinances, Chapter 15, Article V, Section 15-74 states vacancies, appointments and reappointments in the membership for the Broward Regional EMS Council, an advisory board to the County Commissioners, shall be filled in the same manner provided for in the original appointment. As such, a name for each category/organization shall be submitted to the Board of County Commissioners for consideration as an appointment to the Broward Regional EMS Council.

This action allows the Board of County Commissioners to reappoint individuals to fill the positions of: Broward County Emergency Management Division, and Physicians: Surgeon.

None.

THE BROWARD REGIONAL EMERGENCY MEDICAL SERVICES (EMS) COUNCIL, THROUGH THE OFFICE OF MEDICAL EXAMINER AND TRAUMA SERVICES, RECOMMENDS APPROVAL.

The Broward Regional EMS Council makes recommendations to the Board on issues concerning the delivery of emergency and nonemergency care and transportation to the citizens and visitors of Broward County.

Each member of the Council represents a specific category based upon expertise within a given area. The County Commission appoints Council members and each serves for a four-year term, or through the expiration of a vacant position's term, at the pleasure of the Board of County Commissioners.

The Broward Regional EMS Council met on March 3, 2016 and approved forwarding the following nominations for reappointment:

Qualifications for re-appointments have been reviewed and are on file with the Office of the Medical Examiner and Trauma Services.

Cheryl Rashkin, Manager, Trauma and EMS Section, Office of Medical Examiner and Trauma Services, 954-357-5234
Dr. Craig Mallak, Director, Office of Medical Examiner and Trauma Services, 954-357-5209

MOTION TO APPROVE nomination of Edwina Kessler for appointment to the Broward Regional Emergency Medical Services (EMS) Council.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

Broward County Code of Ordinances, Chapter 15, Article V, Section 15-74 states vacancies, appointments and reappointments in the membership for the Broward Regional EMS Council, an advisory board to the County Commissioners, shall be filled in the same manner provided for in the original appointment. As such, a name for each category/organization shall be submitted to the Board of County Commissioners for consideration as an appointment to the Broward Regional EMS Council.

This action allows the Board of County Commissioners to appoint an individual to fill the vacant position of Broward County Bar Association.

None.

THE BROWARD REGIONAL EMERGENCY MEDICAL SERVICES (EMS) COUNCIL, THROUGH THE OFFICE OF MEDICAL EXAMINER AND TRAUMA SERVICES, RECOMMENDS APPROVAL.

The Broward Regional EMS Council makes recommendations to the Board on issues concerning the delivery of emergency and nonemergency care and transportation to the citizens and visitors of Broward County.

Each member of the Council represents a specific category based upon expertise within a given area. The County Commission appoints Council members and each serves for a four-year term, or through the expiration of a vacant position's term, at the pleasure of the Board of County Commissioners.

The Broward Regional EMS Council met on June 2, 2016 and approved forwarding the following nomination for appointment: Edwina Kessler, representing Broward County Bar Association (June 14, 2016 - January 23, 2019). The qualifications for Ms. Kessler have been reviewed and are on file with the Office of the Medical Examiner and Trauma Services.

Cheryl Rashkin, Manager, Trauma and EMS Section, Office of Medical Examiner and Trauma Services, 954-357-5234
Dr. Craig Mallak, Director, Office of Medical Examiner and Trauma Services, 954-357-5209

MOTION TO APPROVE settlement, including costs and attorney's fees, in the case of Willie A. Flowers v. Broward County, 17th Judicial Circuit Court Case No. 15-007782 (04).

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

This settlement will resolve the pending litigation.

Settlement of pending litigation.

On November 13, 2012, Plaintiff Willie Flowers was a passenger on a transit bus traveling south on US-1. The Broward County bus ran a red light and was struck by another vehicle. It is alleged that the Plaintiff sustained injuries to his neck, back, and shoulder. As a result of the accident, the Plaintiff has incurred approximately $172,000 in medical bills. He has agreed to settle this case in the amount of $30,000, inclusive of attorney's fees and costs.

The Risk Management Division and Transit Division concur with and recommend approval of this settlement.

Richard A. Grillo, Assistant County Attorney, 954-357-7600

A. MOTION TO APPROVE grant agreement in the amount of $30,000 from the Community Foundation of Broward, for the Animal Care and Adoption Division (ACAD) for the purpose of encouraging more people to foster animals by providing supplies to foster volunteers.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

B. MOTION TO APPROVE delegation for signature of the grant agreement to the County Administrator.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

C. MOTION TO ADOPT budget Resolution No. 2016-326 within the Animal Care Grant Fund in the amount of $30,000 for the purpose of encouraging more people to foster animals by providing supplies to foster volunteers.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

The Board of County Commissioners must approve grant agreements. Unanticipated revenues require Board action by Resolution to accept and allocate.

Enables the County to accept and allocate grant funds from Community Foundation of Broward, for the purpose of lifesaving efforts in the shelter.

None.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE ANIMAL CARE AND ADOPTION DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

Broward County was awarded this grant as part of the launch of a new initiative called “Purr-fect Foster” to encourage more people to foster kittens. ACAD will supply foster volunteers with the basic supplies needed according to the age of the kittens fostered. The grant, in the amount of $30,000, will allow Broward’s ACAD staff to purchase kits stocked with supplies. With the increased resources available, ACAD hopes to increase the number of regular foster volunteers, and the number of kittens saved as results of the increase of foster parents.

As a point of information, the grant agreement forwarded by the Community Foundation contained a number of terms and conditions generally accepted by Broward County.

The County Attorney’s Office recommended disclosure of a non-standard provision in the agreement that requires the County to indemnify Community Foundation of Broward to the extent permitted by Florida Statutes.

Given that this is the second partnership that Broward County is entering with the Community Foundation of Broward with this grant, staff recommends the Board approve this request to ensure this valuable partnership with the Community Foundation of Broward will continue in the future.

The County Attorney’s Office has approved the Grant Agreement as to form.

A. MOTION TO APPROVE Grant Agreement between Broward County and the State of Florida Division of Emergency Management, in the amount of $26,518, to update hazardous material facility site plan data; the Agreement to be effective from execution by both parties through June 30, 2017; authorize the Mayor to execute same; and authorize the County Administrator to take all necessary administrative actions to implement the Agreement.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

B. MOTION TO ADOPT budget Resolution No. 2016-327 to appropriate additional revenue in the amount of $26,518 within the Hazardous Materials Grant fund for the purpose of updating hazardous material site plan data that helps support the welfare and well-being of County residents, businesses and emergency management stakeholders.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

Board approval is necessary to approve the agreement with State of Florida Division of Emergency Management and accept the grant award.

This action will allow for continued provision of funds to enhance emergency management functions in support of agency collection, analysis, processing and maintenance of hazardous material site plan information.

None.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE EMERGENCY MANAGEMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS. 
 

On April 20, 2016 the State of Florida Division of Emergency Management (FDEM) awarded Broward County a $26,518 grant to perform a hazards analysis and update of site data at facilities in Broward County that store extremely hazardous materials as designated by the U.S. Environmental Protection Agency (EPA). The Fiscal Year 2016/Fiscal Year 2017 State-Funded Subgrant Agreement provides funding to assist in maintaining the capability necessary to perform the duties and responsibilities required by the Emergency Planning and Community Right To Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act, 42 U.S.C. s. 1101 (SARA). The County hazards analysis is used as input to the Local Emergency Planning Committee (LEPC) Emergency Response Plan for Hazardous Substances required under EPCRA and encompasses: a description of emergency response procedures; designation of a community coordinator and facility emergency coordinator(s) to implement the plan; outline of emergency notification procedures; description of how to determine the probable affected area and population by releases; description of local emergency equipment and facilities and the persons responsible for them; outline of evacuation plans; a training program for emergency responders; and, methods and schedules for exercising emergency response plans. The Broward County Emergency Management Division maintains the hazards analysis data for Emergency Support Function No. 10 (Hazardous Materials) of the County's Comprehensive Emergency Management Plan (CEMP). The data is also made available to emergency responders in the event of a facility hazardous materials emergency.

Miguel Ascarrunz, Director, 954-831-3908

MOTION TO APPROVE Resolution No. 2016-328 approving the policy embodied in Amendment 4 to the Florida Constituion, “Solar Devices or Renewable Energy Source Devices; Exemption from Certain Taxation and Assessment,” and providing an effective date. (All Commission Districts)

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

Action of the Board of County Commissioners is required to adopt Resolutions.

None.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND ENVIRONMENTAL PLANNING AND COMMUNITY RESILIENCE DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

This item supports the County Commission’s Value: Encouraging investments in renewable energy, sustainable practices and environmental protection; and the Goal: Seek funding for, implement policies and pursue projects promoting, the use of alternative energy, resource conservation, sustainable practices and environmental protection.

During its 2016 session, the Florida Legislature unanimously adopted House Joint Resolution 193, placing Amendment 4, a proposed amendment to the Florida Constitution entitled “Solar Devices or Renewable Energy Source Devices; Exemption from Certain Taxation and Assessment,” on the August 30, 2016, ballot.  Amendment 4 would authorize the Legislature to exempt solar and other renewable energy systems from property appraisals and from the tangible personal property tax. Such exemptions would promote the use of renewable energy by residents and businesses. The tangible personal property tax exemption could have the effect of unleashing solar leasing programs in Florida, in which companies lease solar equipment to household and businesses, with no or little upfront cost to the customer. At present, Florida’s tangible personal property tax on leased equipment adds several cents to the average kilowatt-hour cost of electricity generated by leased solar equipment, rendering solar leasing programs uneconomical and unappealing to potential customers. An earlier constitutional amendment approved by voters in 2008 and implemented by the Legislature in 2013, exempts renewable energy systems from only residential property appraisals.

Amendment 4 is one of two solar-related constitutional amendments being advanced in 2016. Proponents of Amendment 4 include a wide range of environmental, business, retail, and consumer advocacy groups, including: The Nature Conservancy, Conservatives for Energy Freedom, Florida Retail Federation, Christian Coalition, Florida Chamber of Commerce, Advanced Energy Economy, Solar Energy Industries Association, Vote Solar, Florida Restaurant & Lodging Association, Southern Alliance for Clean Energy, and Floridians for Solar Choice.  A second solar-related amendment to the Florida Constitution, not related to this agenda item, referred to as "Amendment 1" and on the November 8, 2016 ballot,  concerns consumer ownership or leasing of solar equipment to generate electricity.

The Southeast Florida Regional Climate Change Compact State Energy and Climate Legislative Program, jointly adopted annually by Broward, Palm Beach, Miami-Dade, and Monroe Counties, has specifically supported “legislation and/or constitutional amendments that will exempt solar photovoltaic systems from commercial property assessments and the tangible personal property tax,” for the past two years.

Broward County has a long history of promoting renewable energy, both in County operations and in the community. Recent efforts includes the Go SOLAR Florida Initiative to increase rooftop solar photovoltaic installations throughout the state, a public-private partnership with FPL to install a solar PV system at the Young at Art Museum, adoption of a Renewable Energy Action Plan for County facilities and a Community Energy Strategic Plan, and the recent approval by the Commission of the 2015 Update to the Broward County Climate Change Action Plan.

Dr. Jennifer Jurado, Director, Environmental Planning & Community Resilience Division, (954) 519-1464

MOTION TO ADOPT Resolution No. 2016-329 of the Board of County Commissioners of Broward County, Florida approving the Housing Finance Authority’s publication of a Notice of Public Hearing and the subsequent holding of such Public Hearing each under Section 147(f) of the Internal Revenue Code of 1986, as amended, in connection with the issuance by the Housing Finance Authority of its Multifamily Housing Revenue Bonds to finance all or a portion of the cost of the acquisition, rehabilitation and equipping of certain Multifamily Housing Facilities (96 unit Stanley Terrace Apartments) to be located within Broward County, Florida, and other related purposes; and providing an effective date. (Commission District 4)

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

Housing Finance Authority of Broward County, Florida, is empowered under (i) the laws of the State of Florida, including the Florida Housing Finance Authority law, Florida Statutes, Sections 159.601 through 159.623 (the “Act”), and (ii) Ordinance 79-41 enacted by the Board of Commissioners of Broward County, Florida, on June 20, 1979, as amended, to issue Multifamily Housing Revenue Bonds and refund said bonds.

Allows the Housing Finance Authority of Broward County to publish a notice of and hold a public hearing as required by Section 147 (f) of the Internal Revenue Code of 1986 (the “TEFRA Hearing”) in connection with the proposed financing by the Housing Finance Authority of Broward County of the cost of the acquisition, rehabilitation and equipping of a multifamily rental development.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE HOUSING FINANCE AND COMMUNITY REDEVELOPMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

This item supports the Board’s vision of offering sustainable, compatible, innovative housing options for all income-levels, including integrated supportive housing and rapid-rehousing: Goal 1: Facilitate a regional approach to growth and redevelopment through coordination and collaboration at the federal, state, county, and local levels; Goal 2: Strengthen stakeholder partnerships to increase the availability of affordable housing of all types (e.g. rental, purchase, supportive, etc.), countywide, in every community; and Goal 3: Develop, through effective community collaboration, neighborhoods and communities incorporating intermodal connectivity, while integrating energy efficiency, community resilience, and other livability standards and initiatives.

On May 23, 2013, the Housing Finance Authority of Broward County (the “HFA”) received a multifamily application from the Housing Authority of the City of Deerfield Beach (DBHA) (the “Developer”) requesting the HFA to issue its Multifamily Housing Revenue Bonds in an amount, as revised, not to exceed $6,000,000 (the “Bonds”), to finance the cost of the acquisition, rehabilitation and equipping of a 96-unit multifamily rental housing development to be known as Stanley Terrace Apartments for persons of low to moderate income, located at 412 Southwest 2nd Street in the City of Deerfield Beach.

At its August 14, 2013, board meeting, the HFA approved Inducement Resolution 2013-011 declaring its intent to issue the Bonds to finance the cost of the acquisition, rehabilitation and equipping for the Stanley Terrace Apartments (the “Project”), and authorizing the TEFRA Hearing that was held on September 26, 2013, as required by Section 147(f) of the Code.

On October 22, 2013, the Board of County Commissioners (the “BOCC”) adopted Resolution 2013-827, Item 28, in which it ratified the HFA’s actions in connection with conducting the TEFRA Hearing on September 26, 2013, which TEFRA Hearing expired on September 26, 2014. A second TEFRA Hearing was held on April 8, 2015, immediately preceding the regularly scheduled HFA board meeting. The TEFRA was for an amount not to exceed $6,000,000. Subsequent to the April 8, 2015, TEFRA Hearing, the Developer determined that the not to exceed Private Activity Bond (“PAB”) allocation amount needed to be increased to $9,000,000 due to changes in the proposed financing structure of the Project. A TEFRA Hearing was held on August 19, 2105, for an amount not to exceed $9,000,000. On September 1, 2015, the BOCC adopted Resolution 2015-417 in which it ratified the HFA's actions in connection with the August 19, 2015, TEFRA Hearing. 
 

The Developer requested an additional revision to the PAB allocation and requested that the HFA update the TEFRA amount due to the underwriting requirements of the U.S. Department of Housing and Urban Development and the Florida Housing Finance Corporation. Based on the increase in the proposed Bond amount to an amount not to exceed $11,000,000, pursuant to the approval of the HFA Board at its February 10, 2016 meeting (Resolution 2016-010 was prepared by Bond Counsel and approved as to form by the Office of the County Attorney), a TEFRA Notice was published in the Sun Sentinel on February 11, 2016, and the TEFRA Hearing was held on February 26, 2106, as required by Section 147(f) of the Code.
 

The HFA is requesting authorization and ratification of (i) the publishing of the TEFRA Notice, and (ii) the holding and resulting minutes of the TEFRA Hearing held on February 26, 2016.

Ralph Stone, Director, Housing Finance and Community Redevelopment Division, 954-357-5320.

MOTION TO CONSIDER APPROVAL of the Second Amendment to Declaration of Restrictive Covenants recorded in Official Records Book 50722, Page 1377 relating to Broward County Land Use Plan (BCLUP) Amendment PC 13-13 also known as the Parkland Royale Plat. (Commission District 3)

ACTION:  (T-11:03 AM)  Approved with the Yellow-Sheeted Additional Material, dated June 14, 2016, submitted at the request of Environmental Protection and Growth Management.  

VOTE:  8-0.  Commission District 3 is open.

County Commission approval is required to amend the Declaration of Restrictive Covenants.

Amends a voluntary commitment made in conjunction with Land Use Plan Amendment PC 13-13 in the City of Parkland with regard to traffic mitigation for a left turn lane on Loxahatchee Road.

None.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL of the applicant’s request to amend the Declaration of Restrictive Covenants, subject to the recordation of a document acceptable to the County Attorney’s Office. See attached Staff Report (Exhibit 1).

The applicant requests approval to amend the covenant made in conjunction with a Land Use Plan Amendment:

The property is located on approximately 183 acres at the southeast corner of Loxahatchee Road and Bishop Pit Road in the City of Parkland (see Exhibit 2). The original Declaration of Restrictive Covenants, recorded in O.R. Book 50722, Page 1377, was made in conjunction with Land Use Plan Amendment PC 13-13, adopted by the County Commission on March 11, 2014, which permitted a maximum of 549 dwelling units. The property was platted as “Parkland Royale” and approved by the County Commission on January 13, 2015 for 538 “Active Adult” Single Family Detached Units and 6.98 acres of ancillary recreation.
 

The Declaration of Restrictive Covenants was amended on March 11, 2014 (O.R. Book 50951, Page 619) to revise the affordable housing commitment from $1,150 per single family home to $1,500 per single family home to be paid prior to the environmental review approval of construction plans of building permits.

Mr. Mele, representing the current property owner, HOVSITE III Parkland LLC, is now requesting to amend the Declaration by replacing the commitment to construct, or have constructed, an exclusive westbound left turn lane on Loxahatchee Road at University Drive with a monetary contribution made to the County in the amount of $168,817 prior to the County’s Environmental Review of the first residential dwelling unit within the property. This amendment is justified because Broward County, the Florida Department of Transportation and the City of Parkland are working jointly on a project to improve Loxahatchee Road from State Road 7 west to the Arthur Marshall Loxahatchee Refuge, and if the turn lane is constructed now, it would likely have to be demolished and replaced as part of the overall road improvement.

At the City of Parkland’s request, the proposed Amendment also requires the property owner to contribute $300,000 for the installation of a traffic signal at the intersection of Nob Hill Road and Hillsboro Boulevard which the applicant has agreed to pay.

Josie P. Sesodia, AICP, Director, Planning and Development Management Division, (954) 357-6602

MOTION TO APPROVE Contract No. GC890 between the Florida Department of Environmental Protection (FDEP) and Broward County Board of County Commissioners to provide for continued management of petroleum contamination cleanups within Broward County on behalf of the State, for which expenditures are fully funded by the State, effective dates July 1, 2016 through June 30, 2021, and to authorize the Contract Manager to execute Task Assignments as required throughout the term of the Contract. (All Commission Districts)

(Withdrawn for further staff review.)

Section 125.01(1)p, Florida Statues authorizes the Board to enter into Agreements with other governmental agencies. Board action is required for Agreement approval.

This action will replace Agreement No. S0479 with Contract No. GC890, which provides for the expenditure of annually allotted State funds to compensate Broward County for the oversight of petroleum contamination cleanups.

No previous action taken.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE POLLUTION PREVENTION DIVISION (PPD) RECOMMEND APPROVAL OF THE ABOVE MOTION.

This item supports the County's value of encouraging investments in renewable energy, sustainable practices and environmental protection; and the associated goal to seek funding for, implement policies and pursue projects promoting the use of alternative energy, resource conservation, sustainable practices and environmental protection.

Approval of this item authorizes execution of a contract between the Florida Department of Environmental Protection (FDEP) and PPD, permitting PPD to continue management of petroleum contamination cleanups within Broward County on behalf of the State. Work under the contract is assigned via annual Task Assignments (the County has not yet received Task Assignment 1). The Contract also authorizes the FDEP to use performance incentives in their Task Assignments.

The Board approved Agreement No. S0479 between Broward County and the FDEP on January 12, 2010 (Agenda Item 15), for oversight of the cleanup of petroleum contaminated sites within Broward County, and authorized the agreement manager to execute annual Task Assignments. On June 30, 2015, the County Administrator executed Amendment No. 1 to Agreement No. S0479, changing the completion date of the Agreement from June 30, 2015 to June 30, 2016.

Because Agreement No. S0479 expires June 30, 2016, it is now necessary to approve the replacement Contract No. GC890, effective July 1, 2016 through June 30, 2021. Contract No. GC890 has been reviewed by Risk Management and approved as to form by the Office of the County Attorney (Exhibit 2).
 
Because the County is a recipient of funds from a state agency under this Contract, the County’s standard form agreement provisions are not included. In particular, Contract No. GC890 contains the following language on page 2 of Exhibit 2; "3. F. Department shall not authorize any Work, and may suspend or terminate for cause any Work assigned to Local Program under this or any other contract, if and in the event that Department and Local Program (or any of its affiliates or authorized subcontractors) are adverse in any litigation, administrative proceeding or alternative dispute resolution, until such adverse relationship is resolved either by agreement or by final non-appealable order of a court.”

Jeffery D. Halsey, Director, Pollution Prevention Division, (954) 519-1468
Lorenzo Fernandez, Assistant Director, Pollution Prevention Division, (954) 519-1249

MOTION TO APPOINT Morgan Stanley & Co. LLC as senior managing underwriter, and RBC Capital Markets, LLC and Estrada Hinojosa & Company, Inc. as co-managing underwriters for upcoming refunding of Professional Sports Facilities Refunding Bonds, Series 2006A.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

Board approval is required to appoint an underwriting team from the approved library.

Provides the underwriters necessary to complete a refunding of Professional Sports Facilities Refunding Bonds, Series 2006A.

None.

THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION.

On June 11, 2013 (Item No. 55), the Board approved a library of underwriters to serve as senior and co-managers on County financings at the recommendation of the Chief Financial Officer and with approval by the Board. The approved library currently consists of Citigroup Global Markets, Inc.; Estrada Hinojosa & Co., Inc.; Jefferies LLC; JP Morgan Securities LLC; Bank of America Merrill Lynch; Morgan Stanley & Co. LLC; Raymond James & Associates, Inc.; RBC Capital Markets, LLC; Samuel A. Ramirez & Co., Inc.; and Siebert Brandford Shank & Co., L.L.C. Exhibit 1 is a matrix containing each firm's experience with the County on financings that have occurred since 2011.

The County has an opportunity to refund the remaining portions of the Professional Sports Facilities Refunding Bonds, Series 2006A which had refunded the outstanding Broward County, Florida Professional Sports Facilities Tax and Revenue Bonds, Series 1996A (Broward County Civic Arena Project) and Broward County, Florida Professional Sports Facilities Tax and Revenue Bonds, Taxable Series 1996B (Broward County Civic Arena). The Series 2006A Bonds maturing on or after September 1, 2017 are callable on September 1, 2016. 

Based on updated market conditions as of June 3, 2016, current net present value savings for the refunding of Series 2006A (with eight-yr Par Call) are estimated to be in excess of $14.5 million, or 17.5% of the refunded par amount. According to the Amended and Restated Arena Operating Agreement, which was entered into with the Arena Operating Company (AOC), among others, and approved by the Board of County Commissioners on December, 8, 2016 (Item No. 67), this refunding would result in an estimated average annual debt service reduction of approximately $1.35 million on the County Preferred Revenue Allocation paid by the AOC and the Annual Contribution paid by the County to the AOC. Also consistent with this Agreement, the annual Letter of Credit and Termination Payments would be reduced pursuant to the annual savings.

In identifying underwriters for this transaction, staff along with the financial advisor assigned to this transaction (Stifel, Nicolaus & Company, Inc), reviewed responses to a series of questions to determine qualifications related to this specific transaction. The underwriter firms in the library were asked to provide the capital position of their company, discuss any changes to the firm's capital structure, provide information on regulatory issues, discuss the firm's understanding of the County's Professional Sports Facilities credit profile, describe the firm's experience acting as senior manager on Tourist Development Tax related transactions, describe the firm's approach to credit ratings, and recommend a financing structure. Based on this review, Morgan Stanley & Co. LLC is being recommended as senior manager, and RBC Capital Markets, LLC and Estrada Hinojosa & Company, Inc. are recommended as co-managers due to overall experience, provided marketing plan, and proposed structuring for this issuance. See Exhibit 2 for supporting analysis provided by the financial advisor.

Financing documents will be brought back to the Board for consideration before this transaction proceeds to market.

MOTION TO FILE Broward County, Florida, Single Audit Report on Federal Awards and State Financial Assistance for the Fiscal Year Ended September 30, 2015.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

In accordance with the U.S. Office of Management and Budget (OMB) Circular A-133, applicable provisions of Florida Statutes, and Chapter 10.550, Rules of the Auditor General, an annual Single Audit is required to be performed for Broward County grants.

Compliance with Federal and State regulations.

None.

THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT AND THE ACCOUNTING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

The annual Single Audit is required by federal and state regulations. The current Single Audit Report (Exhibit 1) covers the Federal Awards and State Financial Assistance of Broward County for the fiscal year ended September 30, 2015. For the 2015 Fiscal Year, the Single Audit reported no findings.

Susan Friend, Director, Accounting Division, 954-357-7140

MOTION TO APPROVE travel outside the continental United States for the County employee on the attached summary in accordance with Volume 1 of the Administrative Code - Chapter 3, Part II, section 3.10 - County Employee Travel.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

Board approval is required for nonbusiness travel outside the continental United States.

Provides compliance with the Administrative Code.

None.

THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT, THE ACCOUNTING DIVISION, AND THE PORT EVERGLADES DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTION.

In accordance with the procedures outlined in Volume 1 of the Administrative Code, Chapter 3, Part II, Section 3.10 - Travel, attached is a request for Port Everglades employee, Nicholas Vandenheiligenberg to travel to Vancouver, Canada to participate in the American Association of Ports Authorities Energy and Environment Seminar, September 13 - 16, 2016.

As an American Association of Ports Authorities Professional Port Manager Certification Program (PPM) candidate, Nicholas is required to complete this core seminar requirement. The Energy and Environment seminar will encompass a broad range of environmental issues and energy policy discussions of vital concern to port managers and other senior port executives. The program will focus on both energy as a commodity/business line and a power source/cost-savings opportunity for ports.

Glenn A. Wiltshire, Deputy Port Director, 954-468-3504

A. MOTION TO APPROVE Risk Management Division performing an audit and obtaining an actuarial review of the current Owner Controlled Insurance Program (OCIP) expiring on November 1, 2016 for close-out; initiating and completing litigation or legal proceedings, and; reallocating the liabilities and funds as needed.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

B. MOTION TO APPROVE Risk Management Division establishing a rolling Controlled Insurance Program (CIP) for future Broward County owned construction projects, and reviewing each prospective bid or proposed construction contract to recommend and implement the insurance, risk transfer, or other program that is determined to be in the best interest of the County, including the purchase of any needed coverages through the Agent/Broker or other appropriate contract in effect at the time.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

A. With the current OCIP expiring on November 1, 2016, the County must manage its active and open workers’ compensation, pollution, and general liability claims, including any litigation, until all matters are resolved and closed.

B. In accordance with Florida Statute 255.0517, a public agency in this state, or any instrumentality thereof, may only purchase an owner-controlled insurance program in connection with a public construction project if it is determined necessary and in the best interest of the public agency.

A. Allows the Risk Management Division to manage the closing of the current OCIP and actuarially allocate its claim reserves and funds on the expiration date, including resolving claims and damages requiring litigation and settlement efforts to fully close and make the parties whole.

B. Establishes a mechanism for the County to take advantage of the best risk management tools available for projects that do not fit within the current OCIP, and allows the County the flexibility to manage construction exposures in a financially efficient manner while providing broad insurance coverage and high dedicated insurance limits.

None.

THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT AND THE RISK MANAGEMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

Broward County has had two previous Owner Controlled Insurance Programs (OCIP), each more successful than the previous. These include the 1998 Airport Expansion Project, the 2002 Consolidated Rental Parking Facility Project and the Bank Atlantic Center (now the BB&T Center). The County’s current OCIP has completed over $1.25 billion in almost 60 construction projects, including the new Courthouse and the Runway Expansion Project. Contractor employees were also trained in Occupational Safety and Health Administration (OSHA) policies and other related safety classes.

Controlled Insurance Programs (CIPs) are tools to efficiently provide insurance coverages for large construction projects using a “bulk purchase” or economies of scale to reduce insurance costs. CIPs can produce significant savings by having the County purchase all of the insurance and safety services for the entire project(s) instead of each contractor individually buying them.

The County can also save through its insurance expertise and buying power by utilizing the new CIP. For example, by Broward County purchasing a policy for $2,350,090 instead of the contractor’s bid price of $4,041,690, the Broward County Aviation Department recently saved $1,691,600. The Risk Management Division and the Agent/Broker will review each bid and contract proposal to implement the best coverage and price for the County. Request for Proposals for Agent/Broker and CIP services have been solicited separately and once concluded will be brought to the Board for approval at a later date.

The County has construction projects that will begin or extend beyond the expiration of the current OCIP. A CIP is a tool the County can use to successfully manage the insurance and safety aspects of those projects until completion.

John Burkholder, Director, Risk Management Division, 954-357-7203

MOTION TO APPROVE Agreement between Broward County and Arthur J. Gallagher Risk Management Services, Inc., for Request for Proposals (RFP) No. R1307511P1, Agent/Broker Insurance Services for the Risk Management Division, for a five-year initial term, in the total maximum compensation amount of $2,845,000 for General Services; and $9,911,909 for Controlled Insurance Program Services, which includes allowances in the estimated amount of $5,000,000, for an initial term maximum amount of $12,756,909; and authorize the Director of Purchasing to renew the Agreement for five one-year periods, for a potential ten-year compensation amount of $25,513,818; and authorize the Mayor and Clerk to execute same. The initial term of the Agreement will begin on date of execution, and will terminate five years from that date.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

In accordance with the Broward County Procurement Code, Section 21.31.b.2., the Board is required to approve all awards for professional services exceeding $100,000 per annum or $200,000 in a multi-year period.

Provides for an agent/broker to market and purchase the County's insurance services, both general and Controlled Insurance Program, on behalf of Broward County. 

None.

THE PURCHASING DIVISION AND THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT/RISK MANAGEMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

The Office of Economic and Small Business Development (OESBD) established a County Business Enterprise (CBE) participation goal of 13% for this Agreement. Arthur J. Gallagher Risk Management Services, Inc. (Gallagher) has committed to 7% CBE participation, for the Owner Controlled Insurance Program Services, which the OESBD reviewed and approved (Exhibit 3).

This Agreement provides for agent/broker general insurance services, as well as for Controlled Insurance Program (CIP) Services, which may include an Owner Controlled Insurance Program (OCIP) or a Contractor Controlled Insurance Program (CCIP). 

For general services (Scope of Services; Exhibit A), the agent/broker will have the primary responsibility of marketing and placing insurance coverage for Broward County’s property and casualty insurance program such as, but not limited to: flood insurance; property insurance; crime and dishonesty insurance; excess workers' compensation insurance; and other policies. The agent/broker will also provide loss control, and appraisal services for the County's property. For the Controlled Insurance Programs (Scope of Services; Exhibit B), the agent/broker will provide administrative oversight, and safety services, in addition to broker services.

This Agreement allows for the payment of insurance premiums to Gallagher. Gallagher will pay the premiums directly to insurance carriers subject to a disincentive for any late payment to a carrier. The Agreement also includes a cap on commissions. Commissions on property placements with owned intermediaries are capped at 5%. Likewise, commissions on property placements with non-owned intermediaries are capped at 5%; broker services on the CIP are capped at 7% on insurance placements other than workers’ compensation, general liability and excess liability where no commissions are allowed. These commission caps are reduced from the current commission rates of 5.5%, 6.0% and 8% respectively.

In addition to commission caps, and disincentives for late payments to carriers, this Agreement connects performance with compensation. The negotiated baseline rate for general services for the first year is $475,000. With the incentive program, Gallagher can earn as much as $550,000 per year, or as little as $400,000, in the first year depending on how well they perform. There is an equivalent performance measure incorporated into the CIP Services. Full performance of services will result in baseline compensation to Gallagher. They will earn more than baseline only if they exceed expectations. Exhibit D identifies the Performance Incentives and Scoring criteria. Finally, compensation for each scope of service has a built-in, known escalation tied to the baseline rate. For general services, the escalation is $9,500 per year; for the CIP Services, the escalation rate for broker services is $4,000, and the escalation rate for the administration and safety services is 2% per year. The escalation applies for years two, three, four, and five of the five-year initial term.

The allowances incorporated into this contract is for optional, additional loss control and/or safety personnel.

On October 27, 2015 (Item No. 46), the Board approved the Request for Proposals (RFP) No. R1307511P1, Agent/Broker Insurance Services. Three firms submitted proposals in response to the RFP. Two of the firms - Alliant Insurance Services, Inc. and Arthur J. Gallagher Risk Management Services, Inc. - submitted a proposal for Contract 1 - General Agent/Broker Insurance Services; all three firms - Alliant Insurance Services, Inc., Arthur J. Gallagher Risk Management Services, Inc. and McGriff, Seibels & Williams, Inc. - submitted a proposal for Contract 2 - OCIP Services.

On March 2, 2016, a Combination Initial and Final Evaluation Meeting was held. The Evaluation Committee determined that two firms, Alliant Insurance Services, Inc. and Arthur J. Gallagher Risk Management Services, Inc., were both responsive and responsible to the requirements of the RFP and would proceed to final evaluation. The third firm, McGriff, Seibels & Williams, Inc., was determined to be non-responsible to both the County Business Enterprise (CBE) goal requirement and the Florida General Lines (2-20) Licensing Requirement, and was therefore not eligible to proceed to final evaluation.
 

After presentations, evaluation, and scoring, the Evaluation Committee named Gallagher as the first ranked firm for both Contract 1, General Agent/Broker Services;  and Contract 2, OCIP Services.

On March 7, 2016, the Evaluation Committee was reconvened for the purpose of correcting minor mathematical errors in scoring. Two of the committee members assigned points that exceeded the maximum allowable number of points for a question. The correction of the errors, while changing the total scores for each firm, had no effect on the final ranking.

On April 5, 2016 (Item No. 47), the Board approved the final ranking of the qualified firms and authorized staff to proceed with negotiations.

Four Sunshine meetings were held with Gallagher to negotiate an agreement: April 8, April 18, April 29, and May 9, 2016. These meetings were attended by representatives of Gallagher, Siver Insurance Consultants, and staff from the Risk Management Division, OESBD, County Attorney's Office, Accounting Division, and the Purchasing Division. 

Incumbent: Arthur J. Gallagher Risk Management Services, Inc., Agreement Title: Agent/Broker Insurance Services, Agreement No. R0862803R1, Contract Term: January 11, 2011 through January 10, 2016 in the total five-year amount of $3,251,472. On April 14, 2015, the Agreement was extended for up to nine months or until a new agent/broker Agreement is signed, with an increase to the contract value of up to $978,293. Expenditures excluding insurance premiums through March 11, 2016 are: $ 3,339,484.
 

The Evaluation Committee consisted of:

Marie Williams, Purchasing Agent, Senior, Purchasing Division, Finance and Administrative Services Department (Non-Voting Member and Chair)
Purvi Bhogaita, Director, Real Property Section, Facilities Management Division, Public Works Department
Leah Brasso, Director, Finance Division, Port Everglades Department
John Burkholder, Director, Risk Management Division, Finance and Administrative Services Department
Paul Cissell, Assistant Director, Accounting Division, Finance and Administrative Services Department

Tracy Meyer, Risk Insurance/Contracts Manager, Aviation Department

A. MOTION TO APPROVE Memorandum of Understanding between the Florida Department of Highway Safety and Motor Vehicles, Broward County, and the seven License Plate Agents (also referred to as Private Tag Agencies), for the primary purpose of performing statutory License Plate Agent functions pursuant to Chapters 119, 319 and 320, Florida Statutes.

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

B. MOTION TO AUTHORIZE Director of the Records, Taxes and Treasury Division to execute on behalf of Broward County the Memorandum of Understanding, in substantially the attached form, with the seven existing License Plate Agents (also referred to as Private Tag Agencies).

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

A. Board approval is required for all Memoranda of Understanding executed with Broward County.

B. Board approval is required for signature delegation authority for all agreements executed with Broward County.

A. Approves the Memorandum of Understanding document which will be executed between Broward County, the State of Florida's Department of Highway Safety and Motor Vehicles and the seven Broward County Private Tag Agencies.

B. Delegates signing authority for the approved Memorandum of Understanding to the Director of the Records, Taxes and Treasury Division.

THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT AND THE RECORDS, TAXES, AND TREASURY DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

Regarding Motion A, on April 13, 2016, the State of Florida Department of Highway Safety and Motor Vehicles (DHSMV) requested all counties enter into a three-party agreement, via a separate Memorandum of Understanding (MOU) between the DHSMV, the counties and each of their private tag agencies.

In Broward County, a new MOU will be executed with the owner of each existing private tag agency, as follows:

First Broward Auto Tag Agency, Inc., Fort Lauderdale
First Broward Auto Tag Agency of Lauderhill, Inc., Lauderhill
Deerfield Auto Tag Agency, Inc., Deerfield Beach
Broward Tag Agency, Inc., D/B/A Broward Express Auto Tag Agency, Coral Springs
SFADA Tag Agency, Inc., Pembroke Pines
South Broward Tag Agency, LLC, Weston
South Broward Tag Agency, LLC, Hollywood

The purpose of the MOU is to update and replace the "Tax Collector Use Agreement for FRVIS Equipment and Software and Provision of Fast Title Services" document, which was executed by the County's Purchasing Director on March 2, 2005. A copy of one of the documents signed in 2005 by the State, the County and the First Broward Auto Tag Agency, Inc. is attached for reference as Exhibit 1. A copy of the new MOU document is attached for reference as Exhibit 2.

Regarding Motion B, the purpose for the signature delegation request is due to the uncertainty in the timing of the receipt of executed MOU documents from each of the private tag agencies. It is expected that all MOU documents will be received by Broward County in the August, 2016 time frame, which is during the Board's summer recess.

Thomas Kennedy, Director, Records, Taxes and Treasury Division, 954-357-5777

MOTION TO APPROVE Tourist Development Tax Capital Challenge Grant Program request from the Holocaust Documentation and Education Center, Inc. (HDEC), in the amount of $500,000 for the construction of the HDEC museum; authorizing the County Administrator to execute an agreement using the standard contract for the Cultural Incentive (Grant) Program approved under Resolution No. 2013-670; and authorizing the County Administrator to take any necessary administrative and budgetary actions. (Commission District 7)

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

Broward County Board of County Commissioners’ (Board) approval is required to allocate funding under the Tourist Development Tax Capital Challenge Grant Program.

Allocates funding in the Tourist Development Tax Capital Challenge Grant Program for HDEC.

None.

CULTURAL DIVISION AND GREATER FORT LAUDERDALE CONVENTION & VISITORS BUREAU (GFLCVB) RECOMMEND APPROVAL.

This item supports the Board's value of "Cultivating community culture, arts, recreation and life-long learning" and goals relating to providing diverse artistic, cultural, educational and historical amenities and programs that contribute to a vibrant, multi-cultural and economically-viable community.

Periodically, Broward County receives requests for financial assistance from its municipalities or non-profit organizations to support capital projects using proceeds from the Tourist Development Tax (TDT). The TDT is a local option tax authorized and governed by Florida Statutes Section 125.0104 for tourism-related purposes.

The Board, at its August 20, 2013 budget workshop, directed staff to create the TDT Capital Challenge Grant Program. At the November 12, 2013 Public Hearing (Item No. 11), the Board adopted Resolution No. 2013-880 amending the Broward Cultural Council's Incentive (Grant) programs in the Administrative Code to create the TDT Capital Challenge Grant Program to provide capital funding to eligible organizations, which was added as Section 29.16. j. of Part II of Chapter 29. The Board subsequently amended that section to include additional involvement of the GFLCVB.

Applicants must provide matching funds via cash contributions in a minimum ratio of 2:1. The cash match may include an applicant’s available cash on hand earmarked for the project; irrevocable contributions of cash that will be received and obligated by the end of the project period; and the cost of site acquisition (for the applicant-owned property) if acquired within three years prior to the date of application. In-kind match must be identified and may not exceed 30% of the total projected cost. The maximum amount for each award may not exceed $500,000. HDEC’s cash match will be comprised of cash-on-hand allocated for the construction project and the cost of the site acquisition of the Dania Beach facility purchased on August 5, 2013.

For Fiscal Year 2016, the Board allocated $1 million for this program in the budget. The Cultural Division announced and publicized the program and received one application. The sole application, HDEC’s, was forwarded to GFLCVB for staff to review.

This is the third time HDEC is applying for the TDT Capital Challenge Grant Program. For the Fiscal Year 2014 cycle, HDEC was not eligible due to unresolved issues with its facility with the City of Hollywood and with financial documentation. The issue was resolved when HDEC and the City of Hollywood reached a settlement on December 16, 2015 (R-CRA-2015-60). For the Fiscal Year 2015 cycle, the Cultural Division staff did not forward HDEC’s application to GFLCVB or to the review panel because the application was deemed incomplete.

The grant review panel for this cycle was held on May 23, 2016. The review sheet used by the grant review panel included the tourism impact review report by GFLCVB of the "bed nights" that were projected by the applicants. The project application was reviewed and ranked on a High-Medium-Low-Nonresponsive/Ineligible basis by the panel. The project received a "Medium/High" ranking by the review panel (Exhibit 2).

The review panel for the program consists of five members: one member who has served on the Broward Cultural Council (Council) for at least five consecutive years; one member who is the Tourist Development Council liaison to the Council; and three members who are hoteliers identified by the Tourist Development Council. Although there was a quorum at the May 23, 2016 meeting, there were only four panelists present.

Project Summary:
Holocaust Documentation and Education Center, Inc.
303 N. Federal Hwy, Dania Beach, FL 33004

The HDEC is building the first South Florida Holocaust Museum, with exhibits in English and Spanish (the first in North America), to display thousands of artifacts that have been donated. HDEC’s Phase 1 goal is to raise $2.25 million to complete the necessary building improvements such as air conditioning, electrical and plumbing; staff offices, volunteer room, kitchen, bathroom; state-of-the-art library/media center and classrooms; a videotaping facility; a 5,000 sq. ft. traveling exhibition gallery; transcription, audit-edit, and proofreading modules; placement of the holocaust railcar and Sherman Tank. HDEC has raised $1.75 million of this goal and is requesting $500,000 in TDT Capital Challenge Grant funds towards the completion of Phase 1.

Exhibit 1 contains a description of the proposed project including the requested funding. Exhibit 2 provides the panel members’ scores and a summary of the scores and High-Medium-Low-Nonresponsive/Ineligible ranking prescribed in the program guidelines. Exhibit 3 is the review summary conducted by the GFLCVB.

The ranking is designed to give a quick reference for the panel’s scores. The guidelines do not require the Board’s funding decisions to be based on the rankings. The panel’s recommendations were filed with the Broward Cultural Council on June 2, 2016. Staff recommends approval of this funding request as it appears to meet the applicable Administrative Code and program guidelines (Chapter 29, Part II, Section 29.16. j.) which was developed on the statutory restrictions prescribed by Section 125.0104 Florida Statutes .

After approval of the funding amounts by the Board, the County Administrator is authorized to approve and execute the agreement in accordance with Resolution No. 2013-670 and subsequent amendments as allowed by Chapter 29, Part II, Section 29.17. f. of the Administrative Code. The County Administrator will use the standard contract for the Cultural Incentive (Grant) Program previously approved by the Board under Resolution No. 2013-670 in accordance with such Resolution subject to prior review and approval of each agreement by the Office of the County Attorney.

A. MOTION TO ADOPT Resolution No. 2016-330 of the Board of County Commissioners of Broward County, Florida, accepting a donation from the Broward Public Library Foundation in the amount of $7,000, to be deposited into the Broward County Library Trust Fund, to defray the cost of staff conference travel expenses and staff development; authorizing the County Administrator to take all administrative and budgetary actions required to implement acceptance; and providing for severability and an effective date. (Commission District 7)

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

B. MOTION TO ADOPT Resolution No. 2016-331 of the Board of County Commissioners of Broward County, Florida, accepting a donation of one original work of art by Charles R. Smith Jr., an award-winning illustrator of children's books, valued at over $500, to the Broward County Library Trust Fund, for the use and benefit of the Broward County African-American Research Library and Cultural Center; authorizing the County Administrator to take all administrative and budgetary actions; and providing for severability and an effective date. (Commission District 9)

ACTION:  (T-11:03 AM)  Approved.  

VOTE:  8-0.  Commission District 3 is open.

Chapter 18, Part III, Section 18.63 of the Broward County Administrative Code stipulates that donations valued at more than $500 shall be accepted by Resolution of the Board of County Commissioners.

Authorizes the acceptance of two donations valued at $500 or more.

No Previous Action.

THE LIBRARIES DIVISION RECOMMENDS THE APPROVAL OF THE ABOVE MOTIONS

Pursuant to the Administrative Code, the Libraries Division requests that the Board formally accept two generous donations for the Broward County Libraries Division from the Broward Public Library Foundation, Inc. and Charles R. Smith, Jr., each valued at more than $500.

Motion A supports the Board's value of "Consistently delivering responsive, efficient, quality services to the public and internal customers” and the attendant goal to “Offer effective mandatory and optional coursework, addressing the lines of business and needs of the entire organization.” The Broward Public Library Foundation has generously donated  $7,000 to defray the cost of staff attending the annual American Library Association Conference that will be held in Orlando, FL on June 24 - June 28, 2016. The Broward Public Library Foundation supports the Libraries Division through sponsorship of special projects, local branch programming, and library staff development.

Motion B supports the Commission's vision to create a community with vibrant arts, culture, recreation and learning opportunities. Charles R. Smith Jr., has generously donated an original work of art valued at $1,000, which will be displayed in the African-American Research Library and Cultural Center (AARLCC) Youth Services section. The donated photograph entitled "Kefa" is an original sepia toned digital iris print included in the book, "My People." This book received the 2010 Coretta Scott King Award for Illustration.

Laura Connors, Acting Director, Libraries Division, (954) 357-7377

MOTION TO APPROVE Amendment Number 1 to the State Aid to Libraries Grant Agreement between Broward County and the Florida Department of State, Division of Library and Information Services, for the purpose of accepting an additional distribution of funding to the County in the amount of $3,097; and authorize the County Administrator to take all administrative or budgetary actions necessary to implement the grant; and authorize the Mayor and Clerk to execute same.

(Per the Tuesday Morning Memorandum, Executed Signature Pages have been received.)

(A member of the public pulled this item, but was not present when the item was taken up by the Board.)

ACTION:  (T-12:03 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Commission District 3 is open.

Approval of the Amendment will enable the State to disburse additional grant funds in the amount of $3,097 to Broward County.

No Previous Action.

MOTION TO CONSIDER APPROVAL of a plat entitled Nova South (034-MP-15). (Commission District 7)

ACTION:  (T-11:03 AM)  Approved the plat subject to staff’s recommendations as outlined in the Development Review Report.

VOTE:  8-0.  Commission District 3 is open.

Chapter 5, Article IX of the Broward County Code of Ordinances (The Broward County Land Development Code) requires plats to be approved by the Board of County Commissioners.

Approves the plat subject to staff recommendations and conditions assuring compliance with the standards and requirements of the Broward County Land Development Code.

None

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL, subject to staff recommendations and conditions which will assure compliance with the standards and requirements of Chapter 5, Article IX of the Broward County Code of Ordinances.

The applicant is requesting approval of a plat application for utility and lake uses, 100 square feet of private university and an existing single family home on approximately 13.6 acres located on the north side of S.W. 39 Street between S.W. 72 Avenue and College Avenue in the Town of Davie. This plat includes a replat of the Campus Commons Plat (Plat Book 142, Page 22). The property is being replatted primarily in order to vacate underlying easements for lake excavation. See attached Development Review Report.

Josie P. Sesodia, AICP, Director, Planning and Development Management Division–(954)357-6602

MOTION TO CONSIDER APPROVAL of a plat entitled Dania Pointe (035-MP-15). (Commission District 7)

ACTION:  (T-11:03 AM)  Approved the plat subject to staff’s recommendations as outlined in the Development Review Report.

VOTE:  8-0.  Commission District 3 is open.

Chapter 5, Article IX of the Broward County Code of Ordinances (The Broward County Land Development Code) requires plats to be approved by the Board of County Commissioners.

Approves the plat subject to staff recommendations and conditions assuring compliance with the standards and requirements of the Broward County Land Development Code.

None

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL, subject to staff recommendations and conditions which will assure compliance with the standards and requirements of Chapter 5, Article IX of the Broward County Code of Ordinances.

The applicant is requesting approval of a plat application to develop 893,000 square feet of commercial use, 506,000 square feet of office, 7,000 square feet of bank, 300 room hotel, a service station with 12 fuel positions and 1,000 high rise units on approximately 102.1 acres located at the northwest corner of Stirling Road and Bryan Road in the City of Dania Beach. This project will combine and redevelop most of the office and industrial park uses within eight individual plats north of Stirling Road between I-95 and Bryan Road.

This plat consists primarily of individual plats as well as platted rights-of-way and easements. These properties, which include the former site of the Dania Beach Hurricane Roller Coaster, have been assembled for redevelopment as a Planned Mixed Use Development (PMUD). It is the applicant’s intent to vacate the underlying platted easements, rights-of-way and non-vehicular access lines and replace them through the replatting process requirements. The primary roadway system will be delineated through PMUD Design Development Guidelines (DDG) and site plan criteria, and the proposed plat note represents the maximum level of development allowed by the permitted uses set forth in the DDG, PMUD and Regional Activity Center (RAC). See attached Development Review Report.


 

Josie P. Sesodia, AICP, Director, Planning and Development Management Division–(954)357-6602

MOTION TO CONSIDER APPROVAL of New Findings of Adequacy for a portion of a plat entitled Pines at Lot 208 (082-MP-05). (Commission District 3)

ACTION:  (T-11:03 AM)  Approved the plat subject to staff’s recommendations as outlined in the Development Review Report.

VOTE:  8-0.  Commission District 3 is open.

Findings of adequacy for plats approved pursuant to Chapter 5, Article IX of the Broward County Code of Ordinances (The Broward County Land Development Code) expire five years from the approval date. New findings of adequacy must be approved by the Board of County Commissioners before a building permit can be issued.

Approves findings of adequacy for another five years for the plat, subject to staff recommendations and conditions assuring compliance with the standards and requirements of the Broward County Land Development Code.

None

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL, subject to staff recommendations and conditions which will assure compliance with the standards and requirements of Chapter 5, Article IX of the Broward County Code of Ordinances.

The applicant is requesting approval of an application for new findings of adequacy on a portion of the plat (Lot B) to develop an additional unit for a total of two (2) single family detached units located on approximately 2.3 acres on the northeast corner of the Sawgrass Expressway and N.W. 63 Way, in the City of Parkland. The entire plat was approved on June 27, 2006 for two (2) single family detached units (one each on Lots A and B) and the findings of adequacy for the vacant plat expired on June 27th, 2011. It should be noted that the owner of the remainder of the plat (Lot A) subsequently submitted an application for a new findings of adequacy for one single family unit on Lot A, which will be reviewed and scheduled for a future County Commission meeting. See attached Development Review Report.
 

Josie P. Sesodia, AICP, Director, Planning and Development Management Division–(954)357-6602

MOTION TO CONSIDER APPROVAL of New Findings of Adequacy for a plat entitled Farida Plat (081-MP-04). (Commission District 5)

ACTION:  (T-11:03 AM)  Approved the plat subject to staff’s recommendations as outlined in the Development Review Report.

VOTE:  8-0.  Commission District 3 is open.

Findings of adequacy for plats approved pursuant to Chapter 5, Article IX of the Broward County Code of Ordinances (The Broward County Land Development Code) expire five years from the approval date. New findings of adequacy must be approved by the Board of County Commissioners before a building permit can be issued.

Approves findings of adequacy for another five years for the plat, subject to staff recommendations and conditions assuring compliance with the standards and requirements of the Broward County Land Development Code.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL, subject to staff recommendations and conditions which will assure compliance with the standards and requirements of Chapter 5, Article IX of the Broward County Code of Ordinances.

The applicant is requesting approval of an application for new findings of adequacy to develop nine (9) single family detached units on approximately 3.5 acres located on the west side of Southwest 121st Avenue and south of State Road 84, in the Town of Davie. The plat was approved for nine (9) single family detached units on August 15, 2006, with a requirement that either a building permit be issued or infrastructure for development be installed by August 15, 2011. The property remains vacant, and the findings of adequacy expired on August 15, 2011. See attached Development Review Report.
 

Josie P. Sesodia, AICP, Director, Planning and Development Management Division–(954)357-6602

MOTION TO CONSIDER APPROVAL of New Findings of Adequacy for a plat entitled Toledo Isles (036-MP-04). (Commission District 8)

ACTION:  (T-11:03 AM)  Approved the plat subject to staff’s recommendations as outlined in the Development Review Report.

VOTE:  8-0.  Commission District 3 is open.

Findings of adequacy for plats approved pursuant to Chapter 5, Article IX of the Broward County Code of Ordinances (The Broward County Land Development Code) expire five years from the approval date. New findings of adequacy must be approved by the Board of County Commissioners before a building permit can be issued.

Approves findings of adequacy for another five years for the plat, subject to staff recommendations and conditions assuring compliance with the standards and requirements of the Broward County Land Development Code.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL, subject to staff recommendations and conditions which will assure compliance with the standards and requirements of Chapter 5, Article IX of the Broward County Code of Ordinances.

The applicant is requesting approval of an application for new findings of adequacy to develop twenty (20) single family dwelling units on approximately 9.6 acres located on the west side of Dykes Road, south of Miramar Parkway, in the City of Miramar. The plat was approved on October 11, 2005. The property remains vacant, and the findings of adequacy expired on October 11, 2010. See attached Development Review Report.
 

Josie P. Sesodia, AICP, Director, Planning and Development Management Division–(954)357-6602

MOTION TO CONSIDER APPROVAL of a plat note amendment to the Greaton Plat No. 2 (053-MP-94). (Commission District 1)

ACTION:  (T-11:03 AM)  Approved per staff's recommendations. 

VOTE:  8-0.  Commission District 3 is open.

Chapter 5, Article IX of the Broward County Code of Ordinances (The Broward County Land Development Code) requires changes to previously approved or recorded plats to be approved by the Board of County Commissioners.

Approves a plat note amendment subject to staff recommendations and conditions assuring compliance with the standards and requirements of the Broward County Land Development Code.

None

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL, subject to staff recommendations and conditions which will assure compliance with the standards and requirements of Chapter 5, Article IX of the Broward County Code of Ordinances.

This plat, located on 3.7 acres on the west side of Flamingo Road, between Sawgrass Expressway and Northwest 136 Avenue, in the City of Sunrise, is currently restricted 48 high-rise units and 8 duplex/townhouse units on Parcel A-1 and a City Park on Parcel A-2. The applicant is requesting to amend the note on Parcel A-1 to eliminate the 48 high-rise units and add 19 duplex/townhouse units, for a total of 27 units. No changes are proposed to the City Park on Parcel A-2. See attached Staff Report.
 

Josie P. Sesodia, AICP, Director, Planning and Development Management Division–(954)357-6602

MOTION TO CONSIDER APPROVAL of a plat note amendment to the Sawgrass Lakes Plat (034-MP-91). (Commission District 1)

ACTION:  (T-11:03 AM)  Approved per staff's recommendations. 

VOTE:  8-0.  Commission District 3 is open.

Chapter 5, Article IX of the Broward County Code of Ordinances (The Broward County Land Development Code) requires changes to previously approved or recorded plats to be approved by the Board of County Commissioners.