ACTION AGENDA


MEETING OF APRIL 16, 2019

(Meeting convened at 10:07 a.m., and adjourned at 2:01 p.m.)
 
PLEDGE OF ALLEGIANCE was led by Commissioner Nan H. Rich, District 1.

CALL TO ORDER was led by Mayor Mark D. Bogen, District 2.

MOMENT OF SILENCE

In memory of our past and present brave men and women of the United States Armed Forces who served our country and continue to serve our country at home and abroad.


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

*Commissioner Geller participated telephonically for the entirety of the Consent Agenda and the entirety of the Regular Agenda.
 
             
 
CONSENT AGENDA
 
A motion was made by Commissioner Sharief, seconded by Commissioner Holness and unanimously carried, to approve the Consent Agenda consisting of Items 1 through 17.  At the request of the Mayor, Regular Items 31, 33, 34, 35, 36, and Supplemental Items 40, 41, 42, 43, 44, 45, 46 and 51 were transferred to the Consent Agenda.

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

Public Hearing Items consist of Items 18 through 29, as well as Item Number 39.

The following Items were withdrawn/deferred:  17 and 32.  

The following Items were pulled by the Board and considered separately:  10 and 17. 

The following Item was pulled by a member of the public and considered separately: 15.
 
BOARD APPOINTMENTS
 
1.  
MOTION TO APPROVE Board Appointments
 
A.  
MOTION TO APPOINT Linda Houston Jones to the Library Advisory Board. (Commissioner Fisher)

ACTION:  (T-11:36 AM)  Approved with Yellow-Sheeted Additional Material, dated April 16, 2019, submitted at the request of Commissioner Fisher.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
B.  
MOTION TO APPOINT C. Kennon Hetlage to the Broward Regional Health Planning Council. (Commissioner Furr)

ACTION:  (T-11:36 AM)  Approved with Yellow-Sheeted Additional Material, dated April 16, 2019, submitted at the request of Commissioner Furr.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
C.  
MOTION TO APPOINT Thierry Teodoro Miguel Florival-Victor to the Educational Facilities Authority. (Commissioner Furr)

ACTION:  (T-11:36 AM)  Approved with Yellow-Sheeted Additional Material, dated April 16, 2019, submitted at the request of Commissioner Furr.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
AVIATION DEPARTMENT
 
2.  
MOTION TO APPROVE Agreement of Lease between Broward County and Avis Rent A Car System, LLC., for a rental car maintenance facility on a parcel of aviation property measuring approximately 13.245 acres, effective on April 26, 2019, and terminating on the last day of the tenth lease year; and authorize the Mayor and Clerk to execute same.

ACTION:  (T-11:36 AM)  Approved.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
3.  
MOTION TO ADOPT Resolution No. 2019-140 approving a Public Transportation Grant Agreement with the State of Florida Department of Transportation for Financial Project No. 434832-2-94-01 to fund the Airport Access Roadway System Phase II at Broward County's Fort Lauderdale-Hollywood International Airport; authorizing execution of same by the Mayor or Vice-Mayor; authorizing the County Administrator to take the necessary administrative and budgetary actions, and approve any nonmonetary amendments subject to the Office of the County Attorney approving as to legal sufficiency; and providing for an effective date. The Public Transportation Grant Agreement requires the County to fund all expenses for the project in excess of the amount of FDOT's funding. A certified copy of the approved Resolution shall be inserted as Exhibit D to the Public Transportation Grant Agreement before execution.

ACTION:  (T-11:36 AM)  Approved.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
PUBLIC WORKS DEPARTMENT
 
HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION
 
4.  
MOTION TO ADOPT Resolution No. 2019-141 accepting a road easement executed by BR ArchCo Flagler Village, LLC located along the east side of North Andrews Avenue between NE 5th Street and NE 6th Street (Sistrunk Boulevard) in the City of Fort Lauderdale, at a nominal cost of $1 to Broward County. (Commission District 7)

ACTION:  (T-11:36 AM)  Approved.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
WATER AND WASTEWATER ENGINEERING DIVISION
 
5.  
A. MOTION TO APPROVE First Amendment to Agreement between Broward County and Hazen and Sawyer, P.C., for General Consultant Services for Water and Wastewater Services, RLI No. 20060911-0-EED-1, to increase the limit of all professional engineering fees associated with an individual Work Authorization from $800,000 to $1,200,000 and to extend the term of the Agreement by 2,557 calendar days for a total time for performance of 4,383 calendar days; and authorize the Mayor and Clerk to execute the same. (Commission District 4)

ACTION:  (T-11:36 AM)  Approved.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.


B. MOTION TO APPROVE Third Amendment to Work Authorization No. HS0745 under the Agreement between Broward County and Hazen and Sawyer, P.C., for General Consultant Services for Water and Wastewater Services, RLI No. 20060911-0-EED-1, for additional engineering services during construction related to the Supervisory Control and Data Acquisition (SCADA) System Replacement at the North Regional Wastewater Treatment Plant in the amount of $219,000, with an increase in time for performance of 540 calendar days, resulting in a revised Work Authorization maximum not-to-exceed amount of $1,017,932 and revised time for performance of 2,780 calendar days; and authorize the Mayor and Clerk to execute the same. (Commission District 4)

ACTION:  (T-11:36 AM)  Approved.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
HUMAN SERVICES DEPARTMENT
 
6.  
MOTION TO APPROVE Memorandum of Understanding (Agreement) between Broward County and Florida Atlantic University Phyllis and Harvey Sander School of Social Work for social work student practicum and internships effective upon execution; authorize the Mayor and Clerk to execute same; and authorize the County Administrator to take all necessary administrative actions to implement the Agreement.

ACTION:  (T-11:36 AM)  Approved.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
 
 
COMMUNITY PARTNERSHIPS DIVISION
 
7.  

A. MOTION TO AUTHORIZE County Administrator to execute the Second Amendment to Agreement No. 19-CP-HIP-8470-01 between Broward County and Broward Partnership for the Homeless, Inc. ("BPHI"), subject to approval by the Office of the County Attorney, for an amount not-to-exceed $779,378, increasing the Agreement amount from $5,751,090 to $6,530,468, for Program 3, North Homeless Assistance Center ("NHAC"), from April 1, 2019 to September 30, 2019 for one-time capital expenses associated with the delivery of services to individuals and families experiencing homelessness in Broward County; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement.

ACTION:  (T-11:36 AM)  Approved.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.


B. MOTION TO APPROVE waivers of conflict under Section 112.313(7)(a), Florida Statutes, for the following Broward County advisory board members holding an employment or contracting relationship with an entity receiving funds for the performance of homeless services under this agenda item.

  1. Thomas M. Campbell
  2. Frances Esposito
  3. Danny C. Osley
ACTION:  (T-11:36 AM)  Approved.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
 
 
PORT EVERGLADES DEPARTMENT
 
8.  
MOTION TO ADOPT budget Resolution No. 2019-142 transferring funds from the Port Everglades Law Enforcement Trust Fund (LETF) Reserve in the amount of $43,750 for the purpose of providing matching funds for the Port Security Grant Program.

ACTION:  (T-11:36 AM)  Approved.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
REQUEST TO SET FOR PUBLIC HEARING
 
9.  
A. MOTION TO ADOPT Resolution No. 2019-143 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, May 7, 2019, at 10:00 a.m. in the County Commissioners’ Meeting Room (Room 422), Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida, to consider the application of Continental Florida Materials Inc. to renew a nonexclusive franchise to provide cargo handler services at Port Everglades for an initial six-month term, from May 21, 2019, through November 20, 2019, with an optional six-month extension to the initial term that may be exercised by the Port Director.

ACTION:  (T-11:36 AM)  Approved.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.


B. MOTION TO ADOPT Resolution No. 2019-144 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, May 7, 2019, at 10:00 a.m. in the County Commissioners’ Meeting Room (Room 422), Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida, to consider the application of Continental Florida Materials Inc. to renew a nonexclusive franchise to provide stevedore services at Port Everglades for an initial six-month term, from May 21, 2019, through November 20, 2019, with an optional six-month extension to the initial term that may be exercised by the Port Director.

ACTION:  (T-11:36 AM)  Approved.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
 
 
ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT
 
ENVIRONMENTAL AND CONSUMER PROTECTION DIVISION
 
10.  
MOTION TO APPROVE participation by Broward County in the Waze Connected Citizens Program (“CCP”) for the purpose of sharing traffic data; approve submission of CCP Membership Application; authorize County Administrator to take all administrative actions necessary to participate in the CCP, including execution of the CCP Membership Application and related agreements, subject to requirement that the agreements (i) are substantively consistent with standard County terms and conditions or otherwise determined by the Office of the County Attorney to not create unreasonable risk to the County, (ii) provide for no County financial responsibility, and (iii) are reviewed and approved by the Office of the County Attorney; and designate the Environmental Protection and Growth Management Department (EPGMD) Director (or designee) as the County Administrator's designee for purposes of executing the CCP Membership Application and related agreements.

(Commissioners Furr, Ryan and Udine pulled this item.)

ACTION:  (T-11:37 AM)  Approved.  The Board requested that staff provide information to city managers, as well as reach out to Uber and Lyft as to pertinent Waze data.  (Refer to minutes for full discussion.) 

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
 
 
HOUSING FINANCE AND COMMUNITY REDEVELOPMENT DIVISION
 
11.  
MOTION TO ADOPT Resolution No. 2019-145 of the Board of County Commissioners of Broward County, Florida, approving an Amended and Restated Promissory Note (“Note”) to be executed by Broward County Community Development Corporation, Inc., d/b/a Broward Housing Solutions (“BHS”), in favor of the Housing Finance Authority of Broward County (“Housing Finance Authority”); approving and authorizing the execution of an Amended and Restated Mortgage Deed and Security Agreement (“Mortgage”) between the Housing Finance Authority and BHS; authorizing the proper Officers of the Housing Finance Authority to execute all other documents and do all things necessary or advisable in connection with the Note or the Mortgage; and providing for severability and an effective date. (Commission District 3)  

ACTION:  (T-11:36 AM)  Approved.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
   
 
FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT
 
HUMAN RESOURCES DIVISION
 
12.  
MOTION TO RETROACTIVELY TERMINATE Agreement with Quest Diagnostics Incorporated (Quest) for laboratory testing services effective as of December 31, 2018, in light of the inclusion of Quest in the network for the County's healthcare contract with UnitedHealthcare (UHC) as of January 1, 2019.

ACTION:  (T-11:36 AM)  Approved.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
  PURCHASING DIVISION
 
For Public Works Department
 
13.  
MOTION TO AWARD open-end contract to low responsive, responsible bidder, Prestige Property Maintenance Inc., for Maintenance of Greenways and Miscellaneous Landscaping, Bid No. BLD2115965B2, for the Highway and Bridge Maintenance Division, in the annual estimated amount of $1,945,358, which includes allowances in the total amount of $104,000; and authorize the Director of Purchasing to renew the contract for two one-year periods, for a three-year potential estimated amount of $5,836,073. The initial contract period shall begin on May 1, 2019 and will terminate one year from that date.

ACTION:  (T-11:36 AM)  Approved.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
RECORDS, TAXES, AND TREASURY DIVISION
 
14.  
A. MOTION TO APPROVE cancellation of warrants from Central Account No. xxxxxxxxx3785, Tax Refund Account No. xxxxxxxxx9850, Self Insurance Account No. xxxxxxxxx0518, and Payroll Account No. xxxxxxxxx3798, due to having a stale date, being unclaimed, or not being negotiated.

ACTION:  (T-11:36 AM)  Approved.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.


B. MOTION TO APPROVE cancellation of warrants from Central Account No. xxxxxxxxx3785, Tax Refund Account No. xxxxxxxxx9850, Self Insurance Account No. xxxxxxxxx0518, and Tax Redemption Account No. xxxxxxxxx0916, due to being voided. Checks have been reissued.

ACTION:  (T-11:36 AM)  Approved.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
BROWARD MUNICIPAL SERVICES DISTRICT
 
15.  
MOTION TO APPROVE design proposal for an artwork for the Broward Municipal Services District (BMSD) NW 27th Avenue Public Art Project, in an amount not-to-exceed $220,000, which is currently budgeted in the Public Art & Design Trust Fund and the Broward Municipal Services District Capital Fund. (Commission District 9)

(A member of the public pulled this item.)


ACTION:  (T-11:45 AM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
 
 
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QUASI-JUDICIAL CONSENT HEARING

ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT

 
PLANNING AND DEVELOPMENT MANAGEMENT DIVISION
 
16.  
MOTION TO CONSIDER APPROVAL of a plat entitled Eldridge Park Estates (021-MP-18). (Commission District 5)

ACTION:  (T-11:36 AM)  Approved the plat subject to staff’s recommendations as outlined in the Development Review Report.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
END OF QUASI-JUDICIAL CONSENT HEARING

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COUNTY AUDITOR
 
17.  
MOTION TO ACKNOWLEDGE AND FILE Office of the County Auditor’s Audit of Backflow Assembly Devices & Testing at Port Everglades (Interim Report) - Report No. 19-08.

(Per the Tuesday Morning Memorandum:  At the request of the County Auditor, this item is being deferred and will be appended to another Agenda Item at a future date.)

(Commissioner Udine pulled this item.)

ACTION:  (T-11:46 AM)  County Auditor Robert Melton advised the Board that this item is being deferred so as to eliminate the potential of the audit being compromised, as well as to provide the Board will complete information.  (Refer to minutes for full discussion.)

 
 

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PUBLIC HEARING
 
18.  
MOTION TO ADOPT supplemental budget Resolution No. 2019-146 within the General Fund in the amount of $38,064,273 to adjust fund balances and other budgeted revenues and appropriate funds to reserves and other commitments.

ACTION:  (T-12:13 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
19.  
MOTION TO ADOPT supplemental budget Resolution Nos 2019-147 through 2019-174 within the Special Purpose Funds and Grant Funds in the amount of $17,651,582 to adjust fund balances and other budgeted revenues and to appropriate funds to reserves and other commitments.

ACTION:  (T-12:13 PM)  Approved as amended with Purple-Sheeted Additional Material, dated April 16, 2018, submitted at the request of the Office of Management and Budget.  The Board requested that staff look at options as to funding the Community Partnership position. (Refer to minutes for full discussion.)

VOTE: 8-0.  Commissioner Geller voted in the affirmative telephonically.   Commissioner Rich abstained from voting. 
 
20.  
MOTION TO ADOPT supplemental budget Resolution Nos 2019-175 through 2019-193 within the Special Revenue Funds in the amount of $228,517,166 to adjust fund balances and other budgeted revenues and appropriate funds to reserves and other commitments.

ACTION:  (T-12:14 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.    

 
 
21.  
MOTION TO ADOPT supplemental budget Resolution Nos 2019-194 through 2019-198 within the Debt Service Funds in the amount of $6,732,000 to adjust fund balances, and to appropriate funds to reserves.

ACTION:  (T-12:15 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.    

 
 
22.  
MOTION TO ADOPT supplemental budget Resolution Nos 2019-199 through 2019-215 within the Capital Funds in the amount of $60,379,069 to adjust fund balances and other budgeted revenues and appropriate funds to reserves and other commitments.

ACTION:  (T-12:15 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.    

 
 
23.  
MOTION TO ADOPT supplemental budget Resolutions Nos. 2019-216 through 2019-226 within the Enterprise Funds in the amount of <$49,625,745> to adjust fund balances and other budgeted revenues and appropriate funds to reserves and other commitments.

ACTION:  (T-12:16 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.    

 
 
24.  
MOTION TO ADOPT supplemental budget Resolution Nos 2019-227 through 2019-233 within the Internal Service Funds in the amount of <$875,428> to adjust fund balances and other budgeted revenues and appropriate funds to reserves and other commitments.

ACTION:  (T-12:16 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.    

 
 
25.  
MOTION TO ADOPT supplemental budget Resolution Nos 2019-234 through 2019-238 within the Trust Funds in the amount of $675,890 to adjust fund balances and to appropriate funds to reserves and other commitments.

ACTION:  (T-12:17 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.    

 
 
26.  
MOTION TO ADOPT Resolution No. 2019-239 to transmit a proposed amendment to the Broward County Land Use Plan text (PCT 19-2), regarding residential uses in the "Commerce" land use category, as an amendment to the Broward County Comprehensive Plan, to designated State review agencies pursuant to Section 163.3184, Florida Statutes, as amended, the substance of which is as follows:

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, TRANSMITTING A PROPOSED AMENDMENT TO THE BROWARD COUNTY LAND USE PLAN TEXT OF THE BROWARD COUNTY COMPREHENSIVE PLAN REGARDING RESIDENTIAL USES IN COMMERCE; AND PROVIDING FOR AN EFFECTIVE DATE.

ACTION:  (T-12:17 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.    

 
 
27.  
MOTION TO ADOPT Resolution No. 2019-240 of the Board of County Commissioners of Broward County, Florida designating the Kaye Stevens House (House No. 1) a historic resource; and providing for severability and an effective date. (Commission District 2)

ACTION:  (T-12:18 PM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.    

 
 
28.  
A. MOTION TO OPEN Public Hearing as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), relating to the issuance by the Capital Trust Agency (the “CTA”) of not to exceed $40,000,000 aggregate principal amount of the CTA's Senior Living Revenue Bonds (Sawgrass Grand Senior Living Project) from time to time in one or more tax-exempt or taxable series pursuant to a plan of financing (the “Bonds”) for the purpose of financing a project for SGSL Fee Owner LLC, a Florida limited liability company (the “Borrower”) located in the City of Sunrise, Broward County, Florida.

ACTION:  (T-12:20 PM)  No Board Action taken.  (Refer to minutes for full discussion.)

B. MOTION TO ADOPT Resolution No. 2019-241 of the Board of County Commissioners of Broward County, Florida, approving for purposes of Section 147(f) of the Code, Chapter 163, Florida Statutes and Section 159.29, Florida Statutes, the issuance by the CTA of the Bonds in one or more series in an aggregate principal amount not to exceed $40,000,000 for the primary purpose of financing the acquisition, renovation and conversion of an existing facility into a senior living facility known as Sawgrass Grand Senior Living in the City of Sunrise, Broward County, Florida, and providing for an effective date.

ACTION:  (T-12:20 PM)  Approved.  (Scrivener's Error - See County Administrator's Report: Exhibit 1 - INDEMNIFICATION CERTIFICATE OF THE BORROWER, Page 8, Line 3, currently reads: on March 20, 2019....and should read: on March 18, 2019...)   (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.    
 
29.  
MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows:
 
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO CLAIMS AGAINST OR ON BEHALF OF BROWARD COUNTY; AMENDING SECTION 1-51.3 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”) TO AUTHORIZE THE COUNTY ADMINISTRATOR TO REJECT CERTAIN SETTLEMENT PROPOSALS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by the Board of County Commissioners)

ACTION:  (T-12:24 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.  (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.    
 
END PUBLIC HEARING

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REGULAR AGENDA
 
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FEDERAL AVIATION ADMINISTRATION BRIEF PRESENTATION
 
 
MAYOR BOGEN'S "PARKING GARAGE" LIST
 
30.  
MOTION TO DISCUSS Broward County Board of County Commissioners’ “Parking Garage”. (Mayor Bogen)

ACTION:  (T-12:26 PM) The Board discussed projects on the "Parking Garage."  (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated April 16, 2019, submitted at the request of Mayor Bogen.)
 
AVIATION DEPARTMENT
 
31.  
MOTION TO APPROVE final ranking of qualified firms for Request for Proposals No. 2018-06-12-0-AV-04, Parking Management Services at the Broward County's Fort Lauderdale-Hollywood International Airport; the ranked firms are: 1 - SP Plus Corporation; 2 - ABM Aviation, LLC.; 3 - LAZ Florida Parking LLC., and authorize staff to proceed with negotiations contingent upon no protest being timely filed by close of business on April 1, 2019.

(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved.  (Scrivener’s Error – See County Administrator’s Report:  (Summary Explanation/Background, Paragraph 3, currently reads: On November 13, 2019…) and should read: (On November 13, 2018…))

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
OFFICE OF MANAGEMENT AND BUDGET
 
32.  
A. MOTION TO DISCUSS unbudgeted expenses arising out of the November 2018 General Election recount.

(Per the Tuesday Morning Memorandum:  At the request of the Supervisor of Elections, this item is being deferred to the May 7, 2019, Commission Meeting.)

B. MOTION TO ADOPT budget Resolution transferring funds within the General Fund for the Supervisor of Elections in the amount of $1,431,387 for unbudgeted expenses arising out of the November 2018 General Election recount.

(Per the Tuesday Morning Memorandum:  At the request of the Supervisor of Elections, this item is being deferred to the May 7, 2019, Commission Meeting.)
 
33.  
MOTION TO ADOPT budget Resolution No. 2019-242 transferring funds within the Law Enforcement Trust Fund (LETF) for the Broward Sheriff's Office (BSO) in the amount of $447,191 for the purpose of providing funds for various organizations' crime prevention, safe neighborhood, and drug abuse education and prevention programs.

(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved. 

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
COUNTY COMMISSION
 
34.  
MOTION TO APPROVE waiver of bus fares for military personnel riding on Broward County Transit buses during Broward Navy Days Fleet Week 2019 (April 29th - May 6th, 2019) and providing for an effective date. (Commissioner Fisher)

(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved. 

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT
 
  PURCHASING DIVISION
 
For Finance and Administrative Services Department
 
35.  
MOTION TO APPROVE Agreement between Broward County and Corvel Healthcare Corporation, for the provision of Workers' Compensation Medical Cost Containment and Case Management Services, RFP No. GEN2115794P1 for the Risk Management Division, and authorize the Mayor and Clerk to execute same. The contract period will be effective July 1, 2019 for an initial three-year term estimated at $624,000, which includes optional services of $42,210, and authorize the Director of Purchasing to renew the contract for two additional one-year renewal terms, for an estimated total contract value of $1,040,000.

(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved. 

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
For Public Works Department
 
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DIRECT PROCUREMENT AUTHORITY MEETING
 
36.  
MOTION TO AWARD fixed contract to single bidder, The BG Group, LLC for Demolition Services for Portside Center and Port Everglades Terminal 1, Quotation No. PNC2116668C1, from Qualified Vendor List No. PNC2116266Q1, in a not-to-exceed amount of $1,500,000, which includes allowances in the amount of $20,000, to be substantially completed within 120 calendar days from the Project Initiation Date listed in the Second Notice to Proceed, contingent upon the receipt and approval of insurance/performance and payment guaranty, and authorize the County Administrator to execute same.

(Per the Tuesday Morning Memorandum, Board consideration of this item is based upon the contract executed by the proposed vendor, which contained changes from the draft contract (Exhibit 2) which was distributed as Additional Material to this item. The Board's consideration of Item 36 is also based upon the revised Motion Statement, which was also distributed as Additional Material to this item.) 

(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved as amended with Yellow-Sheeted Additional Material, dated April 16, 2019, submitted at the request of County Administration.  (Scrivener’s Error – See County Administrator’s Report: MOTION STATEMENT currently reads on line 3, MOTION TO AWARD…Quotation No. PNC2116668C1.  Should read: Quotation No. PNC2118484Q1. 

Line 3, currently reads: in a not-to-exceed amount of $1,500,000…and should read: in an amount of $1,483.345…

Summary Explanation/Background: last paragraph, currently reads: on April 20, 2019…, and should read: March 20, 2019…

Exhibit 2 – Page 50, Line 5, currently reads:…45% CBE participation…, and should read: 27% CBE participation…)


VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
 
 
 
END DIRECT PROCUREMENT AUTHORITY MEETING

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37.  
MAYOR'S REPORT
 
A.  HAPPY HOLIDAY WISHES

ACTION:  (T-1:59 PM)  Mayor Bogen wished everyone a happy holiday.  (Refer to minutes for full discussion.)
 
38.  
COUNTY ADMINISTRATOR'S REPORT
 
(No report given.)
 
SUPPLEMENTAL AGENDA
 
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PUBLIC HEARING
 
39.  
MOTION TO CONSIDER adoption of a Resolution No. 2019-243 Amending the Broward County Administrative Code, the title of which is as follows:
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO MEMBERSHIP REQUIREMENTS OF THE SMALL BUSINESS DEVELOPMENT ADVISORY BOARD; AMENDING SECTION 12.225 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by Commissioner Lamar P. Fisher)

ACTION:  (T-12:24 PM)  Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
END PUBLIC HEARING

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HUMAN SERVICES DEPARTMENT
 
BROWARD ADDICTION RECOVERY DIVISION
 
40.  
A. MOTION TO APPROVE grant agreement between Broward Sheriff’s Office (BSO) and Broward County in the amount of $230,482 to provide peer mentoring services to non-fatal overdose patients receiving emergency services at North Broward Hospital District d/b/a Broward Health (Broward Health), effective from the date of execution through September 29, 2019, with three one-year renewal terms; authorize the Mayor and Clerk to execute same; authorize the County Administrator to execute amendments, subject to review for legal sufficiency by the Office of the County Attorney, that do not increase the total annual funding amount above $300,000; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the agreement.

(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved. 

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.

B. MOTION TO ADOPT budget Resolution No. 2019-244 within the BSO First Responders Opioid Grant Fund to appropriate revenue in the amount of $230,482, for peer mentoring services to non-fatal overdose patients receiving emergency services at Broward Health.

(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved. 

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.

C. MOTION TO APPROVE four new full-time grant positions within the BSO First Responders Opioid Grant for Broward Addiction Recovery Division (BARC) to provide treatment for patients being discharged for non-fatal opioid overdoses to minimize the number of re-admissions and reduce overdose deaths.

(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved. 

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
 
 
FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT
 
PURCHASING DIVISION
 
For Public Works Department
 
41.  
MOTION TO AWARD fixed contract to single bidder, Cardinal Contractors, Inc., for Master Pump Station Controls Upgrade, Bid No. PNC2116668C1, for Water and Wastewater Services, in the amount of $3,918,250, which includes allowances in the amount of $102,250, to be substantially completed within 540 calendar days from the Project Initiation Date listed in the Second Notice to Proceed, contingent upon the receipt and approval of insurance/performance and payment guaranty, and authorize the Mayor and Clerk to execute same. (Commission Districts 3, 4, 8 and 9)

(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved. 

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
COUNTY COMMISSION
 
42.  
MOTION TO REAPPOINT NOMINEES Lee Chaykin and Lois Wexler to various boards (Commissioner Fisher)

(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved. 

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
43.  
MOTION TO REAPPOINT NOMINEE Mayor Christine Hunschofsky to the School Oversight Committee. (Commissioner Udine)

(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved. 

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
44.  
MOTION TO APPOINT NOMINEE Hermes Garcia to the Broward County Housing Council. (Commissioner Rich)

(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved. 

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
45.  
MOTION TO APPOINT NOMINEES Commissioners to serve on the Broward League of Cities Board of Directors in the following categories: (Mayor Bogen)
  1. Dale Holness, Director
  2. Beam Furr, Alternate
  3. Barbara Sharief, Second Alternate
(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved. 

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
46.  
A. MOTION TO APPOINT NOMINEES Mayor Mark D. Bogen, Vice-Mayor Dale V.C. Holness and Commissioner Lamar Fisher to the Pompano Beach Residential District Advisory Board.

(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved. 

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.

B. MOTION TO APPOINT NOMINEES Gary E. Mclamore, Mary Phillips, Phyllis Smith, Robert Stanley to the Pompano Beach Residential District Advisory Board (Sponsored by Mayor Mark D. Bogen, Vice-Mayor Dale V.C. Holness and Commissioner Lamar Fisher). (Mayor Bogen)

(Per the Tuesday Morning Memorandum:  At the request of Vice-Mayor Holness, Motion Statement to be amended to include Pastor Jacques Dumornay to the Pompano Beach Residential District Advisory Board.)

(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved as amended with Yellow-Sheeted Additional Material, dated April 16, 2019, submitted at the request of Vice-Mayor Holness.

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
47.  
MOTION TO DIRECT staff to take all appropriate action to place a radio communication tower in West Lake Park in support of the County’s implementation of the P25 radio system, unless and until this site is determined not to be viable. (Mayor Bogen)

(Item Numbers 47 and 50 were heard concurrently and voted on separately.)

ACTION:  (T-11:50 AM)  Approved.  (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
SECOND SUPPLEMENTAL AGENDA
 
COUNTY ADMINISTRATION
 
48.  
MOTION TO DISCUSS terms proffered by FPL for an agreement, subject to review and approval by the County Attorney’s Office, in exchange for locating solar panels on the BB&T Center, at no cost to the County, subject to an early termination fee; including the County’s purchase of real property owned by FPL located between the Sawgrass Expressway and Canal L-35A at fair market value (offset by FPL easements) to allow for the potential construction of pedestrian/bicycle bridges and associated ramps connecting the BB&T Center to the Conservation Levee’s pedestrian/bicycle pathway into the Everglades.

ACTION:  (T-12:30 PM)  Following discussion, the Board directed staff to negotiate a final Agreement, and bring an Item back to the Board on Tuesday, May 7, 2019, if a negotiated Agreement is reached.  (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
49.  
MOTION TO APPROVE Interlocal Agreement for Transportation Surtax Services between Broward County and The Broward Metropolitan Planning Organization (“MPO”), retroactive to April 1, 2019 through December 31, 2024, providing for the MPO to develop a process to review, rank, and prioritize municipal projects based upon each project’s ability to alleviate traffic congestion and enhance connectivity; authorize the Mayor and Clerk to execute the Agreement; authorize the County Administrator to take all administrative and budgetary actions to implement the Agreement.

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

ACTION:  (T-1:07 PM)  Approved.  (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated April 16, 2019, submitted at the request of the Office of the County Attorney.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
 
 
COUNTY ATTORNEY
 
50.  
MOTION TO ADOPT Resolution No. 2019-245 the title of which is as follows:  
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, DIRECTING THE COUNTY ADMINISTRATOR TO PUBLISH NOTICE OF PUBLIC HEARING TO BE HELD ON TUESDAY, MAY 7, 2019, AT 10:00 A.M. IN ROOM 422 OF THE BROWARD COUNTY GOVERNMENTAL CENTER, 115 SOUTH ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA, TO CONSIDER A RESOLUTION APPROVING A MODIFICATION OF THAT CERTAIN DECLARATION OF RESTRICTIVE COVENANTS FOR WEST LAKE REGIONAL PARK; DIRECTING THE PARKS AND RECREATION DIVISION TO POST SIGNAGE AT WEST LAKE REGIONAL PARK IN ACCORDANCE WITH THE DECLARATION OF RESTRICTIVE COVENANTS; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

(Per the Tuesday Morning Memorandum, this item should be listed under the header of "Set for Public Hearing."  In addition, the Board's consideration of this item will be based on the revised Resolution and exhibits distributed as Additional Material 50(2) by the Office of the County Attorney.)

(Item Numbers 47 and 50 were heard concurrently and voted on separately.)

ACTION:  (T-12:12 PM)  Approved as amended with Yellow-Sheeted Additional Material, 50(2) dated April 16, 2019, submitted at the request of the Office of the County Attorney.  (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated April 16, 2019, submitted at the request of County Administration.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
COUNTY COMMISSION
 
51.  
A. MOTION TO APPROVE use of County staff and resources to promote and raise funds for the Friends of Humanity International, Inc. (FHII).

(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved. 

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.

B. MOTION TO APPROVE contribution of $2,000 to FHII to be used for charitable purposes and to authorize the County Administrator to execute any corresponding agreement subject to approval as to legal sufficiency by the Office of the County Attorney. (Commissioner Sharief)

(Transferred to the Consent Agenda.)

ACTION:  (T-11:36 AM)  Approved. 

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
52.  
MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Chapter 39 of the Broward County Code of Ordinances (“Zoning Code”) related to regulations for planting and maintenance of trees near power lines in unincorporated Broward County. (Commissioner Sharief)

ACTION:  (T-1:35 PM)  Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
THIRD SUPPLEMENTAL AGENDA
 
COUNTY COMMISSION
 
53.  
MOTION TO APPROVE use of District 2 staff and resources to solicit funds to assist families who have experienced property damage due to fire and other catastrophic events. (Mayor Bogen)

ACTION:  (T-1:37 PM)  Approved as amended to include all Districts' staff and resources to solicit funds to assist families in need.  The Board requested that an item come back to the Board on Tuesday, May 7, 2019, addressing the Ethics Code and assisting persons in need. In addition, Commissioner Rich suggested future Board discussion or a Board Workshop as relates to Board allocated charitable monies to assist persons in need.  (Refer to minutes for full discussion.)

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
 
NON-AGENDA
 
54.  
AFFORDABLE HOUSING – COMMISSIONER RICH

ACTION:  (T-1:50 PM)  Commissioner Rich asked all for their support in stopping a current Bill that would block local Affordable Housing.  Following discussion, the Board directed the County Attorney’s Office to draft a Resolution opposing any legislation that would take away Affordable Housing mandates, and authorized Mayor Bogen to forward correspondence to Governor Ron DeSantis, as well as State representatives and State senators. (Refer to minutes for full discussion.)
 
VOTE:  9-0.  Commissioner Geller voted in the affirmative telephonically.
 
55.   BROWARD AND BEYOND BUSINESS CONFERENCE – COMMISSIONER SHARIEF
 
ACTION:  (T-1:53 PM)  Commissioner Sharief noted that the Broward and Beyond Business Conference is being held on Friday, May 3, 2019 at the Signature Grand. Registration is free and open to the public. (Refer to minuets for full discussion.)
 
56.  
NATIONAL COUNTY GOVERNMENT MONTH – COMMISSIONER SHARIEF

ACTION:  (T-1:54 PM)  Commissioner Sharief pointed out National County Government Month, as well as pointed out that she recently nominated Deputy County Administrator Monica Cepero for Hispanic Women of Distinction.  (Refer to minutes for full discussion.)
 
57.  
MOUNT OLIVET SEVENTH-DAY ADVENTIST CHURCH ANNIVERSARY – VICE-MAYOR HOLNESS

ACTION:  (T-1:54 PM) Vice-Mayor Holness noted that last Sunday he attended the 80th Anniversary of Mount Olivet Seventh-Day Adventist Church.  (Refer to minutes for full discussion.)
 
58.  
HAPPY PASSOVER AND HAPPY EASTER – VICE-MAYOR HOLNESS

ACTION:  (T-1:55 PM) Vice-Mayor Holness wished everyone a Happy Passover and a Happy Easter.  (Refer to minutes for full discussion.)
 
59.  
REQUEST FOR UPDATE – COMMISSIONER FURR

ACTION:  (T-1:55 PM)  Commissioner Furr asked for an update as to contracts and sheltering with the School Board. (Refer to minutes for full discussion.)
 
60.  
LAKE OKEECHOBEE – COMMISSIONER FURR

ACTION:  (T-1:57 PM)  Commissioner Furr pointed out that tomorrow is the last day to provide public input for Lake Okeechobee levels. (Refer to minutes for full discussion.)
 
61.  
THANK YOU – COMMISSIONER FURR

ACTION:  (T-1:57 PM)  Commissioner Furr thanked Deputy County Attorney Angela Wallace for her work.  (Refer to minutes for full discussion.)
 
62.  
CONGRATULATIONS – COMMISSIONER FURR
 
ACTION: (T-1:57 PM)  Commissioner Furr congratulated the Sun Sentinel for winning the Pulitzer Prize.  (Refer to minutes for full discussion.)
 
63.  
HISPANIC UNITY – COMMISSIONER RYAN

ACTION:  (T-1:57 PM)  Commissioner Ryan noted that he will be participating in an upcoming speaking engagement for Hispanic Unity.  (Refer to minutes for full discussion.)
 
64.  
TEAM POLITICAL FORUM – COMMISSIONER UDINE
 
ACTION:  (T-1:58 PM)  Commissioner Udine noted that he is looking forward to speaking with students during the Team Political Forum this week.  (Refer to minutes for full discussion.)
 
65.  
RECOGNITION – COMMISSIONER UDINE

ACTION:  (T-1:58 PM)  Commissioner Udine recognized the Sun Sentinel for winning the Pulitzer Prize, as well as noted that The Eagle Eye also received honorable mention.  (Refer to minutes for full discussion.)
 
66.  
PURCHASE OF BUS RADIOS – COMMISSIONER UDINE

ACTION:  (T-1:58 PM)  Commissioner Udine noted that the School Board has purchased all their bus radios. (Refer to minutes for full discussion.)
 
67.  
KUDOS – COMMISSIONER UDINE

ACTION:  (T-1:59 PM)  Commissioner Udine gave kudos to Broward County Highway and Bridge Maintenance for timely repairing a bridge ahead of schedule.  (Refer to minutes for full discussion
 
68.  
HAPPY HOLIDAY WISHES – COMMISSIONER UDINE

ACTION:  (T-1:59 PM)  Commissioner Udine wished everyone a happy holiday.  (Refer to minutes for full discussion.)
 
69.  
LAKE OKEECHOBEE – COMMISSIONER GELLER
 
ACTION:  (T-1:59 PM)  Commissioner Geller stated that yesterday he participated in the South Florida Regional Planning Council Meeting with Commissioners Furr and Udine, and that lengthy discussion was had surrounding Lake Okeechobee concerns. (Refer to minutes for full discussion.)
 
70.  
CONCERN – COMMISSIONER GELLER

ACTION:  (T-2:00 PM)  Commissioner Geller expressed concern relative to the legislature continuing to try to take away power from local government.  (Refer to minutes for full discussion.)
 
71.  
INNOVATION CENTER - COMMISSIONER GELLER

ACTION:  (T-2:00 PM)  Commissioner Geller noted that based on conversations with County Attorney Andrew J. Meyers, it appears that issues are being resolved relative to the Innovation Center.  (Refer to minutes for full discussion.)